November 5, 2009



Requiring Actual Proof Of Guilt

Men accused of domestic violence can have their children and more taken away from them upon mere accusation -- with no evidence required. The Connecticut Supreme Court just changed this -- and other states should follow...and it's just amazing that this even needs to be said.

Christian Nolan writes for Connecticut Law Tribune that a Stamford man lost his freedom and the right to visit his kids after he was arrested two years ago for allegedly throwing his wife down the stairs and kicking her in the head, supposedly in front of their two toddlers:

But the defendant, Fernando A., whose full name is not released in court records, said the two were divorcing and his wife fabricated the attack story to gain leverage in family court proceedings. Fernando A., however, never got a chance after his arraignment to object to the order of protection issued against him that prevented him from seeing his children. His lawyer, Steven D. Ecker, of Hartford's Cowdery, Ecker & Murphy, asked for an evidentiary hearing after the arraignment, but Superior Court Judge James Bingham denied the request. Ecker challenged the denial up to the state Supreme Court. In an opinion to be officially released this week, a divided court ruled that a defendant must be granted an evidentiary hearing at which the state must prove, by the civil standard of a preponderance of evidence, that the order of protection is a continued necessity. "All we were asking for is a hearing within a reasonable time after someone is kicked out of their home and prohibited from any contact with their children," said Ecker. "It seems appropriate a court would permit a hearing to consider both sides of the story. That doesn't seem particularly controversial." There are about 19,000 protective orders currently in place in Connecticut. And in a year when domestic violence cases have repeatedly made headlines in the state, it's no surprise that the Fernando A. appeal drew interest from various advocacy groups, including the Connecticut Coalition Against Domestic Violence and the American Civil Liberties Union of Connecticut. "Victims should be protected," said Anne C. Dranginis, of Hartford's Rome McGuigan. "In many of these cases, victims have suffered trauma or fear and are trying to calm down children."

What about when the accusee becomes the victim? Loses everything that matters to him, on the sheer weight of he said/she said?

Domestic abusers, whether they're men or women, should be punished. But, let's join modern legal times, and stop the Salem Witch Trial approach...countrywide.

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