An Unrestrained Order

The legal label may vary from state to state, but the document and the legal effect granted is known as a "Restraining Order. This order of the court is designed to protect one party, normally a spouse or domestic partner, from anticipated violence at the hands of another party, normally a spouse or domestic partner. A judicial order directing all agencies of the state, particularly law enforcement, to provide protection from violent acts.

In Missouri the procedure to become a holder of the magical piece of paper via the Adult Abuse Act is quite simple. The petitioner, the seeker of the court's protection, appears before the court clerk, fills in the blanks on a form, writes a short narrative describing the violent nature of the individual in question and pays the appropriate filing fee. A temporary order is granted with a court date down the line at which time, if the petitioner appears, a permanent order will be granted on the basis of the petition. In theory, it sounds all well and good. In reality the paper could serve a better purpose if one uses some imagination.

Not to degrade the good intentions associated with the restraining order, the prospect of abuse of the system is at hand. A vindictive spouse or domestic partner need only comply with the mechanics of the forms to accuse an innocent individual and cause the party of the second part to be placed on the street during the time leading up to the hearing that will determine the permanency of the order. That hearing is a slam dunk for the judge is surely to err on the side of the petitioner to avoid any bad publicity should the claim be true. But as I said, in some few cases the fiction outweighs the truth.

The major problem with the system is the enforcement of the order. Law enforcement rarely wants to be involved in these cases. Cops become cynical. Restraining orders are issued and issued to the same parties. The Petitioner and Respondent often live together during the period leading up to the hearing. Male cops empathize with the plight of the accused male. Its a civil matter outside police jurisdiction. Having heard the cry of "wolf" one too many times renders the sheep defenseless.

The U.S. Supreme Court heard a case today. The case involves the right of a woman to sue a police department in Colorado. Most governmental agencies are immune from civil lawsuits, except in certain circumstances, under the legal theory of Sovereign Immunity. She had one of these valuable pieces of paper. But one night her estranged husband had her three young daughters. The woman begged and pleaded with the police to help her. She brought out the paper. The cops resisted her pleas. They assigned no importance to an adequate investigation. That night, the husband shot and killed the girls and then ended his own life in a suicide by cop shootout at the police station. It's easy to Monday morning quarterback, but in this case the instant replay shows it all.

And so this precious piece of paper really amounts to worthless scrap. Although this is a matter for the various States to resolve, perhaps the Federal government could give us guidance. They see fit to do so in other issues.