At least, this time, the media asked ''Can restraining orders really protect?"
January 14, 2005
Huntington (WV) Herald Dispatch
HUNTINGTON -- Can restraining orders really protect you?
The question takes on tragic relevance in the wake of the shooting of a
Ceredo woman Wednesday. The man sought in her death had reportedly violated
such an order by showing up at her home the night before.
Cabell County Magistrate Michael J. Woelfel begins his answer by defining
some terms. He says "restraining orders," which are handled in Circuit
Court, can be against anyone who has harmed you or is threatening to.
The document you need when the person is a past or present relative is a "domestic violence protective order," which starts in Magistrate Court and progresses to Family Court.
The process begins when a magistrate hears a complainant’s request for help.
The magistrate decides whether to issue the order. Then the case is referred to Family Court, where a family court judge hears it within eight to 12 days and decides whether a "final protective order" is warranted. If the judge rules that it is, he or she can make that order effective for either 90 or 180 days.
If a DVP order is issued, the respondent -- the person accused of doing the abuse -- will be ordered to stop abusing, harassing, stalking, threatening and intimidating the complainant and will be prohibited from possessing or using any firearm or other weapon. Such possession while an order is in effect is a federal offense that could bring a 10-year prison term.
That’s the law -- but does the law work?
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The newspaper tries to go on to make the case that, "when enforced right", it does. But real life suggests otherwise:
Despite restraining order, man shoots ex-wife in head
''Paper Protection'' fails another battered wife
Mother: restraining order, cameras & pepper spray didn't save my daughter
Multiple restraining orders fail to restrain; Hamilton County woman dies
Right to self-defense coming too late for some domestic violence victims
Akron: Yet another attack after ''restraining'' order fails to restrain
- 1196 reads
