Hey Jim: How were your holidays? Rod ______________________________________________ Roderick D. Hetzel, Ph.D. Assistant Professor of Psychology LeTourneau University President-Elect, Division 51 American Psychological Association Department of Psychology LeTourneau University Post Office Box 7001 2100 South Mobberly Avenue Longview, Texas 75607-7001 Office: Heath-Hardwick Hall 115 Phone: 903-233-3312 Fax: 903-233-3246 Email: [EMAIL PROTECTED] Homepage: http://www.letu.edu/people/rodhetzel
> -----Original Message----- > From: James Guinee [mailto:[EMAIL PROTECTED]] > Sent: Monday, January 07, 2002 8:37 AM > To: Teaching in the Psychological Sciences > Subject: Judge roils wife abuse arena > > > Hello, > > For those of you who teach/cover the subject of domestic > violence, this article may interest you. > > A clear case of blaming the victim? > > JPG > > Judge's Ruling Roils Arena of Wife Abuse > > January 6, 2002 - - NY Times > By FRANCIS X. CLINES > > LEXINGTON, Ky., Jan. 4 - The violent arena of domestic > abuse litigation has grown a bit more volatile here, now > that a judge has decided to hold two women in contempt of > court for returning to men accused as their batterers after > obtaining emergency orders of protection against them. > > "You can't have it both ways," ruled Judge Megan Lake > Thornton of Fayette District Court in levying fines of $100 > and $200 in recent weeks against the two women who obtained > protection orders but admitted they later relented and returned. > > "It drives me nuts when people just decide to do whatever > they want," said Judge Thornton, who is experienced in the > state's thick domestic abuse docket, which produces close to > 30,000 emergency orders of protection a year. State officials > describe what they say is a virtual epidemic of abusive > relationships in the state. > > Judge Thornton's ruling has alarmed advocates for battered > women, who plan to appeal it. The advocates say that the > finding goes beyond existing law and is unrealistic because > some renewed contacts often prove unavoidable in domestic > abuse cases, which involve economic and family dependencies > and other complications of daily living. > > The state office on domestic violence has pointedly agreed, > warning that the ruling could cause abused women to hesitate > in bringing their plight before the courts for fear of being > chastised for their trouble. > > "The reality is it's easy to say they should never have > contact," said Sherry Currens, executive director of the > Kentucky Domestic Violence Association, an advocacy and legal > protection group. "But we're talking about people in > long-term relationships. They may have children in common. > It's pretty hard to say, `Never speak again.' People have > financial difficulties. They may love the partner. It's not > an easy thing." > > But Judge Thornton declared in court, "When these orders > are entered, you don't just do whatever you damn well > please and ignore them." > > The ruling stunned Cindra Walker, the lawyer for the two > women, who is with Central Kentucky Legal Services, which > represents many of the thousands of indigent women in the > state caught in abusive relationships. > > "For over five years, I've been in court practically every > day on these abuse cases, and I've never before had a > victim threatened with contempt," Ms. Walker said. > > "The domestic violence law is a tool for victims to use to > be safe," not a device to punish them, she said. > > Judge Thornton's office said she could not comment on the > pending cases under judicial rules. But her two rulings made > clear that she expected the original protection orders > against all contact to apply equally to the person suspected > of abuse and the abused. > > "They are orders of the court," the judge declared, > according to court transcripts obtained by The Lexington > Herald-Leader. "People are ordered to follow them, and I > don't care which side you're on." > > Carol Jordan, the director of the Governor's Office of > Child Abuse and Domestic Violence, said she disagreed with > Judge Thornton's ruling even as she sympathized with the > professionals who must try to oversee violent domestic situations. > > "These are tough cases for judges," Ms. Jordan said. "They > are dealing with complex human emotions. They are dealing > with danger." > > But if the ruling stands, Ms. Jordan warned, some abused > women will conclude that they will not be treated fairly if > they ever gain the courage to seek refuge in the courts. This > sort of ruling "absolutely increases abused women's level of > risk" by seemingly encouraging their abusers, Ms. Jordan said. > > In Kentucky, as in much of the rest of the nation, abuse > victims have increasingly turned to the courts in as > protection orders have become more accepted, said Billie Lee > Dunford-Jackson, assistant director of family violence law > and policy for the National Council of Juvenile and Family > Court Judges. > > Most judges, but not all, "have been making clear to the > batterers that the issue is between the state courts and > them," Ms. Dunford- Jackson said, rather than a domestic > issue between two parties. A "sizable minority" of judges may > still equate the conflicting parties in their rulings, she > estimated, but newer state laws have increasingly put the > focus on violent abuse as the main problem requiring state protection. > > Ms. Walker's two clients, Jamie Harrison and Robin Hull, > declined to be interviewed. "Our big concern now is the > chilling effect this will have," said Ms. Walker, one of two > legal service lawyers handling hundreds of abuse cases in 17 counties. > > The Kentucky Legislature considered a proposal two years > ago that would have specified that the orders of protection > applied equally to the person accused of abuse as well as the > victim, Ms. Jordan noted. But it never passed. > > The notion of mutual protection equating the two parties is > not now part of state law, Ms. Jordan emphasized. She > contended that Judge Thornton's ruling, if extended in that > direction, would "establish a barrier that stops abused women > from seeking protection of the courts." > > > --- > You are currently subscribed to tips as: [EMAIL PROTECTED] > To unsubscribe send a blank email to > [EMAIL PROTECTED] > --- You are currently subscribed to tips as: [EMAIL PROTECTED] To unsubscribe send a blank email to [EMAIL PROTECTED]
