RADAR ALERT: Sword or Shield: Illinois Bar Journal Exposes Restraining Order Abuse

Submitted by Matt on Tue, 2007-12-04 18:43

In the November 2007 issue of the Illinois Bar Journal, Scott A. Lerner, Esq., takes a critical look at the Illinois Domestic Violence Act (DVA) in his article "Sword or Shield: Combating Orders-of-Protection Abuse in Divorce".

"There's no question that victims need protection from abusers," he writes. "But not all parties to divorce are above using OPs [orders-of-protection] not for their intended purpose but solely to gain advantage in a dissolution." And "the greatest potential for abuse of the system," in Lerner's opinion, "is in visitation."

As Lerner points out, "It is far easier to restrict visitation via an order of protection then by seeking the same relief under the IMDMA [the Illinois Marriage and Dissolution of Marriage Act]. Under the IMDMA, 'A parent not granted custody of the child is entitled to reasonable visitation rights unless the court finds, after a hearing, that visitation would endanger seriously the child's physical, mental, moral or emotional health.'"

Under the DVA, however, "the trial court in an order of protection hearing has wide discretion to restrict visitation," as "the serious-endangerment standard does not apply to the restriction of visitation under an order of protection." Lerner's opines: "This is an invitation for parents to use the DVA to circumvent the IMDMA."

Lerner's advise to defendants facing an order-of-protection-take the threat very seriously and fight it with everything you can afford-is sound, but unfortunately putting on a great defense is all for naught if the game is fixed, a possibility he only hints at ("Judges, certainly, have a responsibility to act as gatekeepers by making sure they do not grant an order of protection except to protect the petitioner or the children.... Still, abuse will happen.").

The fact that the Illinois Bar Journal is addressing order-of-protection abuse is a very positive sign. Slowly but surely the word is getting out about the potential for abuse of domestic violence laws. It's only a matter of time before legislatures take steps to reform a system out of control, and limit restraining order protection to actual victims, not those looking for leverage in a divorce.

Phyllis Schlafly provides a nice summary of the article in "Feminist Abuse of Domestic Violence Laws".

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Date of RADAR Release: December 4, 2007

R.A.D.A.R. – Respecting Accuracy in Domestic Abuse Reporting – is a non-profit, non-partisan organization of men and women working to improve the effectiveness of our nation's approach to solving domestic violence. http://www.mediaradar.org/.

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Thanks, this adds support to the library of documents I already take with me when I protest domestic violence laws.

Approximately 66% of divorces are filed for by women and approximately 80% of child custody goes to women and feminist d.v. advocates use d.v. law to give women even more advantages in divorce. I for one am sick of all the ways courts corruptly advantage women and destroy good, innocent men's lives.

Domestic Abuse Law Is A Feminist Scam

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Submitted by MR on Tue, 2007-12-04 19:48

Don't be too optimistic about gender fairness in Illinois, my state of residence. Illinois enjoys one of the most anti-male legal climates in the country, due in no small measure to our State's Attorney General, Lisa Madigan.

Ms. Madigan is an arch-radical feminist who has never met a piece of misandrist legislation that she did not endorse. She makes Hillary Clinton look like Warren Farrell.

Madigan aspires to be Illinois' next governor, which also explains why our state's legislature is gridlocked in a permanent pissing match between our current governor and Ms. Madigan's father, who just happens to be Speaker of the House and wants to use the present discord to prepare the way for his daughter's future gubernatorial campaign.

Here's just a small part of Ms. Madigan's vita, from her web site:

"The first female Attorney General of Illinois, Lisa Madigan has long advocated in state government for women’s safety.

Understanding that the painful effects of sexual assault, domestic violence and other forms of violence against women impact every person in Illinois, Attorney General Madigan and her office offer numerous programs and services aimed at protecting the rights and well-being of women. These programs and services include:

* Grant funding through the Violent Crime Victims Assistance Act to help victims of violent crime recover and rebuild their lives;
* Trainings and seminars to provide law enforcement and first responders with better tools to prevent and solve crimes against women, prosecute domestic abusers and sex offenders, and help victims cope with the trauma of violent crime; and
* A comprehensive directory to make services more readily available to women in need."

Interesting that among "all the people impacted by DV" there is not a single male to be found.

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Submitted by Roy on Tue, 2007-12-04 20:42

"Don't be too optimistic about gender fairness in Illinois..."

Understood.

It is in fact telling, that some of the best apologists for men's issues come from states where some of the most onerous male-bashing is going on.

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Submitted by MR on Tue, 2007-12-04 23:24

Restraining orders should be eliminated. Too many innocent men are getting screwed.

FEMINISM-- Fuck Every Male Idiocy Now Is Socially Mandated

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Submitted by Sosickoftheirlies on Wed, 2007-12-05 00:54