The Genocide of Battered Mothers and their Children

Posts Tagged ‘restraining’

Make My Case Count! Jessica Gonzales v. USA – IACHR Final Report

In domestic law on August 27, 2011 at 2:31 am

International Commission Finds United States Denied Justice to Domestic Violence Survivor
Jessica Gonzales v. USA – IACHR Final Report http://www.aclu.org/womens-rights/jessica-gonzales-v-usa-iachr-final-report

International Commission Finds United States Denied Justice to Domestic Violence Survivor http://www.aclu.org/womens-rights/international-commission-finds-united-states-denied-justice-domestic-violence-survivor

Amplify’d from www.aclu.org

My name is Jessica Lenahan and I am a survivor of domestic violence and an advocate for battered women and children. Six years ago, I turned to the Inter-American Commission on Human Rights (IACHR), an international tribunal responsible for promoting and protecting human rights throughout the Americas, because the justice system in the United States had abandoned me. Today, IACHR issued a landmark decision in my case that found that the United States violated my human rights and those of my three children, Rebecca, Katheryn, and Leslie.

In 1999, my estranged husband, Simon Gonzales, kidnapped Rebecca, Katheryn, and Leslie in violation of a domestic violence restraining order I had obtained against him. I repeatedly contacted and pled with the Castle Rock Police in Colorado for assistance, but they refused to act. Instead, over a 10-hour period, the police responded to a fire-lane violation, looked for a lost dog and took a two-hour dinner break. Late that night, Simon arrived at the police station and opened fire. He was killed and the bodies of my three girls were found in the back of his truck. No investigation ever took place to determine the cause, time and place of my children’s death.

I sued the town of Castle Rock for failing to enforce the restraining order I held against my husband. My case went all the way to the Supreme Court, but they ruled that the enforcement of a restraining order wasn’t mandatory under Colorado law.

I felt utterly abandoned, but I wasn’t done fighting. Instead I turned to IACHR.

In a decision released today, the commission found that the U.S. is failing in its legal obligation to protect women and children from domestic violence, and makes clear that the U.S. government has a duty to protect domestic violence victims by taking steps to ensure their safety, including the enforcement of restraining orders. It also requires that the U.S. examine how it fails domestic violence victims and ensure that victims of domestic violence receive adequate protection from their abusers.

But this decision isn’t just about me.

In the United States, an estimated 1.3 million women are victims of physical assault by an intimate partner each year, and every day more than three women are killed by their intimate partners. These statistics reveal that domestic violence amounts to nothing less than an epidemic and the failure of police to enforce the law directly contributes to this epidemic. A 911 call to the police must mean something and the police can’t ignore multiple emergency calls throughout the course of the night as they did in my case.

I did everything I was supposed to do on that fateful night to protect and save my daughters. I even would have tried to rescue them myself had I known the police would do nothing to find them or to enforce my restraining order. We respect our laws because we believe they embody our government’s commitment to protecting our lives and the lives of our children. Unfortunately, I had to lose everything to realize that we are often not guaranteed basic protections from our government unless we demand them.

The IACHR decision can stimulate necessary changes in U.S. law and policy, if the U.S. government takes IACHR’s assessment of law enforcement’s failings seriously and implements its recommendations.

I hope my case will serve as an important precedent that other women can rely on when they find themselves in a similar situation where the police refuse to enforce a restraining order. I urge you to rely on it to speak out on the issue of domestic violence and to make sure that our government hears you.

You can learn more about the IACHR report, as well as my case and the process that led to my petition to the IACHR, here, here and here.

Read more at www.aclu.org

 

International human rights group takes up case of kids murdered by father; mom’s restraining order ignored by police (Castle Rock, Colorado)

In domestic law on August 18, 2011 at 9:11 pm

Those with long memories may remember this case. Dad SIMON GONZALEZ murdered his three young daughters back in 1999. The mother had already secured a restraining order against her ex-husband, but the police refused to enforce it. Daddy was later killed by the police when he fired gunshots through the police department’s window. The mother’s attempts to get justice in the U.S. have been unsuccessful. Now the Inter-American Commission on Human Rights (IACHR) has published its merits report on this case–and it is scathing.

