Fatherhood
Coalition looks to repeal 209A
Restraining Order Law
Tom Duggan - Valley
Patriot Editor
The Massachusetts Fatherhood
Coalition is trying to repeal
te states 209A restraining order
law saying that the law makes criminals
out of men who have not broken the law,
often with only the word of an
angry wife or girlfriend who has an ax to
grind, says Joe Ureneck Chairman of
the Massachusetts Fatherhood Coalition.
The coalition is gathering signatures to
have a ballot measure placed before
Massachusetts voters hoping to get a
repeal of the restraining order law
saying the entire law needs to be
completely scrapped.
Under the 209A law a woman can claim they
are in fear of a boyfriend or husband
(and with no evidence) the police have no
discretion but to issue the order
immediately placing custody of the
children in the hands of the accusing
party even if no crime has been committed
and no evidence of threats or violence
exist.
We feel the 209A law which has been
in effect for twenty years, is a big
problem for a lot of families in
Massachusetts. Its a discriminatory
law against men and it doesnt
prevent violence. It doesnt prevent
abuse. If someone is crazy a piece of
paper isnt going to stop them from
committing violence. In fact, a
restraining order will usually push
people like that over the edge since, at
that point they fee like they have
nothing to lose, Ureneck added.
The deck is stacked against men in
these cases and children are being
deprived of their fathers.
The problem is that the media only
shows one side, Says Fatherhood
Coalition member Doug George of Quincy.
The few men who are violent get all
the headlines and it gives the public the
impression that men cant be
trusted, that men need laws to stop them
from committing a crime in the future.
But its a betrayal of what our
system of justice is built on. Instead of
the police and the court system reacting
to crimes and prosecuting crimes that
have actually been committed, they are
jailing men for what they might do based
on the word of an ex-wife or an
ex-girlfriend who clearly has a
motive.
That motive, George says, is
money.
Follow the money. Theres a
cash incentive in all this for the woman
making the accusation. Theres a
cash incentive for the lawyers who profit
from it. Theres a financial motive
for the woman because, just an accusation
and the presence of a 209A restraining
order on a mans record affects who
gets custody. It determines who pays
child support. You know theres a
substantial amount of money for police
training and the courts get millions in
funding for programs associated with
restraining orders. We understand the
original intent of the law was to protect
women and families but the law is doing
the exact opposite, he charged.
Ureneck agrees. We did some
research, and we found $100M comes from
the feds to Massachusetts to fund state
agencies, the courts, the police, social
services, health services, all to support
the 209A law. Its an industry now.
On the other hand we have budget of zero.
We just want laws that are fair to
fathers and children. Did you know that
because of the way the law is written, if
a man has a 209A protection order against
him he can be arrested for unintentional
contact? That means if you happen to be
in the same place as the woman who took
out the order you go to jail.
George says he has been arrested multiple
times for bogus allegations and has won
in court every time, but, he
adds, I have spent countless
thousands in lawyers bills, and I have
spent so much time in jail, time I will
ever get back, even though I was found
not guilty, George says.
In one case he admits, I was
arrested for violating a restraining
order one day because I was in traffic
when my ex pulled up next to me. She went
the police saying I had violated the
order and they said I was technically in
violation so I spent 18 days in
jail.
And, he adds, even if
the woman who takes out the order
initiates contact, calls on the phone or
sends an email, merely responding to the
communication lands you in jail. Just
imagine. Your ex takes out a 209A and
then sends you an email or calls you and
the minute you communicate with her you
land in jail. Tell me thats a just
law? Tell me that complies with innocent
until proven guilty? In some cases the
communication doesnt even take
place but on the word of the woman, again
with no evidence, the guy goes to jail.
This is an outrage and its really
unconstitutional. The public needs to
know the details of what is going on and
how this law is destroying families.
Ureneck admits that repealing the 209A
law in Massachusetts is an uphill battle
and doesnt expect to win this time
around but educating the public about the
unfairness of the law will help them get
it repealed in the future.
We know we are not going to win,
but we are trying to get the information
into peoples minds and our long
term goal is to show people how this law
is destroying families so that some day
we can repeal the law. Let me put it this
way, he added. We have gone
to The Governors Council to raise
the issue for years. (The Governors
Council approves judges for confirmation
to the bench).
When we first went there we said
its a problem and 209A laws are
being abused and destroying families. We
have to have judges who understand this.
And when we first went to them they
looked at us like we had two heads. Now,
years later, the Governors
councilors are raising the issue on their
own before new judges are confirmed. No
issue changes overnight we know we are
not going to have an immediate affect but
the more you raise issues the better your
chances of winning the battle in the
future, in our opinion thats what
makes it worth doing.
Doug George says that the current assault
and battery laws are more than sufficient
to protect women and families from
violent domestic partners. Let the
current A&B laws be the standard.
There has to be evidence and the person
gets a trial and can defend themselves
they are not considered guilty till
proven innocent. Look, we have daughters,
we want the laws to protect them against
violence but this law doesnt do
that. This law creates broken families
and makes criminals out of men who have
not broken any laws.