Restraining Orders in Massachusetts:The Real Abuse
...e women’s Bar Association in Massachusetts, “Restraining orders are handed out like candy, and in virtually all cases, no notice, meaningful hearing, or impartial weighing of evidence is to be had” (Baskerville, 2004). Courts need to realize that while there are women who do need a restraining order, there are many who will obtain one when there is no evidence of abuse. Some courts believe that restraining orders should be issued out on a “better safe than sorry” basis. False accusations and fathers who wish to see their children have been denied because of restraining orders that are unsubstantiated. Courts should have proven facts such as hospital/ doctor reports, witnesses, etc. before they issue a retraining order to women. When restraining orders were first introduced in Massachusetts in the 1990’s, there had to be some form of proof before a restraining order could be issued to a woman. In reality, a restraining order cannot guarantee a woman’s protection. There have been many retraining orders broken, and women have been abused, or even murdered. In addition, judges often do not issue jail time to the abuser when a restraining order is violated. Second, the police are also to blame for ineffective restraining orders. There have been cases where the police were called for a husband who violated the protective order, and no one was sent to investigate. A restraining order issued to a woman relies heavily on the local law enforcement to uphold. If no police will investigate the situation then women who are being abused will be at serious risk. In other instances, police will come at the request of the woman and merely send the abuser away. This is not how a restraining order was meant to protect a woman. If a woman has been granted a restraining order then every measure should be taken to protect her when she calls the authorities. Third, women themselves are to blame for the ineffectiveness of a restraining order. There have been many false accusations on a women’s part to accuse someone of abuse. This is usually done in the heat of an argument, or in divorce cases, where a restraining order would help the woman gain custody of the children. This only leads to the courts and judges to question whether they are doing the right thing when issuing a retraining order. Forcing a father to stay away from his children for no reason or instance of abuse is wrong, and the children are the ones who suffer the most. According to Milton Raphaelson, “Few lives, if any, have been saved, but much harm, and possibly loss of lives, had come from the issuance of restraining orders and the arrests and conflicts ensuing there from. This is not my opinion: it is the opinion of many who remain quiet due to the political climate: innocent men and their children are deprived of each other” (Milton, 2001). In addition, there are women whose abuser has contacted them either in person or by telephone and they themselves have not notified authorities. In addition, if a restraining order has been issued, there is to be no contact whatsoever. Some women abuse this order at their own convenience and expense. Attorney Sheara Friend, of the Wellesley firm Kahalas, Warshaw & Friend, estimates that about half of all restraining orders are merely legal maneuvers,...