[quote]Loose Tool wrote:
BarneyFife wrote:
When was the Clinton Crime Bill? It didn’t seem to help Mrs. Gonzales. Castle Rock v. Gonzales, 545 U.S. 748 (2005) (case decided by the Supreme Court of the United States, in which the court ruled, 7-2, that a town and its police department could not be sued for failing to enforce a restraining order, which had led to the murder of a woman’s three children by her estranged husband).
Restraining orders are civil. Orders of protection are criminal. if it was an order of protection, police can be sued. If its a civil matter, we can’t really do much.
Now I’m puzzled. We are way off topic, but since you are the OP … On the back of the Gonzales restraining order were the following words,
"WARNING: A KNOWING VIOLATION OF A RESTRAINING ORDER IS A CRIME.
. . . A VIOLATION WILL ALSO CONSTITUTE CONTEMPT OF COURT. YOU MAY BE ARRESTED WITHOUT NOTICE IF A LAW ENFORCEMENT OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT YOU HAVE KNOWINGLY VIOLATED THIS ORDER."
The preprinted text on the back of the form also included a “NOTICE TO LAW ENFORCEMENT OFFICIALS,” which read in part:
“YOU SHALL USE EVERY REASONABLE MEANS TO ENFORCE THIS RESTRAINING ORDER. YOU SHALL ARREST, OR, IF AN ARREST WOULD BE IMPRACTICAL UNDER THE CIRCUMSTANCES, SEEK A WARRANT FOR THE ARREST OF THE RESTRAINED PERSON WHEN YOU HAVE INFORMATION AMOUNTING TO PROBABLE CAUSE THAT THE RESTRAINED PERSON HAS VIOLATED OR ATTEMPTED TO VIOLATE ANY PROVISION OF THIS ORDER AND THE RESTRAINED PERSON HAS BEEN PROPERLY SERVED WITH A COPY OF THIS ORDER OR HAS RECEIVED ACTUAL NOTICE OF THE EXISTENCE OF THIS ORDER.”
So you’re saying that police are powerless to enforce a restraining order?
http://a257.g.akamaitech.net/7/257/2422/27jun20051200/www.supremecourtus.gov/opinions/04pdf/04-278.pdf[/quote]
I speak on Kansas Law only. In kansas, police powers concerning restraining orders are limited, but police powers concerning orders of protection are vast. I am sorry, I have overstretched my knowledge, and I can’t speak for the laws of other states.