Sunday, August 10, 2003

But what kind of blogger would I be if I didn't offer a solution that would address the goals of this miserable piece of legislation while doing it in a manner that wouldn't cause as much harm?

Instead of this law victims & potential victims of domestic violence would be served better by passing a law that actually protects them.

Here are some ideas for provisions of this ideal domestic violence law:

Grant an emergency restraining order upon a compelling request.

Inquire as to whether or not the plaintiff has access to a firearm.

If the plaintiff does not have access to a firearm, or a suitable firearm, then the sheriff's office &/or the court will provide one for him/her until he/she can purchase their own.

Inform the plaintiff that if the object of the restraining order is seen on the plaintiff’s property or within X feet of the plaintiff when the plaintiff is not in an area that the defendant is known to frequent, then the plaintiff may use deadly force against the defendant on the presumption that the defendant's violation of the restraining order is indicative of his/her intentions to cause the plaintiff harm.

Inform the plaintiff that any third party who by force, including deadly force, incapacitates the defendant when the defendant is on or within X feet of the plaintiff’s residence, workplace or other real property will receive a reward of $2,000 tax free.

Inform the plaintiff that he/she is to be armed at all times & give the plaintiff a copy of the recent law (so many NC laws to re-write, so little time) that acknowledges the Right of all citizens to be armed, the manner of which notwithstanding. (In other words in my ideal NC they'd do away with shall-issue concealed carry laws in place of a law that simply states it is a Right to carry weapons for defense of self & state, even concealed weapons).

Inform the plaintiff that when they leave the courtroom they will be escorted by a deputy to either the plaintiff’s home or other place where the plaintiff has a suitable firearm or to the place where the plaintiff will be loaned a firearm by the court &/or sheriff's department. Upon acquiring said firearm the plaintiff will then proceed with the deputy to the sheriff's firing range to be instructed in the proper use of said firearm, with the ammunition provided by the sheriff &/or court unless the plaintiff wishes to provide their own.

Inform the plaintiff that any children, relatives or neighbors may accompany him/her (providing the appropriate parental permission is obtained in the case of a minor) to receive firearm instruction from the deputy.

While the deputy is taking care of the instructional needs of the plaintiff another deputy will be immediately dispatched to the defendants home with a copy of the restraining order & all provisions thereof shall be explained, including the plaintiff’s firearms training & the reward offered should the defendant violate the restraining order. The deputy will then take a picture of the defendant.

The deputy will then proceed to the plaintiff’s neighborhood drop off copies of said picture along with reward information in the mailbox of all houses adjacent to the plaintiff’s.

Arrange a hearing within ten days so the defendant may protest the continuance of the restraining order. If it is found that there were no grounds for the restraining order, then the plaintiff shall reimburse the court & the sheriff's department for their expense, as well as providing the defendant with the option of pursuing reasonable damages, not to exceed $1,000.

If the restraining order is found to have just grounds for continuance then the defendant will be detained for two hours while the plaintiff exits the court. During that time it will be re-iterated to the defendant that any contact between him/her & the plaintiff could very well result in the defendant being charged with a felony provided the defendant lives. But that the defendant in no way loses any Rights because of this action. The defendant may still possess arms, travel freely, etc... with the exception of traveling to within X feet of the plaintiff’s property or place of employment.

The court will then inform the local television stations of the restraining order so the defendants' picture may be broadcast on the 5, 6 &/or 11 o'clock news. Fliers with the defendant’s picture & reward information will be posted within 4 blocks of the plaintiff’s residence & at or near the entrance to the plaintiff’s place of employment.

Now granted, it's not a perfect idea, but it's a damn sight better than North Carolina's SB 919.

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