For Immediate Release
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For Immediate Release |
QUINCY, March 10 -- After months of delay, Fatherhood Coalition
south shore director Harry Stewart will finally receive his trial today
at Quincy District Court for several alleged violations of a domestic (209A)
restraining order.
Coalition members will hold a protest demonstration on behalf of Stewart and
in opposition to 209A outside Quincy District Court, as they have on prior
trial dates that have all resulted in postponements. That should not happen
today (Wednesday, March 10), as the prosecution has been warned that no more
delays will be tolerated.
Stewart has chosen a bench trial; he will not be tried by a jury. "I want the
court to be responsible for their decision. If they are going to put me in jail
for being a loving father to my two sons, I don't want them to be able to hide
behind a jury verdict," says Stewart, who has indicated that he will not accept
a plea bargain. "The law is wrong. It is chapter 209A of the Massachusetts
General Laws that is on trial here, not Harry Stewart."
All of Stewart's alleged violations have been of the no-contact provisions of
the 209A protection orders his ex-wife has held against him since the breakdown of
their marriage. Like thousands of other fathers in divorce/custody
litigation, contact between Stewart and his children has been
criminalized by allegations of "domestic abuse."
There have never been allegations of violence made against Stewart.
In addition to the three previous violations, a new charge has been made. Late
last year, Stewart's ex-wife had the existing order amended at a hearing where
he wasn't present. The amended order forbade him to leave his vehicle when he
picks up his boys at their school four days a week. The order already prevented
him from leaving his car when picking up his children at his ex-wife's home-one
of the violations is for doing just that. The latest charge resulted in an
attempted handcuffing by police in front of his children at their school.
Stewart spent the night and next day in jail on that occasion. At the time,
Stewart, a Full Gospel minister, was in the company of a Congregational
minister friend.
In a related matter, last week Attorney General Thomas Reilly announced the
filing of legislation to prevent the public's access to 209A court dockets.
Steve Basile of Gardner, co-director of the north central chapter of the
Fatherhood Coalition, is engaged in researching the use of 209A in Gardner
District Court.
According to Coalition spokesman Mark Charalambous:
"The Stewart case is a textbook example of restraining order abuse. It is
incomprehensible that a loving father who has never even been accused of
domestic violence should be facing ten years in jail for violating the terms
of an abuse protection order. It is precisely these kinds of judicial abuses
that the public needs to know about, but the government is doing all it can
to maintain the conspiracy of silence regarding restraining order abuse."
The attorney general's legislation aims to amend the Public Records Law,
Massachusetts' version of the Freedom of Information Act.
Father's rights advocates have maintained for years that 209A orders are
routinely abused by women against innocent men for a variety of reasons.
Because of the sweeping provisions of the law, men can be thrown out of their
homes simply on the request of the woman at an ex parte hearing (where the
defendant isn't present). A 209A order can remove a father's parental rights,
including the right to contact his children by telephone, simply because the
mother claims that she is in fear of him. 209A orders have become the
consequence-free weapon of choice in divorce and custody battles.
According to Stewart, with respect to 209A and domestic violence policies,
"The court creates more violence than it prevents."
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CPF - The Fatherhood Coalition A non-profit, all volunteer organization
of men and women advocating for fatherhood since 1994
Research study on 209A restraining orders threatened
Restraining orders are abused in divorce and custody cases
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