VAWA Renewal Provides Opportunity to Stop
Destruction of Innocent Cops' Careers
Shot in the line of duty. Twice awarded the Medal of Honor. Named
Essex County, New Jersey Police Officer of the Year. A highly decorated
officer with an impeccable record. For 22 years police officer Eric
Washington battled criminals on the streets of East Orange, New Jersey.
On January 21, 2001 Washington was ambushed and brought down--not by an
ex-convict bent on revenge or a shadowy gunman, but instead by a false
accusation of domestic violence.
Under the Violence Against Women Act of 1994 individuals, including
police officers and armed forces personnel, are prohibited from
possessing a firearm if they are subject to a restraining order issued
at the behest of a spouse or an intimate partner. The 1996 Domestic
Violence Offender Gun Ban expanded this prohibition to bar officers and
service personnel from carrying weapons as part of their jobs. As a
result, most police officers who are hit with restraining orders lose
their careers.
Were restraining orders issued as a result of a reasonable proof of
guilt, the two laws might make sense. However, according to Elaine
Epstein, former president of the Massachusetts Women's Bar Association,
restraining orders are doled out "like candy" to "virtually all who
apply," and that "in virtually all cases, no notice, meaningful hearing,
or impartial weighing of evidence is to be had."
A study conducted by Massachusetts courts revealed that the majority
of restraining orders did not even involve an allegation of violence.
According to family law attorney Lisa Scott of Seattle, Washington, "the
woman saying she 'feels afraid" of her husband is usually enough. Men
have no way to defend themselves against these accusations. Most judges
grant restraining orders to any woman who applies for one, and often do
so in an assembly-line fashion."
Thus unless the accused can get the order undone at a later
hearing--no easy feat in today's climate--any police officer's or
serviceman's career is one flimsy accusation away from destruction. In
some states, officers forfeit their right to possess weapons (and
consequently lose their jobs) by the mere fact that a woman has made a
police report of domestic violence.
For fathers, the destruction is often double. Since restraining
orders are frequently utilized in divorce and child custody battles,
falsely accused officers often have their careers destroyed at the very
moment they are slapped with stiff child and spousal support
obligations, as well as divorce-related legal costs.
Beyond the grave injustices visited upon many innocent men, the
current law may also have a negative long-term effect on police and
military recruitment, both of which are already in troubling decline.
Why should a man risk his safety and devote his life to a career that
can be taken away from him at any moment by a flimsy allegation?
Washington's career survived because his department had the resources
to provide him with a desk job while he waged his long and ultimately
successful legal fight to clear himself. Most officers aren't so
fortunate.
Former Torrance, California police officer John Brumbaugh recently
won a seven-year legal battle after an ex-girlfriend falsely accused him
of battery. Though Brumbaugh's conviction was overturned and his name
finally cleared, the false charges cost him his career as a police
officer and several hundred thousand dollars in legal expenses and lost
wages and benefits.
The Violence Against Women Act expires in September and legislation
to renew it for five years was recently introduced by Senators Joseph
Biden (D-DE), Orrin Hatch (R-UT), and Arlen Specter (R-PA). In hearings
beginning on July 19, the Senate Judiciary Committee will consider
various amendments to include in the law's reauthorization.
The Committee should repeal the Domestic Violence Offender Gun Ban,
and provide that men with restraining orders against them can still
possess department-issued firearms for the purposes of their employment.
The principle of ensuring that police officers are of solid character
is a good one. What is lacking in current law is a reasonable standard
for punitive action. The findings of police department investigations
and criminal convictions are reasonable standards. The issuance of
restraining orders is not.
Glenn Sacks
_________________________________________________________________________________________
This column was first published in the Ft. Worth Star-Telegram
(7/19/05).
Glenn Sacks is a men's and fathers' issues columnist and a
nationally-syndicated radio talk show host. His columns have
appeared in dozens of America's largest newspapers. Glenn can be reached
via his website at
www.GlennSacks.com or via email at
Glenn@GlennSacks.com.
The Best
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