Monday, February 16, 2009

Restraining Orders as a Weapon

Although Glenn Sacks article is focused on why Joe Biden is bad (this article was written pre-election), his reasoning behind it is due to Biden's legislative support of certain domestic violence policies.  Sacks's opinion is that these policies have made it too easy to place restraining orders on men, putting these men at risk. 

I have worked with both victims and perpetrators of domestic violence.  I have to admit that there is some truth that this restraining process is too easy.  A wife can have her husband put in jail for a few days, unable to make any contact with his children for weeks, and have to attend a four month domestic course just as quickly as you can make a police report.  As a father, having no contact with my children would be devastating, especially if my wife was dishonest.  

However, I am not sure what the solution is.   Simply there are men that are abusive, and there needs to be a protection in place for the safety of these women and children.  I agree with Sacks that women can be abusers too.  Despite what some have speculated it is not always in self defense.  However, Sack's argument that half of abusers are women seems to be going a bit far - I love would love to see the study that found that.  I will also agree that the physical abuse can come from both parties.  But DV perpetrators always blame the victim and explain why the other person is just as guilty, or provoked it - "I wouldn't have done it, if they hadn't done what they did".  So you can see why it is sometimes difficult to identify a clear perpetrator and a victim acting in self defense.    

I do not think that softening the ability to get a restraining order is the solution.  Salt Lake City is in the process of setting up a court/judge specifically to deal with domestic violence.  I think that is a step in the right direction to have someone specifically trained to get to the bottom of things.  Overall I suppose these "easy" restraining orders are the price we have to pay for some peoples choice to be domestically violent.  






4 comments:

  1. This article was really fristrating for me! I admit that my viewpoint may be a little bit biased due to where I work (at a DV shelter). However, the article was way over simplified and the clarification between restraining orders and protective orders was in no way clear. There is a huge difference. Anyone can apply for a restraining order. However to get a PO (protective oder) it must be a domestic situation (i.e. husband and wife, co-habiting, have a child together or be living in the same house/appartment) also there must be evidence of PHYSCIAL ABUSE for a judge to sign a protective order. Also the man (or woman depending on the situation) has the opportunity to appear in court before the judge to offer their side of the story BEFORE A P.O. is put in place. I am not saying that women can't be violent or that there are not dishonest women out there but personally I sure get sick of men (Glenn Sacks) whining about how women are ruining "poor honest dads lives" I regularly see the results to women and their children of the actions of these "poor honest dads" who according to whats his face need to be protected from their deceitful and "disgruntled wives" What a... never mind. It was a interesting post but sure was provocative to me personally. And hurray for Joe Biden for having the guts to stand up and try to make a difference!

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  2. I have a friend (male) who was jailed for a night because he was defending himself from his abusive girlfriend. The girlfriend has a substance abuse issue, was intoxicated and tried to break my friends face with a chair. All my friend did was hold her down while HE called 911. Because the girlfriend had some minor bruising on her wrists (where he was restraining her), he had to spend the night in jail. We're talking Las Vegas jail too.
    My friend has never been in trouble with the law. He was getting ready to give this girlfriend an ultimatum (get help or it's over), and has never harmed a fly. But, because he's a guy, he got to spend 24 hours with some nice fellows in county. Now, he has a record as well. Nice.

    This just shows how easy it is to lock-up someone for domestic abuse.

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  3. Wow! I had no idea how any of this works. I am truly shocked at how easy the whole process is. But, I have got to say, don't know if you can protect some (those being punished wrongfully) without taking away the rights and protection of others. I have no idea of how to even begin solving this.

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  4. This is a difficult issue. Anyone in law enforcement will tell you it's their least favorite issue to handle. Although not explicitly policy-related, the work that scholar Michael Johnson has done to distinguish among the types of couple violence is very enlightening to read, and as a former practitioner, it makes sense to me. It is sad that Dan's friend was jailed. It is also tragic when someone is killed even when a P.O. is in place.
    I would like to see very proactive prevention work done in high schools on the issue of violence in dating relationships. Perhaps some work is already being done [dialing Liz]?

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