Sunday

"That Kid Didn't Have a Chance": Restraining Orders and the Family Court

There has been another death involving restraining orders and the family court. A 7 year old boy and his coward-ass father are dead in a murder-suicide in Greece, New York. (See this article)

I've been reviewing media articles regarding this horrific murder. Two things need to be cleared up:
Family Court had issued a permanent restraining order against the man. The order included visitation with his son on some weekdays and alternate weekends, he said.

1. Restraining orders apply to the adult party and not necessarily the minor child(ren).

Family court judges often decide custody and visitation issues with no regard to orders of protection that are in place--or, they deny orders of protection altogether. This could be because of the erroneous believe that women use restraining orders to get an advantage in a divorce--though there is no evidence to support this. See where Judge David Mazurek of the latest family court involved murder in California verbalizes this belief in court:
‘One of you is lying and I think it’s you,’ he said, pointing to [the Mother].

“I get concerned when there’s a pending child custody and visitation issue and in between that, one party or the other claims that there’s some violence in between. It raises the court’s eyebrows because based on my experience, it’s a way for one party to try to gain an advantage over the other,” he said, according to the transcripts.

“If I grant the restraining order, how do you think that’s going to help with respect to you two being able to raise Wyatt together or work together to make sure Wyatt grows up happy and healthy?” the judge asked, according to the transcripts.
These judges need to be held responsible. Judges need to rule on evidence--when it does exist. But in the case of the recent murder of Alissa Blanton in Brevard County Florida, 70 pages of evidence just wasn't enough for Judge John D. Moxley, Jr to grant her motion.

Back to the murder-suicide in Greece:
Baxter said the woman had left her husband on Jan. 25, the same day she secured a temporary order of protection against him in Monroe County Family Court for alleged threats against her life.

As part of that order, the man was prohibited from owning any guns, so police removed one shotgun from the Island Cottage Drive home at that time.

The man denied owning any others.
2. Guns don't kill people (and neither does the economy). People kill people.

Yeah, I know you've heard it before and it's rather trite. But what good is searching for one gun and expecting an abuser to admit that there are others, or admit that he can get access to others? What good is a restraining order if you are still court-ordered to make contact with the person who has been restrained from you? These judges have the opportunity to take the abuser's REAL tool away from him: PEOPLE.

An abuser will utilize anything as his weapon of choice. Family courts support abusers by allowing contact between the abuser and his tools...not the guns...the people who he chooses to hurt. Mark Resch detailed his plan about how he would enact revenge. He was in charge. He needed a tool to carry out his plan and he was allowed to use his own son. "That kid" did "have a chance" : He had a chance to be protected from abuse and/or from the opportunity to be used as a tool. The unnamed judge in this case, didn't give this 7 year old kid that chance.


See Also: Dad who murdered son during court-ordered visitation motivated by "hatred"; this is surprising? (Greece, New York)