Order of Protection Violated 3 times?

[Clipper]

www.uticaod.com/latestnews/x447613193/Police-N-Utica-man-violates-order-of-protection-3-times

When does this guy go to jail? After he harms her or kills her? Orders of protection are issued for a reason, and violations should be treated with serious consequences. If the order was justifiable to begin with, the poor woman should not have to be looking over her shoulder for the stubborn scumbag that doesn't know how to take a court order seriously.

How is it that the concept of "protection" seems lost in so many of these cases, until the one the order is in place to protect, is hurt or killed? The same problem is found here. It seems every day in the paper, there is someone arrested for violating such an order, and they are released on bond or bail for a later court appearance.

Seems that the first violation should be treated with a penalty that gets the attention of the violator. Second should be some serious jail time, and if there IS a third violation, the perp should be put away long enough to make it very evident to him, that the court is not going to tolerate his ignorance and contempt.

[firstamendment]

I've said this before, an order of protection is simply a piece of paper, just like laws are. There are those who will respect it and others who just don't care and will do whatever they will do. At some point though, continually violating an order of protection should net someone real jail time. Unfortunately though, as history has shown us, it may very well take until someone is harmed or killed before any real action is taken.

If you need proof that laws don't protect people, simply visit your local jail or prison.

[bobbbiez]

Very simple....our court system sucks!!!!!

Too many committing crimes and being constant offenders are handled with kid-gloves until they do something that can't be ignored. It's not just the laws that have to be changed it's the leniency of the judges also. Seen it happen too many times where someone dangerous is back out on the streets because the judge refused to give the maximum sentence he could have imposed. That is where the system has to change.

[Swimmy]

The problem is that the cops don't like doing their jobs! In New York State, the statute requires a mandatory arrest where someone violates an order of protection. If you're connected politically or with the police, not even a report is taken. Otherwise, they will ask the victim if they want to press charges. If the victim chooses not to press charges, then the cops make the victim sign a "waiver of prosecution" slip and move on. Mind you, the statute was amended to cut this practice out! When there is the allegation of an alleged violation, the law requires an arrest for contempt 2d, a misdemeanor. But I've seen so many cases where the police put in their flimsy reports, "I asked CO (complainant) if she wished to press charges, she said no." So, to hell with the law, I guess. Or, the cops assist in the violation of an order of protection. I have a client who has a stay away order against him. After I told him it meant staying away from the house and to let me work it out with his wife's attorney, my client got a police escort to the house to try and take back his belongings. He should have been arrested. There is another case that I am law guardian on. Three times, during the pendancy of an order of protection, police were called to a scene where the victim was convulsing on the floor and the abuser standing over them. The victim was transported to a hospital and advised to go to family court, while the abuser was left alone. It did not matter that the victim had a stay away order of protection against the abuser. Then there is this other case where the mother got an order of protection against the father. Then she called him and asked him to come over and help put their children to bed. He showed up, the idiot he is, and she called the cops. Not only did he not get arrested, but she should have been charged with aiding and abetting, conspiracy, and a litany of other charges for her hand in his mandatory but phantom arrest.

Kinda hard for a judge to throw the book at the criminal when the cops can't be bothered to enforce the actual law and charge the bastard in the first instance, as the law mandates.

[Swimmy]

It is easy to focus at one part of the system, but ignore the rest. The whole justice system needs a revamping, not just the liberal judges who give defendants all the leniency in the world, but the cops who choose to ignore their duties and sworn oaths. DSS is just as guilty. So are the DAs who willingly allow for an order of protection to be modified without consulting the victim or giving the victim an opportunity to be heard! There is one case I have where the defendant is well connected locally and told the da and the judge (village justice of the peace), the abuser's friend, to modify the stay away, no contact order of protection. My client found out the day he was back in the house and she called the cops only to then be served with the modified order of protection. Of course, later that night, he again tried to strangle her and was throw back out of the house. Rather than another charge of contempt second, it took a family offense in family court to get a stay away order of protection back in place. So the whole system needs to be re-tooled to get rid of these loopholes.

[Clipper]

Sad and disgusting Swimmy, but very informative. Thanks for the input. The law and the court system DO definitely need overhauling. I don't remember, was there a protection order in place when the Utica cop killed his wife and then himself on Cosby Manor Rd a while back?

[Swimmy]

The one who Labella allowed to be suspended with pay? I believe so, but I cannot remember for certain.

