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re: no contact order
01-06-2008 5:32 PM
Joined on 07-08-2007
Believe me - women's shelters (and just about everyone in the criminal justice system as well) are very much aware of the abuses of RO's by victims. It's just considered "politically incorrect" for most of them to say so out loud.
I agree with you that overall, the process in most places needs a LOT of improvement to combat the waste of everyone's time and resources when "victims" play the system using their RO as a tool of reverse control and abuse. But it's not so much that the law itself doesn't make sense - it's just that the way the statutes are drawn up (varying from state to state) they don't take into consideration the ploys and manipulation that are possible and thus are often exploited. These loopholes SHOULD be tightened, and it will only happen when legislators not only are urged to do so by their constituents, but when they figure out exact language that will better balance the purposes of protection, with the attempt to minimize abuses. If you have the heart for it, I encourage you to get involved in the process by contacting your state legislators.
But overall, even though it's a hassle for you to have to petition, orders CAN be dropped when the person with the order against them can convince the court that the need for the order should be vacated based on the repeated actions of the "victim".
(Your situation is sort of outside the "typical" type of case that orders were intended to address, in that, IF your case was truely one of self defense, the arrest and thus the order were issued against the wrong party. But when issued against the RIGHT party, they are a highly useful tool to combat continued domestic violence.)