Unequal in Execution and Enforcement
According to “AI Copilot”, Protective orders are available in every state in the United States for victims of domestic violence.
- They can be obtained on an emergency basis without the need for an attorney.
- These orders prohibit the abuser from harming or contacting the person protected by the order.
- They can also address child custody, visitation, and other related matters.
In Timothy’s case, his spouse opted to use a protective order for a contentiously devious purpose in retaliation for the decision to pursue a divorce. Instead of simply agreeing to sign the necessary documents and proceed as planned, she devised a scheme utilizing the legal system’s protective measures. This involved leveling false allegations of violence against Timothy, a behavior she herself had been perpetrating within the family as a constant in their home life.
It should be noted that protective orders are often issued without due scrutiny or evidence of genuine threat.
According to court records, Timothy’s wife engaged in violent acts against him, and the children then secured a protective order by falsely claiming he was the aggressor and that the children feared him. This order effectively barred him from his residence and access to his children. However, a few months later, she returned to court, recanted her initial claims, and had the order against him dismissed to subsequently leave their three children aged 12, 10, and 3 with him at his new residence, which she had compelled him to acquire, before abandoning them for nearly a year.
What is the consequence when the protective order is obtained falsely?
According to “AI Copilot”, “when someone secures a protection order due to false accusations, there are often serious consequences. An innocent person can wind up with significant effects on their life, including relocating, having to change their daily activities to avoid the victim, and losing time with their children¹. The legal punishment for filing a false order of protection can vary, but it can result in misdemeanor or felony charges. Penalties may include fines, probation, or imprisonment.” See Related Sources:
Officials Ignored and Failed to Enforce Timothy’s Protective Order.
On January 9, 2024, after Timothy’s release from the hospital although still recovering from a diabetic episode, Timothy returned home to a distressing discovery: his three sons were missing. The sitter, who initially withheld information about the missing children, revealed to the police that she had taken the children to their mother. However, the mother had been estranged from the family, living in Las Vegas for nearly a year. Timothy did not know she had returned.
After the abandonment, Timothy successfully obtained a protective order against his estranged wife, clearly outlining the terms that prohibited her from having any direct contact with him or their children, except by text messages.
Despite Timothy’s urgent calls and report about the children being taken and the blatant violation of the protective court order, the police inexplicably failed to take swift and appropriate action in response to the crimes. Despite Timothy’s repeated efforts to seek assistance and even after the elusive mother was finally served with the order she had evaded; the police did not effectively enforce the order to ensure the safe return of his children. As of the date of this writing, the children remain unlawfully held by their mother, who has a troubling history of abusing them – a history that prompted Timothy to seek the protective order in the first place. The lack of decisive action by the authorities left the children in a distressing and dangerous situation, highlighting a critical failure in protecting the well-being of innocent vulnerable children.
What are Consequences when orders are not enforced by police?
Consulting AI-Copilot we’re told “when police don’t adequately enforce protective orders, they inadvertently increase the danger to victims of domestic violence. In some cases, the establishment of a protective order may lead an abuser to retaliate against the victim.” See Related Resources
In Timothys case, the kidnapping was in fact a gross violation of his protective order, and the complaints/notices given directly by Timothy were ignored by the officials, just as the violations reported has had no response. The order was not enforced for Timothy before his demise, nor his children afterward.
It seems there is no immediate help available for this type of situation, however it is suggested to seek legal advice asap if dealing with a situation where police haven’t enforced a protective order effectively. Safety planning is essential for anyone with a protective order in place. See Related Sources from Bing.
Protective Orders for Safety Are Not Guaranteed.
Although Protective orders are given to keep victims safe, they don’t guarantee that violence will stop, nor that it will be enforced or acknowledged by officials.
AI-Copilot tells us if a protective order is violated, the individual with the order can return to the court that issued it. The judge can hold the abuser in contempt and impose fines or imprisonment.
Timothy’s case demonstrates the callous depravity of a legal system established for the vulnerable but can be violated without repercussion. It is an illustration that Protective Orders obtained to inflict emotional distress is enforced. Protective Orders issued to protect is not guaranteed and when violated, maybe ignored and violations unaddressed.
Absconding with the children while Timothy was incapacitated and keeping them hostage and away from him were major violations of his protective order and other violations deemed criminal. Yet, having already taken custody of the children, a violation with compounding violations, the mother asked and appeared in court without the children, for dismissal of Timothy’s protective order against her. Timothy responded telling the court about her violations of having taken the children and was keeping them away from him after having abandoned them for nearly a year. However, just two days before Timothy was to appear in court, he suddenly died. He had filed his opposition and was going to court to get his children back. But because of Timothy’s passing, and without any consideration of the reasons he issued the order to protect his children, the judge dismissed Timothy’s order rendering a void order with violations unaddressed, and only mentioning when asked, that he will make a note about the children. See Children Should Matter, Their Protection Should Have Continued.