Hold both parties accountable in court order breaches

36

Let’s get to 50 signatures!
Petitions with 1,000+ supporters are 5x more likely to win!

The Issue

In our legal system, the enforcement of court orders is crucial to maintaining order and ensuring justice. However, there is a glaring imbalance in accountability when it comes to breaches of these orders. Many individuals are currently serving sentences or are awaiting sentencing not for intentional disobedience, but because of circumstances created by both parties involved in the order. This is not just about statistical anomalies; it is about real people, families, and lives.

Consider this: A person under a court order decides to respect the boundaries set by law. Then, invited back into the family home or relationship by the other party involved, they find themselves in breach of that order. The moment they cross the threshold, they trigger a legal issue that results in serious consequences—often jail time or criminal records. But only one party, the one who returned, is held accountable.

This is a recurring problem affecting countless families throughout our community. According to recent findings, there are a significant number of cases where breaches were not an act of defiance, but a response to an invitation into a familial environment. By allowing this loophole to persist, we are criminalizing individuals who are acting in good faith.

The law needs to be fair and just, which includes reforms where both parties involved in a breach are held accountable if their actions or agreement led to the breach. Holding both parties responsible will ensure a more equitable legal protocol and encourage all involved to adhere strictly to the court's intentions. Further, it can significantly reduce wrongful convictions, relieve prison populations, and prevent unnecessary strain on social services.

We propose that legislative measures be introduced to examine the context of each court order breach case more carefully, providing judges the discretion to assess the roles of both parties before issuing sentences. Moreover, education and legal support for those under court orders should be enhanced to ensure they understand the ramifications and options available to them.

We urge lawmakers to amend existing laws to reflect a more balanced judicial approach, safeguarding the principles of justice for every individual affected by these statutes.

Please sign this petition to bring about necessary change in our legal system. Together, we can make a difference and ensure fair treatment for all parties involved.

The Decision Makers

United States Judicial Conference
American Burn Association

Petition Updates