Domestic Violence; The Hidden Secret

There is a hidden secret in homes all across America that most people chose to ignore. This is my place to share my thoughts, views and occassional rants about the issue of domestic violence. It is my hope that this blog will prove to be an educational tool that will shatter the myths and misconceptions surrounding the issue, raise awareness and motivate all members of society to take a stand against violence against women.

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Location: New York, United States

Thursday, August 17, 2006

How Does This Make Sense?

Maybe it's me. Maybe I expect too much from people. Maybe I foolishly expect people to not just do their job to get by but to do it well and take some pride in what they do. You know...actually THINK about what they're doing once in a while? Imagine you're a criminal prosecutor (District Attorney) working in arraignments one morning. Next case on the docket is a lovely gentleman who was arrested the evening before for beating and strangling his wife. The arrest paperwork in front of you indicates that she lost consciousness and was rushed to the hosptial. Now, as the prosecutor and person working on behalf of the compalining witness (victim) you have the capability of requesting an Order of Protection for the victim. There are 2 types of orders a Stay Away and a Refrain From with the Stay Away being the most restrictive meaning just that, stay away. As you approach the Judge for the arraignment, you submit the application for the OP but instead of requesting the Stay Away considering the severity of the abuse, you request the Refrain From which will allow this guy to go back into the home THAT AFTERNOON. Why do you ask for the Refrain From? Well, that's simple, when the victim isn't present in the courtroom the DA's office doesn't want to force a Stay Away OP on them if that's not what they want so they only request the Refrain From. Okay, that's the STANDARD OPERATING PROCEDURE. THIS is NOT the STANDARD situation. The victim was removed from the scene to the hospital and IS STILL THERE which would explain why she's not in the courtroom for the arraignment.

I just don't get it...these people are supposed to be working on behalf of the victim and in their best interest but couldn't think outside of their little box and get the Stay Away. No, instead this woman was released from the hospital the next day and went home to find her dear husband waiting for her. She has now been forced to leave the marital home and is staying w/friends until the court sees it in their hearts to hear her application to modify the OP to the Stay Away.

Brilliant folks, simply brilliant.

2 Comments:

Blogger Beachwriter said...

To be honest, in my opinion, nothing makes sense when it comes to ignorance.

It is just like that case I saw on Oprah yesterday when the husband brutally attacked his wife to near death and he is set FREE! It just amazes me and I just realize every day that blogs like yours and mine are so needed for awareness.

Great Blog!

6:13 AM  
Blogger Home Sweet Home said...

Haven't you heard, prosecutors are much too busy to take 5 minutes to call the hospital and determine whether or not the victim is in any shape to attend a hearing. And if they had to take an another 5 minutes to talk with the victim, why that would most likely throw off their whole day! Much, much easier and probably less paperwork is to just go to court and say just give the victim whatever is easier Your Honor.

6:03 PM  

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