Your View: Judges can stop Restraining Order abuse
I read in the Tuesday, Aug 19, issue of The Standard-Times that there will be a new state law that keeps domestic violence entries on police logs from the public and the press. Gov. Deval Patrick signed this bill into law in order to prevent domestic violence and tighten punishment for perpetrators.
While I am all for giving women who are actually under threat additional protection, there is a particular group that has been overlooked.
Every year in Massachusetts, thousands of men are the victims of 209A Restraining Order abuse. By women simply claiming to be in fear, they are able to drive thousands of good fathers every year out of their children's lives. Conservative estimates of 209A Abuse comes to about 35-50 percent of all abuse cases (just ask any policeman or attorney, off the record of course). Why is this important?
Children coming from fatherless homes are 6.6 times more likely to drop out of school, 15 times more likely to have behavioral disorders, 5 times more likely to commit suicide and 20 times more likely to wind up in prison. Judges used to be thought of with respect as men and women who were counted on to protect our state's citizens and the rights that we all cherish. But by taking an activist role in driving good fathers out of their children's lives, Massachusetts judges are tearing away at the very fabric of society. As several politicians have said to me (also off the record), "we pay them good money, but they don't do their jobs."
There are several reasons for this action (or inaction) on the part of judges. There is fear of being wrong and not issuing a 209A Restraining Order when one is actually needed. Some assume that all men are guilty and some just don't think that putting a man in jail and driving him out of his children's life is such a big deal. The problem is, until Massachusetts judges have the courage or self-respect to provide due-process to the recipients of 209A Restraining Orders and really go after people who frivolously bring actions that they know are false, they are simply providing a moral hazard for (mostly) women who are attempting to gain an advantage in custody and divorce proceedings, or as a means to get even for some real or perceived transgressions. I think it is irresponsible to pass additional laws, whose purpose is to encourage more women to take out 209A Restraining Orders, until we have some assurance that the judges in Massachusetts take the rights of all of its citizens (especially children) seriously.
According to Ella Wheeler Wilcox, "To sin in silence when we should protest makes cowards of men." Only when all of our citizens (including men and children) have the blessing of due process, can we protect the rights of every individual in our state. It is time for lawyers, police, court employees and especially judges (people in the system who really know what is going on) to stop sinning in silence and to start speaking out about the injustice of 209A Restraining Order abuse and the harm that Massachusetts judges are doing to our children.North Dartmouth
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