Police: Estranged husband kills woman near shelter

[happyslug]

31. See my post above.

The problem is how do you prove BEYOND A REASONABLE DOUBT that abuse occurred? In many cases the Police are called, and BOTH parties says nothing happened. In other cases, both parties blame the other. Who is telling the truth? And, given the test for ARREST AND CONVICTION is proof beyond a REASONABLE DOUBT how do you have that when you only have two witnesses and both are blaming the other?

Thus the Protection Order was born. It solved the above problem. First, once such an Order is issued, all the Police have to prove beyond a reasonable doubt is that the Defendant knew of the Order AND that he or she was NEAR the victim. Nothing else needs to be proved, thus makes it a simple and quick arrest (the Abuser can NOT even claim the Victim asked the Abuser to see the Victim, for the Protection order is clear the abuser MUST stay away from the Victim).

Police LOVE protection orders, for once one is entered (And today that means it is on their computer in the patrol car) the Police do NOT have to see the abuser assault the victim, all the officer has to see is that the abuser is near the victim.

On the other hand, if the accusation is false (such false reports DO OCCUR) the alleged abuser just have to stay away from the alleged Victim and no criminal actions will be brought against the alleged abuser.

In cases were the issue is questionable, the Protection Orders makes it easier for Law Enforcement to protect Victims, even when they do not want protection. Thus the protection order does its job quite well.

Remember, the Protection Order is an attempt to get around the burden of proof the Police AND the victim have when it comes to any actual criminal assault. The protection order does so by shifting the burden from the victim to the abuser. Once the burden of proof has shifted, it makes the job of law enforcement easier and therefore quicker.

On the other hand, do you really want such shift of burden of proof on EVERYONE (i.e. Police can arrests anyone with no burden of proof)? Thus the two step procedure, the first step is a court ruling, based on some evidence that a victim was abused. Once that is done, any further contact is all that is needed for an arrest.