on Monday 29 March 2010

by Carey Roberts





These determined women have not only succeeded in passing a gaggle of federal and state domestic violence laws, they have erected a nearly unassailable moral authority that makes it difficult to pose even the most basic questions, like are these programs working? (The answer to that question is an unequivocal â€œno,â€ but thatâ€™s not the focus of this article.)



Itâ€™s well-known that federal domestic violence laws dole out $1 billion a year for programs that often escalate partner conflict and weaken families. But what does that have to do with ignoring the Constitution?



The VAWA Mafia members are compulsive worry-warts when it comes to the boogeyman of â€œpower and control.â€ Believe it not, they are now pushing to make â€œcoercionâ€ part of the federal definition of domestic violence.



This has already happened in Rhode Island, where the state Judiciary published this handy-dandy checklist: â€œAre you concerned about your relationship?â€ and â€œDoes your partner tell you what to do?â€



Think about it, ladies: The next time you order your better half to pick up around the house or take out the trash, you are tempting the criminal justice system to swoop in and brand your forehead with the scarlet â€œAbuserâ€ label.



Not only is this an unwanted fashion accessory, it also erodes one of the central pillars of a free society, the right to speak openly, even if such speech provokes embarassment or ire. (First Amendment: â€œCongress shall make no lawâ€¦abridging the freedom of speech.â€)



Thatâ€™s just for starters.



Because once youâ€™ve been accused of â€œcoercionâ€ (no proof of said offense necessary), Johnny Law will probably come by and slap you with a restraining order. (The Third Amendment was designed to protect homes and families from unwarranted governmental intrusion.)



The order will serve to banish you from hearth and home, and even bar you from seeing your kids. Stigmatized as a â€œbatterer,â€ you may find yourself on the losing side of a custody dispute and ordered to pay child support. (Fourth Amendment: Citizens must be â€œsecure in their persons, houses, papers, and effects.â€)



Donâ€™t imagine that you can call little Sally just because it happens to be her birthday â€“ the law is quite strict about such things. In fact in many states, violating the terms of the restraining order will subject you to arrest. (More from the Fourth Amendment: There must exist â€œprobable causeâ€ before a person can be â€œseized.â€)



At some point in the process youâ€™ll get a 10-minute hearing before a judge. Except the jurist may have just come back from a VAWA-funded training seminar in which he was hectored to â€œhold abusers accountableâ€ and â€œerr on the side of safety.â€ So you may not receive the fair hearing you once thought you were entitled to. (Fifth and Fourteenth Amendments: No person shall be deprived of life, liberty, or property â€œwithout due process of law.â€)



Since you have been arrested, your case will now be processed under criminal law. By this point, you may have exhausted all your resources, so the judge will appoint an over-worked public defender. He or she will try to induce you to accept a plea bargain rather than face the vagaries and expense of a criminal trial. (Sixth Amendment was designed to frustrate â€œany attempt to employ our courts as instruments of persecution,â€ explained the the Supreme Court In re Oliver.)



By now you are fuming over being treated so shoddily and youâ€™re wondering whatever happened to Lady Justiceâ€™s blindfold? But you donâ€™t give up easily, so you return to court to demand justice.



But were you aware that the Violence Against Women Act funds a multi-million dollar program called Legal Assistance for Victims? The â€œvictimâ€ (the person who accused you of abuse) is entitled to receive free legal help.



But as the suspect of partner abuse, you will have to dig deeply to fund your defense. Knowing that fact, your accuserâ€™s crafty lawyer may engage in a succession of delaying tactics until your money runs out. (Fourteenth Amendment: No state shall â€œdeny to any person within its jurisdiction the equal protection of the laws.â€)



Each year, 2-3 million Americans are served with restraining orders, and one million are arrested on charges of domestic violence. More often than not they are men, but many women have been caught up in the domestic violence dragnet as well.



