The Violence Against Women Act declares that that an Order of Protection (Civil and Criminal Orders, this does not apply to Military Orders) is valid outside the jurisdiction in which it was established. This allows a victim to work, leave or relocate to another county, city or state and to still be fully protected under their Order of Protection. The jurisdiction that is covered includes all 50 states, Indian tribal lands, the District of Columbia, the U.S. Virgin Islands, Puerto Rico, American Samoa, the Northern Mariana Islands, and Guam.
This nationwide enforcement of Order of Protection helps protects survivors of abuse from violence, threats, stalking or harassment from their batterer. If the order is violated, the victim should contact his/her police department so that it can be enforced. The victim should keep a copy of their Order of Protection with themselves at all times. If they do not have a copy, then law enforcement can check into the issuing jurisdiction’s registry or contact the issuing court.
Some jurisdictions ask that the Order of Protection be registered to help with enforcement purposes, however, federal law does not require this. The risk of registration an Order of Protection is that in some places this information become public record or notice is sent to the batterer; either scenario may compromise a victim’s safety. Victims should contact an advocate or attorney to determine the requirements in their jurisdiction.
For more information about Full Faith and Credit, you can visit the Violence Against Women web site at http://www.vaw.umn.edu/documents/ffc/pcadv/pcadv.html#id119719.
Showing posts with label order of protection. Show all posts
Showing posts with label order of protection. Show all posts
Monday, September 22, 2008
Thursday, August 28, 2008
He came to my door step!!!
I am so frustrated. This morning HE came knocking at my door. He is not suppose to be on the property, he is not suppose to be anywhere near me and he is definetely not suppose to come to my home. I called the police and was put on hold. Yes, 911 put me on hold. After what felt like a few minutes, who knows if it was a few minutes, I just know I heard a recording saying "You've reach 911 emergency services please hold." I heard that recording twice so I hung up the phone and tigger the police panic button on my ADT system.
Since I have had problems with ADT over the last few months, I thought it would be best to contact 911 myself to ensure that they would come to my house. I called 911 again. They put me on hold again, this time I heard the recording three times before an actually operator came on the line. Needless to say, I was very angry at this point. I yelled at the operator and ask for them to please send someone out to my house because my batterer was at my door and I had an order of protection against him. She took down my address. Than I called ADT to make sure they had called the police and while I was on the phone will them, 911 called me back on the other line to get a further description of him. They wanted to know what he was wearing & what model car he was driving. Information I did not have because I was looking through a peep hole for a few seconds before alerting for help.
It took the police 20 minutes to come to my house. When they came they said they never received a call from ADT to come. They said the call that I made to 911 came through the dispatcher as a nonemergency call. Can you belive that!!!!!!! I told the operator that my batterer who I had an order of protection against was at my door step and she felt that was not a REAL emergency. This has to be a joke. I was told that if I wanted the police to come faster next time I would have to stretch the truth and say he was kicking my door in.
The truth is he could have been outside of my apartment with a gun, ready to shot me. The truth is he has already threatened to kill me. The truth is he is not suppose to leave the state of New York where he is on parole and has warrants AND HE WAS AT MY FRONT DOOR.
I spoke to the supervisor of a supervisor at ADT to get to the bottom of why they didn't notify the police department to come to my home. So far what they are saying is that it looks like ADT contacted the police department in another county, a county that is not near my home. Hello, how does that help me here! Who cares? Really, who cares?
Since I have had problems with ADT over the last few months, I thought it would be best to contact 911 myself to ensure that they would come to my house. I called 911 again. They put me on hold again, this time I heard the recording three times before an actually operator came on the line. Needless to say, I was very angry at this point. I yelled at the operator and ask for them to please send someone out to my house because my batterer was at my door and I had an order of protection against him. She took down my address. Than I called ADT to make sure they had called the police and while I was on the phone will them, 911 called me back on the other line to get a further description of him. They wanted to know what he was wearing & what model car he was driving. Information I did not have because I was looking through a peep hole for a few seconds before alerting for help.
It took the police 20 minutes to come to my house. When they came they said they never received a call from ADT to come. They said the call that I made to 911 came through the dispatcher as a nonemergency call. Can you belive that!!!!!!! I told the operator that my batterer who I had an order of protection against was at my door step and she felt that was not a REAL emergency. This has to be a joke. I was told that if I wanted the police to come faster next time I would have to stretch the truth and say he was kicking my door in.
The truth is he could have been outside of my apartment with a gun, ready to shot me. The truth is he has already threatened to kill me. The truth is he is not suppose to leave the state of New York where he is on parole and has warrants AND HE WAS AT MY FRONT DOOR.
I spoke to the supervisor of a supervisor at ADT to get to the bottom of why they didn't notify the police department to come to my home. So far what they are saying is that it looks like ADT contacted the police department in another county, a county that is not near my home. Hello, how does that help me here! Who cares? Really, who cares?
Wednesday, August 13, 2008
Encounter with a victim
Yesterday, I went up to the Sheriff's office to file my out of state order of protection with my county's office. My local precinct has a copy of my order but I was advised by the DV advocate at the solicitor's office to file it with the sheriff department. I made the long trip for no reason. The detective looked at my order and told me that I didn't need to file a copy with their office. He told me that my order was valid and if I saw my batterer than I should call 911.
