Restraining Orders Are Used
as Offensive Weapons To Hurt Men More Often Than They Protect Anyone
From: Larry A. Sonna [mailto:larry_sonna@hotmail.com]
Sent: Tuesday, June 20, 2006 4:47 PM
To: Mike Franco
Subject: 209A as a weapon of abuse
A little tidbit for you on the 209A that you might find interesting and perhaps
even helpful to your efforts to get the law changed:
My wife and I are in the middle of a divorce that is headed for trial after
almost 3 years of acrimony. I have since moved to Virginia and live 500 miles
away; nevertheless, she repeatedly renewed a 209A protection order (originally
issued after a fight we had), even after I moved away, until it was made
permanent. No surprise so far, right? But here's the catch: In an effort to
prevent me from showing up at the divorce trial (and thus win a
default judgment), she has also made repeated allegations to the police of
violations of the 209A, and informed me of same, knowing full well that police
policy in MA is to arrest automatically. She also knows that, as a medical
professional, an arrest could result in suspension of my license, even if the
arrest is subsequently ruled to have been unfounded. The fact that the 209A was
never served (because I live in Virginia) matters not in
MA - police policy is to arrest on allegations of 209A violations and let the
Courts sort it out.
I've spoken to my lawyers about this ridiculous state of affairs and was
informed that there is no legal vehicle at present to rectify the situation. A
permanent order can't be challenged, even though I was living 500 miles away at
the time and couldn't afford to travel back to oppose it at the time. So, I'm
confronted with a dilemma: Do I throw away my future career and come to MA to be
arrested "automatically", or do I throw away my future earning potential by
defaulting at my own trial?
The 209A was originally intended to protect women from abuse. But in the right
hands, as the anecdote above shows, it is a powerful weapon that can be used to
inflict abuse.
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