The US Supreme Court ruled, June 27, that enforcement of a restraining order was not mandatory and that the holder of an order could not sue city police for failing to enforce it. The details of the case are horrible. Because police did not enforce a domestic violence restraining order, the estranged husband murdered a woman's three children. Was this a proper decision?
I asked my resident legal resource. Her opinion is, yes, the decision is proper and wise. Aside from the constitutional issues whether the woman had a vested property right or entitlement to mandatory enforcement (which the SCOTUS rules she did not), practical considerations are crucial in law enforcement. I thought her reason was interesting. This is how I would state the issue.
As a sad truth, a significant percentage of accusations of domestic violence, spousal abuse, and child abuse are false. The reason for false allegations is that the law gives preference not only to protecting persons (gender neutral here--a significant percentage of actual domestic violence is committed by women against men) but to custody and property for victims of domestic violence. This preference leads to frequent false accusations as a tactic in legal disputes between estranged and divorced couples.
The same thing happens when restraining orders are issued. The holder of the order will have an interest in making a false accusation to bring the police to the scene to get the police to decide the dispute on her/his side.
In other words, as we have said before in posts, some laws are framed so that they encourage false allegations of the conduct they seek to prevent. The accuser is not held responsible for false accusations. She/he obtains significant legal and practical advantages by making the false accusations. She/he has power. We see significant numbers of false allegations of sexual harassment under sexual harassment law for the same reason.
People make false allegations to get restraining orders and false allegations to obtain enforcement of restraining orders all the time, because people lie. Everyone lies sometimes. A lot of people lie often and without compunction. Some people lie all the time about everything. A true statement never passes their lips. If the Court had not ruled as it did in Castle Rock v Gonzales, many people would have a new, positive inducement to lie a lot more.
In this situation, if police had no discretion whether to enforce a restraining order, they would be unable to decline to enforce a call for enforcement they believed was false. Trying to respond to all calls for enforcement of restraining orders, law enforcement in general would break down. No police would be available to deal with other kinds of crimes or disorder. Let's look at Sprawling Suburb as a case.
In Sprawling Suburb, a city of nearly 300,000 persons, only seventeen police cars are on patrol late at night, so I recall reading.
Each year, about 5000 (est.) temporary restraining orders are issued in the family law courts alone for the city (not counting restraining orders issued by the criminal courts--perhaps another 3000). The orders have different terms, but can be for three years. On any given day or night, there are thousands of active restraining orders out in the community.
For domestic violence emergencies related to restraining orders, two police teams (vehicles and officers) are often sent to the scene. Each response might require one to two hours. The arithmetic provides only eight response teams available at any time to deal with restraining order calls. Each team might be able to manage four crises a night.
What do you think would happen if holders of those orders knew they could compel police to come to them upon their request?
What do you think would happen to other kinds of law enforcement (robbery, traffic, fire, assault, fights, gang problems, murder, crowd control, etc.) in the city if they could?
Civil order would disintegrate, as criminals and opportunists for disorder realized that no police would be available to confront them. Domestic violence, against which restraining orders are in force, would increase also, because individuals would here, too, know there would likely be no police available to respond to their provocations. The law--had the Court ruled differently in Castle Rock v Gonzales--would encourage the kind of behavior it was intended to prevent.
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