Ravenwood - 11/02/04 06:45 AM
Restraining orders, a/k/a paper protection, have never been very effective. Lets face it, if someone intends to do you harm, they aren't likely to obey a court order to stay away. But once again, the SCOTUS is set to rule on the role of government and their responsibility to protect individuals. (emphasis mine.)
The Supreme Court will decide whether local governments can be sued for failing to enforce restraining orders, using the case of a Colorado mother whose three daughters were killed by their father.The courts have said time and time again that the government has no responsibility to protect you. If you call 9-1-1 and they don't show up; too bad. If you get a restraining order and they don't enforce it; tough luck. Which is why if you are really in danger, you are much better off fending for yourself (getting a gun and learning how to use it) than relying on the powers that be.The Supreme Court handled a similar case in 1989, and ruled that public officials may not be sued when their alleged gross negligence permits a child to be abused by a parent. The 6-3 opinion was authored by Rehnquist.
The court said then that the government does not have a constitutional duty to protect people, including abused children, who are not in custody.
Category: Defending Your Life
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