Frustrated I left. On my way out of the building I encountered a woman who was very distraught. I spoke to her because I felt I could help her even if it was with kind words. She confided in me that she was trying to get an order of protection against her ex-boyfriend. She had spent several hours, going from one county ( the county where she lived) and was told she would have to file in the county where he lived. She then went up to the courthouse to fill out paperwork and wait only to learn that the judge left and she would have to come back the next day. She was very upset. Earlier that day her ex-boyfriend set off about 20 fireworks on her front door step, scaring her and filling her apartment with smoke. She called the police but they could not file a formal complaint because she had not witness him put the firworks in front of her door.
She told me that the man was upset because she had recently changed her telephone number because he was harassing her. She had only dated the man for two months but he didn't want the relationship to end. She told me that she has been trying to break up with him for the two months they were together. She knew very early in the relationship that she did not want to pursue it further. However, he would wear on her and she would take him back.
Now she was fearful he would try to hurt her. As much as she wanted to get the order of protection, she couldn't risk missing another day at work. She did not want his behavior to cost her job. She also felt that the order of protection would just anger him more. "Forget the order of protection, I'm going to get a gun. That is the only way we can really be safe you know. No ones cares about us."
I felt her words but also felt there has to be some other way. I shared my concerned about her safety, even offered her safety at my home for the night until she could transfer apt units at her complex. She kindly declined, as I would have if a stranger offered me the same choice. She was very flustered so I talked to her until she could get her thoughts clear enough to remember where she had parked her car earlier that day. We hugged each other tightly before saying our goodbyes. We pleaded with one another to stay safe. Even though I gave her my number, I know she will not call. No more than I called others who reached out to me in moments of panick and extreme anxiety.
Will she be okay? Will I? Time can only tell.
Frustrated I left. On my way out of the building I encountered a woman who was very distraught. I spoke to her because I felt I could help her even if it was with kind words. She confided in me that she was trying to get an order of protection against her ex-boyfriend. She had spent several hours, going from one county ( the county where she lived) and was told she would have to file in the county where he lived. She then went up to the courthouse to fill out paperwork and wait only to learn that the judge left and she would have to come back the next day. She was very upset. Earlier that day her ex-boyfriend set off about 20 fireworks on her front door step, scaring her and filling her apartment with smoke. She called the police but they could not file a formal complaint because she had not witness him put the firworks in front of her door.
She told me that the man was upset because she had recently changed her telephone number because he was harassing her. She had only dated the man for two months but he didn't want the relationship to end. She told me that she has been trying to break up with him for the two months they were together. She knew very early in the relationship that she did not want to pursue it further. However, he would wear on her and she would take him back.
Now she was fearful he would try to hurt her. As much as she wanted to get the order of protection, she couldn't risk missing another day at work. She did not want his behavior to cost her job. She also felt that the order of protection would just anger him more. "Forget the order of protection, I'm going to get a gun. That is the only way we can really be safe you know. No ones cares about us."
I felt her words but also felt there has to be some other way. I shared my concerned about her safety, even offered her safety at my home for the night until she could transfer apt units at her complex. She kindly declined, as I would have if a stranger offered me the same choice. She was very flustered so I talked to her until she could get her thoughts clear enough to remember where she had parked her car earlier that day. We hugged each other tightly before saying our goodbyes. We pleaded with one another to stay safe. Even though I gave her my number, I know she will not call. No more than I called others who reached out to me in moments of panick and extreme anxiety.
Will she be okay? Will I? Time can only tell.
Friday, August 8, 2008
Order of Protection: Just a piece of paper?
What is an Order of Protection? It is a legal document that is issued by the courts to protect a victim from a batterer. Orders usually tell the batterer to stay away from the victim and tells them to stop threatening her. In theory they are supposed to keep the victim safe. Essentially, they are pieces of paper, just like a dollar is a piece of paper. They hold little value if they batterer decides they will have no value. Since batterers love control and want what they want when they want it - a piece of paper is not always that effective with getting them to stay away from victims.
Order of protections are like video survilleance in that they keep a record that a crime has taken place but don't keep a crime for happening. If God forbid a batterer violates the Order of Protection, the victim (if she is still alive) can contact the authorities and the police can issue a warrant for his arrest and put him in jail (if they can find him). This is a way for justice to be served but the real justice is when a woman does not have to be worried about her safety.
Besides, Orders of Protections, men who commit crimes against women need to be punished through the legal system with lengthy prison sentences. They have to get the message that crimes against women have to end. As a society we are so quick to point fingers at how men treat women in the Middle East, but we do not warrant the attention that is needed of how badly American women are treated by American men. Women should not be objectified, disrespected or battered. Women teach your sons how to treat women. Men teach your daughters how they should be treated by men. Let us start by making changes in our homes, schools, churches, communities and states. Domestic violence will end when we change how men view women's role in our society. Domestic violence will end when men realize that they do not have the Right to control or abuse another human being.
Order of protections are like video survilleance in that they keep a record that a crime has taken place but don't keep a crime for happening. If God forbid a batterer violates the Order of Protection, the victim (if she is still alive) can contact the authorities and the police can issue a warrant for his arrest and put him in jail (if they can find him). This is a way for justice to be served but the real justice is when a woman does not have to be worried about her safety.
Besides, Orders of Protections, men who commit crimes against women need to be punished through the legal system with lengthy prison sentences. They have to get the message that crimes against women have to end. As a society we are so quick to point fingers at how men treat women in the Middle East, but we do not warrant the attention that is needed of how badly American women are treated by American men. Women should not be objectified, disrespected or battered. Women teach your sons how to treat women. Men teach your daughters how they should be treated by men. Let us start by making changes in our homes, schools, churches, communities and states. Domestic violence will end when we change how men view women's role in our society. Domestic violence will end when men realize that they do not have the Right to control or abuse another human being.
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