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Our politicians found a way to sidestep establishing proof beyond a reasonable doubt to punish people accused of threatening behavior. One party visits a courthouse and makes whatever accusations they wish. If that party simply alleges assault, battery, criminal damage to property or some kind of threat the judge issues an Order of Protection that can have dire consequences.
The judge can order an accused person out of his home, to surrender all lawfully owned firearms and make the accused avoid going to his or her place of employment. The accused does have a right to a future civil hearing where the burden of proof is only minimal. The courts will only error on the side of, keeping the order in place. No judge wants to be blamed should something later happen to the complainant.
When the accused is a law enforcement officer or security professional they automatically lose their ability to work if their job requires they be armed.
The Orders of Protection are un-American and the real problem is that only law-abiding people can be counted on to obey them! Criminals violate the orders and kill or injure victims with or without the orders in the normal course of events. The orders just don’t work to protect anyone at all. This well-intentioned crime prevention concept has only been a massive failure.
The place for punishment is after conviction for a crime not upon some unsupported allegation. Far too often the orders are sought for malicious reasons only. Society is no better off with the Orders of Protection than without them to curb domestic violence. Society would be far better off to rid itself of this entire vile concept.
If there exists probable cause of a crime and the suspect is deemed a danger to society judges have the ability to raise the bail beyond the suspect’s ability to gain release.
Now Fillmore District Commander, Penelope Trahanas is on the receiving end of such an order. So far they have not stripped her of her star and gun, however not to do so would give her special treatment. Trahanas’ former boyfriend, Matthew Jackson, also an officer obtained the order complaining of telephone threats. I somehow don’t think this was necessary or that the sworn and armed boyfriend can’t take care of himself without the Order of Protection.
To me it looks like Penelope and Matthew need to move on with their lives without involving the courts or their employer. We need to change the law to keep this crap out of our courts and to quit ruining lives.
3 comments:
I totally agree with the author of this post. Although both officers have a certain level of responsibility to act as role models, they too are human. Emotions (for both parties) when dealing with love and dating can become a roller coaster. I personally know both individuals and all of this is done out of spite and hurt. This should have never gone into the court system because the true criminals should occupy the court's time and efforts. Both officers have such a bright future and I truly hate the fact that their business is put out in the open like this. I pray for both of them that this too shall pass and they are able to move on successfully in their careers and to stay away from each other.
I agree moreover protection orders will make real bad guys even madder pushing them over the edge. Paper won't protect you, but a firearm will.
Side note: Dating on the job is very unwise
Though I agree with the author to an extent, to me the point is that she is supposedly a commander of police and if the allegation is true, threatened his career.
Now imagine if the shoe was on the other foot and he called her making the same threat, you know damn well he'd be stripped and dropped kicked into callback in no time.
I've seen too many female officers claim that they are equals on this job, but go running to bosses screaming and crying about harassment. I say good for this officer for getting a beef. If he were to have stayed silent regarding the matter he would've gotten screwed over by her big time at some point.
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