OVW IGNORES AND HIDES THE TRUTH
ABOUT CIVIL PROTECTION ORDERS
By Robert G. Leclair
In Politics Hypocrisy Deceit and Lying Never Cease
OVW's dilemma to criminalize or decriminalize civil protection/restraining orders has been going on for years without resolution. OVW desperately wanted to
maintain the civil protection orders process rather than revert to the prior 1979 criminal process that was handled in criminal courts where due process,
evidentiary hearings and innocent until proven guilty were standard elements. The reason became obvious, the need for civil restraining orders that would bypass
due process, allow judges to grant them without question and avoid a criminal process. And, in the process treat the domestic violence allegations as criminal acts
while imposing stringent penalties on the defendant.
In order to achieve this dichotomous feat or ridiculous request, OVW again reached into the bottomless pool of taxpayer dollars and awarded a grant to the
National Council of Juvenile and Family Court Judges Family Violence Department (a nonprofit organization) in 2010 to produce a "Guide for Improving Practice
for Civil Protection Orders" for wide distribution to professionals and the judicial system. NCJFCJ was the same organization that helped OVW develop an agenda
in 1998 that proved to be a harbinger for all future and fatal endeavors in the field of domestic violence and divorce.
Thousands of copies of the guide were distributed to judges, advocates, law enforcement officers, prosecutors and attorneys in this country and abroad and
hundreds of training sessions were implemented to educate professionals about the appropriate issuance and enforcement of Civil Protection Orders. What a
great promotional idea sponsored by our tax dollars! The Guide to Civil Protection Orders was presumably OVW's instrument to allow judges the ability to grant
restraining orders based only on allegations of domestic violence, bypassing criminal due process entirely.
Should this new strategic approach be called “influence peddling”? You guessed right if the answer is yes…this process was adopted hook line and sinker by the
judiciary and it remains the standard operating procedure in all restraining order courts in the country. OVW’s grant funding for studies, outright grants to an ever
increasing number of nonprofits spreading its ideology and policies, and direct funding to court advocates, professionals, police and judges plus a yearly budget
of 1.5 billion dollars buys a lot of support. Money talks and a failed ideology becomes a reality.
Look at it this Way
OVW implemented its agenda and approach to fight and eradicate domestic violence and abuse to women based on a radical feminist ideology. The approach
was not only supported but touted by President Clinton and First Lady Hilary Clinton. Also, remember the Democrats and Republicans were complicit in approving
VAWA in 1994 even though the latter voiced minor opposition at first.
How can Hillary Clinton say “call allegations of domestic violence what it is...a crime” when as a lawyer she knows that the judicial civil protection order process
remains flawed and grants them on a “better safe than sorry” approach to all women filing for a restrain order? This would be beyond comprehension if it were not
for the motivation of most politicians.
Like all other nonprofit organizations associated with VAWA/OVW, the National Council of Juvenile and Family Court Judges Family Violence Department (NCJFCJ)
is a nonprofit that espouses and promotes VAWA's ideology and principles. NCJFCJ receives numerous grants from the federal government (OVW and others) as
well as from private foundations and organizations. NCJF'CJ's financials show just how much is spent on violence against women.
The criticisms in my book are aimed at the radical feminist ideology that served as the basis for VAWA/OVW's approach to combat violence against women and to
reveal why the approach is not working and why it ultimately fails to protect women against violence and abuse. The goal of protecting women against violence is
achievable and beyond dispute; however, the present policies and procedures adopted by OVW and the judicial system need drastic and specific reform. The
vast majority of paid workers and volunteers working in these nonprofit organizations are honest and dedicated people and should not be blamed for the failed
approach of an ideology doomed to failure. The blame lies mainly with the more radical feminist leaders who hijacked VAWA and implemented their radical
Take a look at the Guide to Civil Protection Orders published by NCJFCJ. It is a well written document full of valuable information on domestic violence. It was
approved by judges, lawyers and a special committee of highly knowledgeable people as well as by OVW.
So, why can I say with certainty that the Guide:
1. Is a masterpiece of rhetoric wasted on a flawed court process
2. Is a house of cards with no substantive foundation
3. Is a perception of what should be rather than what it is in reality
And, the reason is...the guide lacks the basic ingredients that would make it useful and credible: Due Process, Rules of Evidence and Innocent until Found Guilty
Standard for all allegations of domestic violence crimes.
Troubling Unintended Consequence?
Until the Civil Protection Order court process is revamped, NCJFCJ's Guide could lead to unintended emotional and financial trouble for both the plaintiff and
defendant. The inherent danger is the fact that 80% of the protection/restraining orders are filed by and granted to women and the guide has been widely
distributed to judges, lawyers, advocates and to all involved with domestic violence prior to implementation of needed and specific reform. The major problem
concerns the court's handling of false allegations and perception of violence not based on reality that frequently occur when the allegation of domestic violence is
filed. Throw in all the “he said/she said” cases that judges have trouble with in determining the truth, the guide can then lead to emotional and financial problems
for everybody. There is a definite probability that an innocent person may be punished or the real perpetrator may get away with murder.
Innocent defendants have a difficult if not impossible task to defend against the allegations when faced with opposing lawyers and women's advocates and judges
who have no tools to determine the truth. The guide tends to introduce many elements that exacerbate arguments and controversy. And, everybody knows that
lawyer fees increase as the case becomes more and more adversarial.
Fact and Not a Myth
Divorce has always been considered big business and the only significant law reform were changes that enhanced the business culture such as no fault divorce
and alimony laws. No changes were ever attempted to ease the trauma to children by establishing "shared custody" as the norm rather than the exception. Now it
seems like domestic violence will not play second fiddle to the divorce culture and will seek its top place in big business.
OVW's radical approach and strategy has succeeded in linking and making domestic violence part of the divorce process. Once again divorce will become the top
gun of big business. And, the losers will be: family, family values, children and those suffering from the human tragedy of PTSD...Post Traumatic Stress of Divorce.
VAWA/OVW's failed approach, its exclusionary philosophy and the thousands of spawned nonprofit organizations espousing and supporting their ill-fated ideology
are the major reasons why the war on stopping the violence against women has failed, women are duped by a false sense of security and millions of children are
traumatized, exploited and trapped in a fatherless society.