And more often than not these men and women have never committed any act that could remotely be construed as domestic â€œviolence.â€ The principles and precepts of the American Constitution are once again under attack, this time at the hand of groups that operate under the laudable faÃ§ade of curbing partner abuse. Aptly taking the name from its signature legislation â€” the Violence Against Women Act â€“ the self-proclaimed VAWA Mafia is relentlessly working to take us back to an era when persons could be accused, charged, and even convicted of a heinous act without evidence or proof.These determined women have not only succeeded in passing a gaggle of federal and state domestic violence laws, they have erected a nearly unassailable moral authority that makes it difficult to pose even the most basic questions, like are these programs working? (The answer to that question is an unequivocal â€œno,â€ but thatâ€™s not the focus of this article.)Itâ€™s well-known that federal domestic violence laws dole out $1 billion a year for programs that often escalate partner conflict and weaken families. But what does that have to do with ignoring the Constitution?The VAWA Mafia members are compulsive worry-warts when it comes to the boogeyman of â€œpower and control.â€ Believe it not, they are now pushing to make â€œcoercionâ€ part of the federal definition of domestic violence.This has already happened in Rhode Island, where the state Judiciary published this handy-dandy checklist: â€œAre you concerned about your relationship?â€ and â€œDoes your partner tell you what to do?â€ http://www.courts.state.ri.us/domesticnew/ Think about it, ladies: The next time you order your better half to pick up around the house or take out the trash, you are tempting the criminal justice system to swoop in and brand your forehead with the scarlet â€œAbuserâ€ label.Not only is this an unwanted fashion accessory, it also erodes one of the central pillars of a free society, the right to speak openly, even if such speech provokes embarassment or ire. (First Amendment: â€œCongress shall make no lawâ€¦abridging the freedom of speech.â€)Thatâ€™s just for starters.Because once youâ€™ve been accused of â€œcoercionâ€ (no proof of said offense necessary), Johnny Law will probably come by and slap you with a restraining order. (The Third Amendment was designed to protect homes and families from unwarranted governmental intrusion.)The order will serve to banish you from hearth and home, and even bar you from seeing your kids. Stigmatized as a â€œbatterer,â€ you may find yourself on the losing side of a custody dispute and ordered to pay child support. (Fourth Amendment: Citizens must be â€œsecure in their persons, houses, papers, and effects.â€)Donâ€™t imagine that you can call little Sally just because it happens to be her birthday â€“ the law is quite strict about such things. In fact in many states, violating the terms of the restraining order will subject you to arrest. (More from the Fourth Amendment: There must exist â€œprobable causeâ€ before a person can be â€œseized.â€)At some point in the process youâ€™ll get a 10-minute hearing before a judge. Except the jurist may have just come back from a VAWA-funded training seminar in which he was hectored to â€œhold abusers accountableâ€ and â€œerr on the side of safety.â€ So you may not receive the fair hearing you once thought you were entitled to. (Fifth and Fourteenth Amendments: No person shall be deprived of life, liberty, or property â€œwithout due process of law.â€)Since you have been arrested, your case will now be processed under criminal law. By this point, you may have exhausted all your resources, so the judge will appoint an over-worked public defender. He or she will try to induce you to accept a plea bargain rather than face the vagaries and expense of a criminal trial. (Sixth Amendment was designed to frustrate â€œany attempt to employ our courts as instruments of persecution,â€ explained the the Supreme Court In re Oliver.)By now you are fuming over being treated so shoddily and youâ€™re wondering whatever happened to Lady Justiceâ€™s blindfold? But you donâ€™t give up easily, so you return to court to demand justice.But were you aware that the Violence Against Women Act funds a multi-million dollar program called Legal Assistance for Victims? The â€œvictimâ€ (the person who accused you of abuse) is entitled to receive free legal help.But as the suspect of partner abuse, you will have to dig deeply to fund your defense. Knowing that fact, your accuserâ€™s crafty lawyer may engage in a succession of delaying tactics until your money runs out. (Fourteenth Amendment: No state shall â€œdeny to any person within its jurisdiction the equal protection of the laws.â€)Each year, 2-3 million Americans are served with restraining orders, and one million are arrested on charges of domestic violence. More often than not they are men, but many women have been caught up in the domestic violence dragnet as well.And more often than not these men and women have never committed any act that could remotely be construed as domestic â€œviolence.â€