The next IACHR Petition is the Mothers Day Petition filed May 11, 2007
http://www.stopfamilyviolence.org/info/custody-abuse/legal-documents/petition-to-inter-american-commission-on-human-rights

exhaustive investigation into systemic failures that took place related to the enforcement of Jessica Lenahan’s protection order, to reinforce through legislative measures the mandatory character of the protection orders and other precautionary measures to protect women from imminent acts of violence, and to create effective implementation mechanisms, among others.

A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for human rights in the region and acts as a consultative body to the OAS in this matter. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.

omplaints presented by Jessica Lenahan before the death of her daughters. The State also failed to investigate the circumstances of their deaths once their bodies were found. Consequently, their mother and their family live with this uncertainty, and the law enforcement officers in charge of implementing the law have not been held accountable for failing to comply with their responsibilities.



The Commission
encourages the United States to comply with the recommendations contained in the Merits Report, which include to conduct a serious, impartial and exhaustive investigation into systemic failures that took place related to the enforcement of Jessica Lenahan’s protection order, to reinforce through legislative measures the mandatory character of the protection orders and other precautionary measures to protect women from imminent acts of violence, and to create effective implementation mechanisms, among others.



A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for human rights in the region and acts as a consultative body to the OAS in this matter. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.

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The Commission established that the State did not duly investigate the com
which he was fatally wounded and killed. The deceased bodies of the three girls were found in his truck.

The restraining order was the only means available to Jessica Lenahan at the state level to protect herself and her children in a context of domestic violence, and the police did not effectively enforce it. The state apparatus was not duly organized, coordinated, and ready to protect these victims from domestic violence by adequately and effectively implementing the restraining order. These failures to protect constituted a form of discrimination in violation of the American Declaration, since they took place in a context where there has been a historical problem with the enforcement of protection orders; a problem that has disproportionately affected women since they constitute the majority of the restraining order holders.

ock Police Department during the evening of June 22, 1999 and the morning of June 23, 1999. In each of her telephone calls and discussions with the police agents, she requested efforts to locate her daughters and she informed them that she possessed a protection order against Simon Gonzales. Her contacts were met with a police response that was fragmented, uncoordinated and unprepared, and it did not respect the terms of the restraining order. That morning, Simon Gonzales drove his pick-up truck to the Castle Rock Police Department and fired shots through the window. There was an exchange of gunfire with officers from the station in the course of
Washington, DC, August 17, 2011 – The Inter-American Commission on Human Rights (IACHR) made public today its merits report on Case No. 12.626, Jessica Lenahan (formerly Jessica Gonzales), United States, related to the duties of the State to respond to situations of domestic violence with diligent protection measures.

Jessica Lenahan, a victim of domestic violence along with her daughters Leslie, Katheryn and Rebecca Gonzales, ages 7, 8 and 10, obtained a restraining order against her ex-husband from the Colorado Courts in May 21, 1999. Not knowing the whereabouts of her daughters, Jessica Lenahan had eight contacts with the Castle

IACHR PUBLISHES REPORT ON CASE JESSICA LENAHAN OF THE UNITED STATES
PRESS RELEASE

IACHR PUBLISHES REPORT ON CASE JESSICA LENAHAN OF THE UNITED STATES

Washington, DC, August 17, 2011 – The Inter-American Commission on Human Rights (IACHR) made public today its merits report on Case No. 12.626, Jessica Lenahan (formerly Jessica Gonzales), United States, related to the duties of the State to respond to situations of domestic violence with diligent protection measures.



Jessica Lenahan, a victim of domestic violence along with her daughters Leslie, Katheryn and Rebecca Gonzales, ages 7, 8 and 10, obtained a restraining order against her ex-husband from the Colorado Courts in May 21, 1999. Not knowing the whereabouts of her daughters, Jessica Lenahan had eight contacts with the Castle
Rock Police Department during the evening of June 22, 1999 and the morning of June 23, 1999. In each of her telephone calls and discussions with the police agents, she requested efforts to locate her daughters and she informed them that she possessed a protection order against Simon Gonzales. Her contacts were met with a police response that was fragmented, uncoordinated and unprepared, and it did not respect the terms of the restraining order. That morning, Simon Gonzales drove his pick-up truck to the Castle Rock Police Department and fired shots through the window. There was an exchange of gunfire with officers from the station in the course of which he was fatally wounded and killed. The deceased bodies of the three girls were found in his truck.



