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Restraining order requests more than double in 5 years

Note from ANCPR:

Domestic Violence laws trump all preferences in any state's laws governing awarding of joint custody. This article shows without any doubt that the process is subject to unconscionable abuse.

If we are ever to see justice in Family Court, we must demand that standard rules of evidence and proof hold for all allegations of abuse, especially when made in the course of divorce and custody hearings. We must also demand that criminal penalties be applied to those who commit perjury.  There should be a presumption that custody should not be awarded to individuals who have been found to have made false or flimsy allegations of abuse in order to gain sole custody of their children.  CLICK HERE for an amazing and eye-opening article on this subject by Cathy Young.

Title:  Restraining order requests more than double in 5 years       
Source:  The Herald Rock Hill, SC
Date:  02/02/1998
Citation Information:  Final; Issue: PSA-2025; State Section
Author(s):  The Associated Press
Document Type:  Article
Summary:     GREENVILLE, S.C. (AP) - The number of requests for emergency restraining orders has more than doubled in the last five years, and some law officials wonder if the protective orders aren't being misused. ''Not only are they not emergencies, they're not domestic abuse. A lot of times it's just people yah-yahing about various things,'' said Family Court Judge R. Kinard Johnson. ''It's just two people who are physically aggressive with each other. They really don't need to bring an action under that law.''

Restraining order requests more than double in 5 years

GREENVILLE, S.C. (AP) - The number of requests for emergency restraining orders has more than doubled in the last five years, and some law officials wonder if the protective orders aren't being misused. ''Not only are they not emergencies, they're not domestic abuse. A lot of times it's just people yah-yahing about various things,'' said Family Court Judge R. Kinard Johnson. ''It's just two people who are physically aggressive with each other. They really don't need to bring an action under that law.''

Johnson said some lawyers are using the order hearings in place of pretrial divorce hearings in attempts to get the judge to decide issues such as temporary child custody, child support and alimony.

According to court records, the number of protective orders requested jumped from 263 in 1992 to 664 last year. About nine out of 10 of those are made by women.

''It's being abused by women, not only for obtaining orders of protection against domestic violence but also for bringing criminal charges against men,'' said Efia Nwangaza, a Greenville Family Court lawyer who lobbied the Legislature for the orders.

''I am particularly perturbed toward women who use it as mechanisms for control, revenge and manipulation,'' she said.

South Carolina allows a person to request a restraining order in Family Court if the person has been abused or threatened by a spouse, former spouse, household member, relative or parent.

The requests are given emergency status and the two parties appear before a judge without lawyers. The order, which can include custody or money decisions, can last up to one year.

''It's the quickest way to get in the court for anything,'' said Robin Beckham, the victim witness advocate who runs Greenville's protective order program. ''Some attorneys, not all, use it as a way to get around having their temporary (pretrial) hearing.''

Beckham said she is frustrated with people who are not in a crisis situation but use the process anyway.

''We've got people who have a spat, and they'll come and file, and the very next day they call and say, 'I want to dismiss it,''' she said.

While she tries to screen applicant, Beckham said she does not deny a person's right to file. ''We'd much rather be safe than sorry,'' she said.

''People who come down whose cases are not that serious still need help and intervention,'' said Family Court Judge Amy Sutherland. ''Potentially, it could get a lot worse.''

Yet, Sutherland said she sees cases that allege domestic violence but are really about getting custody of the children or the home before divorce papers are filed.