Call for swift action for changes to domestic violence laws and enforcement for ALL STATES. Too many women and children are dying abroad, TRO's need improvements

This petition had 321 supporters

The Issue

PETITION IS CALLING FOR CHANGES TO DOMESTIC VIOLENCE LAWS AND ENFORCEMENT IN ALL STATES TO URGE OUR GOVERNMENT TO TAKE ACTION.

We, the undersigned, call for swift action by the U.S. Congress, all State Legislatures and their constituents, government officials and all parties involved to take the following actions to protect domestic violence victims. We urge Congress to review the petition as well as cases that resulted in the demise of domestic violence victims and their children in communities abroad.

Temporary Restraining Orders (TRO) and Protective Orders does not ensure safety to victims,  CHANGES MUST OCCUR

Reform is needed in regards to Domestic Violence laws and enforcement of offenders who harass, oppress and abuse a household member, partner or spouse that includes x-partners also. We'd like to also avoid cases that tragically end in apparent murder-suicides and take a pro-active approach in seeking reform and change.

There must be change to address issues involving Domestic Violence laws and offenders with psychopathological behavior patterns that results in aggressive behavior towards victims that escalates safety concerns in communities.

Temporary Restraining Orders are not a guarantee of safety to victims, statistics will show that women who have filed TROs have still fallen victim to violence even with a TRO and are not here today to say how it had helped them. Aggressive offenders will not stop at the filing of a TRO. Repeat offenses have occurred by aggressive offenders who violate an order and raises safety concerns to victims, families and citizens abroad, even after such filings violations have occurred of such an order and or harm to victims or in some cases resulted in deaths. LAWMAKERS MUST SEE THE NEED FOR CHANGE IN ORDER TO ENSURE THE SAFETY WITHIN COMMUNITIES AND PETITIONERS OF TRO, Protective order filings.

Response time from Police on a 911 call is critical when a call is placed and every minute counts on arrival time, if an individual is dealing with someone who is erratic and violent, the success rate of no injuries or even survival of an attack is critical.

TRO's is a process however not a stamp of guarantee on a human life, at times women are ridiculed if they don't file, however officials do not understand what a woman is undergoing when they are being stalked, harassed or abused. If more "conditional terms" are included in the abuse of protection order or temporary restraining order aka: TRO, it just may decrease statistics of such acts of violence due to harsher consequences.

TO ALL THE WOMEN WHO HAVE FALLEN VICTIM AT THE HANDS OF THEIR ABUSER and CANNOT BE HERE TODAY TO BE THAT VOICE, they are not forgotten by their family and loved ones and their children, let this be the call for reform and change to policy for the sake of lives lost to Domestic Violence at the hands of their abuser and for those lives that can be saved.

Upon reading a news article on another domestic violence (murder-suicide) case, some of the suggestions raised is very insightful on the topic of prevention. Sharing the suggestions raised in the article and also added input on the first topic of discussion and the last.

IF THE FOLLOWING SUGGESTIONS ARE LAWFULLY ACCEPTABLE AND CONSTITUTIONAL, PLEASE MEDIATE FOR DECISIONS TO PRODUCE RESULTS THAT END SUCH ACTS OF VIOLENCE ACROSS THE UNITED STATES.

• Law enforcement should be allowed to search individuals under a protection from abuse order or temporary restraining order aka: TRO, as well as search their property and vehicles at any time to determine if they are violating their bail by having a firearm "WITHOUT" a warrant to ensure the safety of a victim, family member, children. Such measures should be included in the order as a conditional term of the protection from abuse order or temporary restraining order aka: TRO. The time taken to obtain a search warrant of an offender who is a flight risk or danger to others may constitute harm or loss of life to others in harms way.

• If caught with a weapon, suggestions that the violator be charged with a Class C felony with no bail possibility. Having or trying to obtain a weapon in the 90-day period after the expiration of the protection from abuse order would be a Class D misdemeanor with a minimum $5,000 fine and 90-day jail sentence.

• If the defendant comes to the complainant’s workplace or home, the defendant would face a Class D misdemeanor charge with a minimum sentence of 90 days and a fine of at least $5,000.

• If the protection from abuse order or temporary restraining order aka: TRO defendant comes into contact with the complainant and it is not accidental or it is intended to passively menace the complainant, the defendant would be sent to jail to await trial.

• If a spouse is threatened with a weapon, any divorce proceedings should be expedited and finalized within 30 days of the threat.

• No bail would be offered to anyone arrested in a domestic violence case until a criminal history check that includes outstanding charges in addition to convictions is performed and reviewed by a bail commissioner or judge.

• The minimum domestic violence arrest bail should be raised to $5,000 cash. That amount would double on the second arrest. A third arrest within six years would send the suspect to jail without bail until trial.

• In any case where there is evidence of criminal threatening, terrorizing, assault, stalking or reckless conduct under a protection from abuse order or temporary restraining order aka: TRO, the minimum bail would be $15,000.

• Bail should not be set in any situation where the domestic violence suspect is believed to be a flight risk or danger to the victim.

The attorney general should provide gun dealers with access to law enforcement firearm prohibition data. State law should also allow GPS tracking of protection from abuse order or temporary restraining order aka: TRO defendants in any case where a veiled or direct threat or a weapon might be involved.

• A minimum of two officers would respond to domestic violence calls, or three officers if the call involves individuals involved in a protection from abuse order or temporary restraining order aka: TRO.

• Arresting officers must notify domestic violence complainants of the release of defendants from jail within three minutes of the defendant’s release.

Mandate anger management/counseling as part of the order as a conditional term to get to the root of the behavior that is a danger to others AND self.

ALSO WANTED TO ADD: UNDER "NO" CIRCUMSTANCES SHOULD A JUDGE EVER ALLOW A RESPONDENT OF A TRO FILING BY A PETITIONER TO GATHER THEIR PERSONAL BELONGINGS FROM THE HOME OF A PETITIONER WITHOUT A POLICE ESCORT IF A RESPONDENT RESIDES WITH THE PETITIONER (PARTNER, SPOUSE, ETC). ENFORCEMENT WILL BE JEOPORDIZED IF SUCH DECISIONS ARE MADE IN OUR JUSTICE SYSTEM AND CREATES A SAFETY CONCERN TO VICTIMS.

Please ensure that the legal terminology of "imminent harm" described in a protective order includes the dangers although not physical harm to an individual but safety concerns to individuals with disabilities and health conditions that may result in imminent harm to individuals that the courts deem as "not" imminent harm. Aggressive and destructive behavior and actions should broaden interpretation if a persons medical condition is a threat to self resulting from a persons destructive behavior, violence, criminal property damage, etc. Such acts constitutes change to current laws to protect the disabled and medically ill individuals. It should be clearly defined if a patients medical condition may constitute safety concerns for incapacitated adults or those with disabilities we must protect all citizens to ensure their safety if a protective order is filed on behalf of an incapacitated adult, etc.

There is a need for change and reform. Please support the cause and issues raised.

Thank you kindly

Petition Updates