Dave Hartley http://www.asheville-computer.com/dave -----Original Message----- From:Trudy W. Schuett Sent: Sunday, April 23, 2000 6:40 PM To: NCF list Subject: [ncnculture] [Fwd: Domestic Violence - Colorado House Bill HB 1158] "Dr. Charles E. Corry" wrote: > > Today brings images evocative of Nazi Germany. In a case of > gross mismanagement and incompetence our government uses practices I > joined the Marine Corps to try and stop. > Supposedly to reunite a child with his father the best way to do > it is to threaten a 6-year old boy with a submachine gun in predawn > darkness using 151 combat-armed agents dressed in a fashion only the > Gestapo could admire. > In a land where the rule of law was in force a single marshal > would have walked up to the door of the home where the boy was, in > full daylight, with a warrant or subpoena. The citizens in question > would obey willingly out of respect for the courts, the law, and the > police. Oh how far we have come from that! > Instead, in most of the United States, the greatest fear a > father has is of dealing with the "family" courts. > Today, most commonly the marshal at the door or at his > workplace is bringing a restraining order telling him he cannot ever > see his children again because the mother claims he has abused her or > the children. > Usually such restraining orders are issued ex parte and he has > no chance to defend himself. The perfunctory hearing two weeks later > is likely to be based more on hearsay than established rules of > evidence. > In family court, the mere accusation of abuse or violence is > sufficient to deny custody and visitation for a father. > It bears repeating that the safest place for a woman is in her > home with the biological father of her children! > Despite that well-established fact, the Colorado legislature > has passed law after law that destroys families by the thousands and > drives fathers from their children on unsubstantiated claims by a > woman that she was abused or assaulted. > Every available study shows that false allegations of child and > domestic abuse are rampant in our society and occur by the millions > every year. In a free society we cannot solve the problem of family > violence and abuse unless we first solve the problem of false > allegations. > And now comes the Colorado legislature with one more draconian > measure that purports to control domestic violence by raising the > level of punishment for such offenses to a felony in certain cases. > HB 1158 has now passed in the House and is before the full state > Senate, having passed out of committee on April 19th. > HB 1158 also further degrades due process by eliminating the > requirement to notify a man who doesn't show up for the temporary > orders hearing that the restraining order has been made permanent. > As an oceanographer I was often at sea for months at a time. > Imagine a restraining order issued ex parte against me while I was at > sea or doing research in some remote corner of the earth. I come home > knowing nothing about it because HB 1158 doesn't require > notification. I'm arrested, in jail, convicted, and have done nothing > wrong except pursue my research. I get out of jail and go grocery > shopping. She sees me there and I'm back in jail. Out again and one > of the kids call me, or she calls me, and I make the mistake of > answering the phone. No contact order means I'm back in jail again, > only this time it is a felony charge under HB 1158. > Or it might happen to a long-haul trucker, a salesman, or a guy > on an extended fishing or hunting trip. And I hear tales of this > happening to men all the time under current law. > But now, without discernible testimony from any fathers, male > victims of domestic violence, or victims of false allegations, we are > going to make punishments even harsher, deny due process, destroy > more families, and take more fathers away from their children. > Does the new law address mutual combat among couples who fight? > Those are 50% of the cases but now we simply punish the man, destroy > the family, and leave the children without a father. That makes no > sense! > Does HB 1158 address how we might fix the problem of domestic > violence? No! Simply harsher punishments are provided and due process > denied. > Will the new law deter any act of domestic violence? Unlikely. > Will the new law further clog the courts? Absolutely. > Will HB 1158 be used to destroy families and deny fathers > access to their children? Unquestionably. > So what does HB 1158 provide for citizens? Another method for > vindictive women to flagellate some male they have taken a dislike to. > HB 1158 is bad law that solves nothing and will not prevent or > deter any vengeance-minded individual. In fact, it will almost > certainly be used for vengeance. > The issue of domestic violence deserves serious effort to find > ways to fix the problem, not the blame. > HB 1158 simply provides another tool for punishment. We already > have the largest number of men in jail of any country on earth. Will > sending more men to America's version of the gulag solve any of our > problems? > I call on our state Senators to reject HB 1158 and, instead, > seek responsible methods of solving the problem of domestic violence. > The legislature should seek input from all interested parties. > Solutions should be sought that are based on unbiased research and > not grossly distorted statistics and malicious "factoids" that have > no basis in reality. Lets fix the problem, not the blame! > Your help in contacting your state senator and expressing your > opposition to HB 1158 would be greatly appreciated. Their address can > be easily found on the home page of the Colorado General Assembly at: > http://www.state.co.us/gov_dir/stateleg.html > -- > > Charles E. Corry, Ph.D., FGSA > 455 Bear Creek Road > Colorado Springs, CO 80906-5820 > Telephone: (719) 520-1089 > (800) 874-8670 > Facsimile: (719) 328-1588 > E-mail: mailto:[EMAIL PROTECTED] > Home page: http://boulder.earthnet.net/~ccorry > Domestic Violence Against Men: http://www.dvmen.org > <A HREF="http://www.ctrl.org/">www.ctrl.org</A> DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are unwelcomed. Substance—not soap-boxing—please! 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