The restraining order was the only means available to Jessica Lenahan at the state level to protect herself and her children in a context of domestic violence, and the police did not effectively enforce it. The state apparatus was not duly organized, coordinated, and ready to protect these victims from domestic violence by adequately and effectively implementing the restraining order. These failures to protect constituted a form of discrimination in violation of the American Declaration, since they took place in a context where there has been a
historical problem with the enforcement of protection orders; a problem that has disproportionately affected women since they constitute the majority of the restraining order holders.

The Commission established that the State did not duly investigate the complaints presented by Jessica Lenahan before the death of her daughters. The State also failed to investigate the circumstances of their deaths once their bodies were found. Consequently, their mother and their family live with this uncertainty, and the law enforcement officers in charge of implementing the law have not been held accountable for failing to comply with their responsibilities.



The Commission
encourages the United States to comply with the recommendations contained in the Merits Report, which include to conduct a serious, impartial and exhaustive investigation into systemic failures that took place related to the enforcement of Jessica Lenahan’s protection order, to reinforce through legislative measures the mandatory character of the protection orders and other precautionary measures to protect women from imminent acts of violence, and to create effective implementation mechanisms, among others.



A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for human rights in the region and acts as a consultative body to the OAS in this matter. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.








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N° 92/11

Read more at dastardlydads.blogspot.com

 

Man arrested for trying to marry woman with a restraining order against him Continue reading on Examiner.com Man arrested for trying to marry woman with a restraining order against him – National Str

In domestic law on July 18, 2011 at 12:37 pm

This happened to me. My daughter was 10 months old before we were married. Hal Richardson was on probation for 95 DV conviction 8 mos prior (part of which entailed NO CONTACT w Victim).
When all other coercion did not work–He took my infant daughter from her from daycare, to the Indian reservation.

The Toepka, Kansas local authorities (and FBI) would not go get my daughter, said it was treaties or such. No one, even w restraining order, and probation requirements and conviction in hand– would get my daughter back to me.

Our captor (ex) HAL RICHARDSON said if I ever wanted to see my child again, I would marry him (in another state MO. as he was on probation in KS for crimes against myself).

Eventually after no ‘authority’ would help me, I did marry him, got my daughter back 3 days later, I left him two days after that and never went back. That was in 1995.
In 2005 I found the State and county were we were married, and had it annulled as a ‘shot gun’ marriage. (although I was by this time divorced and still in custody litigation w abuser in Kansas) it was a self principled matter by this time.

I am glad they arrested this bully. There is always some coercive control going on when women ‘go back’ or ‘marry’ the perp they have restraining order on.

Amplify’d from www.examiner.com

A Decatur, Illinois couple found out on Wednesday that the legal system doesn’t play well with couples who have filed domestic violence charges with the court system.

Billy J. Rutherford was arrested Wednesday for allegedly violating the terms of his bail while waiting outside a Macon County courtroom, moments before getting married by Associate Judge Thomas Griffith, reports Decatur Herald & Review. He was planning on marrying the same woman who had him arrested a few months back for domestic violence.

Rutherford was charged with one count of aggravated domestic battery and three counts of domestic battery back in March after he had “been beating on her (his girlfriend) all day.” On March 9th, the victim was granted an order of protection from Rutherford, which he violated two weeks later. He was arrested for violating the court order and bailed out of jail on March 27th.

According to Pantagraph.com, Rutherford wanted to be a married man when he went to court for the domestic violence charges on Monday. It also states that the couple wanted Judge Griffith because he represented them both separately when he was a private attorney

Rutherford may face charges of violation of bail bond and could face up to 364 days in jail for violating the court order. This is in addition to the other charges that are currently stacked against him.

Read more at www.examiner.com

 

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