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Phoenix, AZ— It all began in the 1980s. I clearly remember groups of butch lesbians dressed like Hells Angels gang members demonstrating on Jefferson Street, demanding stronger domestic violence laws.
The push at the time was to create tougher court restraining orders and to punish cowardly men who physically and emotionally abused women. These same groups also sought tax-supported shelters for battered women.
Those advocating for stricter laws ultimately succeeded, but things didn’t unfold as planned. As a licensed private investigator and court process server, I found myself serving these orders on lesbians who were allegedly abusing each other.
Obtaining restraining orders that eject a person from their own home and confiscate firearms requires only a single, unsupported allegation. Although there is a hearing later, the accused doesn’t get a public defender since these cases are considered civil matters, meaning due process is minimal at best.
I also discovered that the battered women’s shelters were often staffed by aggressive lesbians who preyed on the victims/residents.
However, the most significant issue arose when orders of protection and domestic violence allegations surged, not due to actual violence, but because people embroiled in divorce and custody battles were fabricating claims to gain an advantage in court.
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Another significant issue with these restraining orders is that judges tend to sign them automatically. They do this because should something terrible were to happen after refusing to sign, they would face intense scrutiny from the media and the public. As a result, judges often feel they have no options but to approve every order.
The real tragedy is that people are being convicted, castigated, and punished for life simply based on the unsubstantiated claims of their domestic partners. It gets even worse when the accuser decides to drop the allegations they initially brought to court. Prosecutors still find ways to convict the accused, often bypassing hearsay rules and without the testimony of the alleged victims.
Two things routinely happen to innocent people. First, they are publicly branded as abusers in court records, which severely impacts their future employment, relationships and marriages. Second, an innocent person can be barred from possessing a firearm for life, no matter how dire their future circumstances may be.
What I’ve learned is that the stigma attached to these accusations is often worse than the jail time itself.
Domestic violence should be treated like any other assault or battery case. Misdemeanors should not be escalated into major crimes.
Let me be clear: I absolutely abhor spousal abuse and believe in both enforcement and punishment for those who terrorize their partners. However, we must recognize that the system is often abused, and perjury becomes a tool for some to resolve their legal issues. The rampant misuse of domestic violence laws calls for urgent reform. We also need to understand that this is a complex issue, and a one-size-fits-all approach is inadequate.
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