Oral Arguments Heard Today;
Court Ruling Could Save or Endanger Victims' Lives
WASHINGTON, March 21 /PRNewswire/ -- The following is a statement by Mary
Lou Leary, Executive Director of the National Center for Victims of Crime:
This is an important day for victims of crime. The U.S. Supreme Court
today heard oral arguments in Castle Rock, Colorado v. Gonzales, a case that
has significant implications for millions of victims throughout the country.
The National Center for Victims of Crime filed a friend of the court brief
in support of Jessica Gonzales because we believe her fight can make an
important difference in the lives of victims of domestic violence, stalking,
and other crimes. Nothing the court does can return Jessica Gonzales's
children to her, but her courageous advocacy will greatly increase the
likelihood that no other mother has to live through the nightmare she has
experienced.
Orders of protection are not ordinary court-issued orders. They are
critical legal instruments that can mean the difference between life and death
for crime victims.
It's not an easy task to go before a court and ask for an order of
protection. In fact, 25 percent of victims suffer for more than five years
before seeking a protective order. A victim who takes this step is at the end
of her rope -- desperate to end the abuse and violence she and her children
have experienced.
We know that 60 percent of protective orders are violated within one year.
When these orders are violated, victims of crime turn to law enforcement to
protect them, and -- as Jessica Gonzales's experience shows -- lives may
depend on that protection.
A protective order signals important information to law enforcement:
first, it tells them that a judge has already determined that the offender is
a threat to the victim's safety. Second, if the offender violates the
protective order, it tells law enforcement that the victim is at significantly
heightened risk for being harmed. Finally, a violation tells law enforcement
that the offender has committed a crime and should be arrested.
Jessica Gonzales did her job: she did everything within her power to
protect herself and her children. The Castle Rock court did its job: it issued
the order of protection. By not enforcing the protective order, law
enforcement failed to do its job.
Victims of crime need to know that when a court issues a protective order,
they can rely on it -- that, if the order is violated, law enforcement will
take action and victims will be safe.
The Court faces a stark choice: it can affirm the decision of the Tenth
Circuit that Jessica Gonzales had a due process right to have her protective
order enforced, or the Court can affirm the status quo subjecting victims to a
high-stakes game of Russian roulette based on whether they live in a
jurisdiction that takes orders of protection seriously.
Thousands of law enforcement agencies across the country are committed to
enforcing protective orders because enforcement has been effective in reducing
the number of violence-related homicides. These departments rigorously
enforce these orders, not because it reduces their liability exposure, but
because it works and it is the right thing to do. We expect they will
continue to do so even if the Court finds no constitutional violation. Our
greater concern is for the victims living in jurisdictions where there is no
police enforcement. If the Supreme Court misses this opportunity to compel
police departments like the one in Castle Rock, Colorado, to exercise even the
most minimal, common sense enforcement measures, it is the victims who will
pay the price.
With a favorable Supreme Court ruling, the legacy of this case will be
that arresting violators of protective orders becomes as routine and
consistent as reading defendants their rights.
For more information about Castle Rock, Colorado v. Gonzales and
protective orders, visit http://www.ncvc.org.
Mary Lou Leary is executive director of the National Center for Victims of
Crime. She previously served as United States Attorney for the District of
Columbia and Acting Assistant Attorney General for the Office of Justice
Programs, where she oversaw the U.S. Department of Justice's Office for
Victims of Crime and the Office on Violence Against Women.
The National Center for Victims of Crime is dedicated to forging a
national commitment to help victims of crime rebuild their lives. The
National Center's toll-free Helpline, 1-800-FYI-CALL, offers supportive
counseling, practical information about crime and victimization, referrals to
local community resources, and skilled advocacy in the criminal justice and
social service systems.
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