Tag Archives: restraining orders

Terry McAuliffe’s Binders Full of Women

The state of Virginia has an interesting piece of legislation in play right now. HB 1852 allows someone with protective orders to carry a concealed handgun after they apply for a permit. Normally you cannot carry a gun until after you have received your permission slip, and that can take up to 45 days. Days you may, or may not have. The emergency permit is good for 45 days, and you can only utilize the “by-pass” if you have applied for a permit.

The bill passed the Senate by a 27-13 vote. It had already been approval by the House of Delegates.

“Governor” McAuliffe had a chance to help domestic abuse victims with similar legislation last year, but he chose to side with the abusers and vetoed it. His aide says he plans to again prevent victims from being able to obtain life saving tools in an emergency situation this year. Of course McAuliffe is not the only one siding with abusers. A confused Demoncrat named Favola also took a very firm stand against women:

“We already have a victim who’s vulnerable and very concerned and anxious, and we’re going to allow this person to bypass whatever requirements we might have for concealed handgun permits – one of which is training – to go ahead and get the gun,” she said.

“We should base public policy on evidence-based research. Folks who have studied this issue, folks who have advocated for the rights of women, folks who have spent many years evaluating domestic violence situations tell us that it is not wise to interject more firearms into a situation that is already volatile,” Favola added. “In fact, when a firearm exists in a situation of domestic violence, it’s actually the woman who is five times more likely to die.”

I would say probably not if the gun is in HER hand. So this Favola thing thinks it’s far better to allow the victims to remain vulnerable, anxious and concerned. I guess no one pointed out to her there was nothing to prevent the woman from getting her gun and taking it and getting training if she needed it, or wanted more. I rather suspect if a woman feels the need to get a gun to protect herself, she will want to be able to use it effectively. But that thought process may be too deep or McAuliffe and Favola. But they probably have taxpayer funded protection don’t they? They’ve never known that fear, so it doesn’t exist does it?

So, what does this magical piece of paper do? From the Fairfax Co. website

A protective order can:

Prohibit acts of violence, force, or threat or criminal offenses that may result in injury to person or property.

Prohibit such other contact with the Petitioner as the judge deems necessary for the health and safety of the Petitioner.

Prohibit such other contact with the Petitioner’s family or household members as the judge deems necessary for their health and safety.

Order any other conditions the judge may deem necessary to prevent acts of violence, force, or threat, criminal offenses resulting in injury to person or property, or communication or other contact of any kind by the respondent.

And what does one have to do to obtain such a magical piece of paper?

Several forms must be completed to obtain a preliminary protective order. These forms are available at the civil clerk’s office, and can be completed at the court or taken home to complete.

You must complete the forms on your own, and you must be present to file them.

When all of the appropriate forms have been completed, the clerk will present the petition to a judge. They will review the forms and make a determination whether to issue the preliminary protective order or not. If approved, a court date will be set within 15 days and notice of the hearing will be served on the respondent.

Fifteen days, wow. But you can get an emergency order. They also helpfully tell you what to do in the event that the order is violated:

You should immediately call 911 and tell them you have a protective order and the respondent is violating it. You may also file violation charges with the magistrate.

I guess they mean if you live, then I guess you wait for the police to show up with their guns to save you.

This restraining order thing is interesting.

The Independent Women’s Forum points out how restraining orders can become a tool in a woman’s bag of dirty tricks. By that I mean that some women get a restraining order to gain the upper hand in a contentious divorce. The man gets booted out of the house, possibly loses unfettered access to his children, and it may give her a leg up in court for division of property. It can also cost an innocent man his Second Amendment rights. TV host and liberal wing-nut David Letterman once had a restraining order issued against him. The judge didn’t really think wing-nut had done anything, but the woman had filled out the paperwork correctly.

Security specialist Gavin de Becker says in his book The Gift of Fear restraining orders are “homework assignments police give to women to prove they’re really committed to getting away from their pursuers”, they “clearly serve police and prosecutors”, but “they do not always serve victims”.

How effective are restraining orders? From Psychology Today I learned they work about half the time. They work for people that tend to follow the rules. If the guy is saying “If I can’t have you no one will” he quite possibly will not care one whit about that piece of paper. The victim may or may not be consistent in reporting violations, the police may or may not be consistent in their approach to reported violations. If the victims has been inconsistent in reporting, they will probably be more inconsistent in their response.

The rest I’m going to pretty much quote:

Problem Four: Sometimes the presence of a Temporary Restraining Order makes what was a dormant situation instantly worse. Gavin de Becker says “Sometimes when we engage we enrage.” This means that if the subject has not bothered the victim prior to this point, getting him served in court with a civil stay-away order may suddenly give him a reason to become a never-ending irritant to the victim. “You’re giving me a restraining order? I’ll give you a reason to give me a restraining order!” and then the games begin.

Problem Five: Are the police, the domestic violence advocates, and the victim using a Temporary Restraining Order as the primary placating tool/security blanket, when a better plan exists? Sometimes it makes good safety sense for the victim to move away. When I was a dv investigator, we often told victims to get a TRO, as part of our usual attempts at due diligence and giving them all of their options. In retrospect, it often made the situation worse and created a false sense of security that once the order was served, the police were now somehow waiting right around the corner to help.

Some domestic violence victims participate in their own murders by not reading the warning signs, not trusting their intuition, and over-relying on the ever-flawed criminal justice system for help. The life they have to protect is their own.

Move away? Move away? Someone who is already a victim has to move away from job, family, friends and whatever support system they have? So reality strikes, the restraining order is every bit as strong as, well, a piece of paper.

Another state has a similar bill going through their legislature. Indiana has House Bill 1071 which would allow those who have been granted a protective order to use that order to obtain a temporary permit to carry a gun. Those wishing to use the order as a carrying permit must be 21 years old and must follow all regulations to receive an actual concealed carry permit.

A firearms instructor and attorney, Guy Relford testified that some of the women he has trained have told him that their attackers went away when they saw the gun, they didn’t have to shoot, they went away. Apparently allowing women the means to defend themselves did not cause blood to run in the streets. Then Demoncrat Summers rode in on her unicorn and stated:

“I think that your energies should be in strengthening up that protective order, doing some other things in a domestic violence situation instead of giving a scared to death woman a gun,” Summers said.

Summers did not dismount her unicorn long enough to specify just HOW she could strengthen a protective order enough that a determined abuser wouldn’t blow that off as well. But, well, hey, she’s a Demoncrat.

So Governor McAuliffe has little regard for the lives of at risk women it seems to me. It appears he is much more concerned about protecting abusers as he is also much more concerned about New York than he is Virginia. So McAuliffe with the help of other Demoncrats is starting a “Binder full of women”, much like Governor Chris Christie has a binder of women. Women like Carol Browne who died due to New Jersey gun laws. A binder of victims who were denied the emergency equipment that could have saved their lives. Or like Castle Rock vs. Gonzalesthe children who are victims when the magical restraining order fails.

Perhaps McAuliffe, various Demoncrats and Governor Christie think domestic violence is funny, that’s it’s all like “Goodbye Earl”. But then, they have taxpayer funded security don’t they? Right, I forgot, the fear and danger isn’t real.

 

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