CrimLaw

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Woman gets protective order against ex-husband. Woman invites ex over for child's birthday party. Woman and ex get drunk and she "kick[ed] his butt." Both he and she are convicted of violating the protection order.

The Ohio Supreme Court is now considering whether her conviction is valid.

The article contains a lot of whining, by various groups, about how this conviction could be a terrible blow to protective orders and women in general. Buried deep in the article is the one quote I want to focus on:

"Mr. Fallon added that making women immune from such prosecutions could allow them to entrap their former partners by inviting them over and then calling the police.

"I've seen it abused," he said."

This has got to be the understatement of the century. Let me say from the beginning that I know that a good number of protective orders serve a valid purpose. I'm just not sure that the majority of them do; this has got to be one of the most scam ridden parts of the law. In nasty divorces/custody fights they are taken out as bargaining chips either to be negotiated away or used as proof to the judge that the husband is truly dangerous. In a lot of other cases they are taken out by women who have no intention of living separate from the man. In these cases there is usually a valid reason for the order (although often it's a mutually combative relationship - like the one in the article - where the woman has just come out on the losing end the day she filed the order). Still, what's going on is that the woman is manipulating the system to her advantage. She just wants to make sure she's got THE BOMB hanging over his head so that she can make him behave in the manner she wants him to or that the next time they both get drunk and she hits him in the head with a full can of beer he can't hit her back.

I think the lower Ohio courts have gotten it right - the ex should have been found guilty - he is just as responsible for this as she is - but she should not be let off the hook. Hold both sides responsible and this type of order will be subject to much less abuse.

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