[Clipper]

That is the one. That was a very sad case and an innocent woman was killed by a man emotionally distraught by divorce proceedings. Now there are two kids without either parent, and the horrible memories of the day they died.

[Disgusted-Daily]

Maybe if the State should make these offenses along with Domestic Violence mandatory jail time like other states currently do. This would make the Officer do his job and comfortably pass the blame for the arrest on the State.

I believe allot of our laws are outdated and don't apply to the modern day crimes. These laws need to be periodically reviewed and revised as needed.

[firstamendment]

Joseph Longo you are referring to. That is a sad case that shows how desperately the system needs an overhaul in regards to safety. She reported to the UPD his behaviors before she even obtained a refrain order from what I recall. A refrain order is slightly different than an order of protection. Swimmy probably knows the differences. Unlike an order of protection, a person subject to a refrain order can still be anywhere near the other person but has to "refrain" from bothering them, something of that nature.

The Longo case showed how being connected with law enforcement showed a different standard when dealing with it by not dealing with it at all. The arguement has been set forth by many that would anyone else's employer take action against an employee who was having domestic issues like this? But what they do not realize is, first and foremost, the police have an obligation to protect the public and this woman did not feel safe. If anything, the UPD had an obligation to take action in the very least in terms of him without regard to him being a police officer at all. The complaint was there no matter what. The fact that he was also employed by the UPD is moot, a domestic issue was there no matter who he worked for. But because he was employed by the UPD, it was imperative they should have had him psychologically evaluated to assess his ability to conduct himself as a police officer. From all that was made public, the wife did not want any serious consequences to him in terms of his career as a police officer, which is noble to say the least. Even yet, the UPD had an obligation to take her concerns seriously and take action. They did not, they both died. Perhaps nobody could have predicted it would happen nor anyone could have stopped it if he were so bent on ending it, but to take no action, or very little and nobody can ever wash their hands and say they did all the could.

And nearly as tragic, the City of Utica taxpayers will end up footing the bill for the legal counsel for the City, Roefaro and La Bella, plus any setttlement or judgement against the City. If there is any justice to be had here, the judgements will be levied against Roefaro and La Bella exclusively.

Another case that also hit the news last year was the one with Adam Theall, who shot and killed his infant son in front of Troopers. I believe he also had a standing Order of Protection against him at the time of that heinous act. If only the Troopers on scene were better shots....

[Disgusted-Daily]

I was just speaking in general although the Longo incident is a perfect example that ended tragically. With stricter state laws that mandated an arrest might possibly have saved a life.

[firstamendment]

May 14, 2011 17:29:32 GMT -5 Disgusted-Daily said:

I was just speaking in general although the Longo incident is a perfect example that ended tragically. With stricter state laws that mandated an arrest might possibly have saved a life.

Some kind of action on the part of the UPD would have been better than what they did or did not do. And I hate to see the City taxpayers foot the bill for this mess, but this has to be a wake up call that these situations are serious, that they can be life and death at any given moment.

[bobbbiez]

May 14, 2011 11:24:49 GMT -5 Clipper said:

www.uticaod.com/latestnews/x447613193/Police-N-Utica-man-violates-order-of-protection-3-times

When does this guy go to jail? After he harms her or kills her? Orders of protection are issued for a reason, and violations should be treated with serious consequences. If the order was justifiable to begin with, the poor woman should not have to be looking over her shoulder for the stubborn scumbag that doesn't know how to take a court order seriously.

How is it that the concept of "protection" seems lost in so many of these cases, until the one the order is in place to protect, is hurt or killed? The same problem is found here. It seems every day in the paper, there is someone arrested for violating such an order, and they are released on bond or bail for a later court appearance.

Seems that the first violation should be treated with a penalty that gets the attention of the violator. Second should be some serious jail time, and if there IS a third violation, the perp should be put away long enough to make it very evident to him, that the court is not going to tolerate his ignorance and contempt.

Clipper, I am going to totally disagree with Swimmy on this issue and repeat that it is the courts slacking on these cases. The UPD arrested this guy THREE times but he has not been convicted YET on the first two arrests so he has no convictions. That is all the UPD can do and that is the arresting of violators which they are doing. All one has to do is view the UPD's site on facebook which will show you the numerous arrests they are making of these violators, which I'm sure you have seen since you do look at their site and all the arrests they make. Can't argue with facts. The courts are the ones who are taking their blessed time with these violators and putting lives in danger.

As far as the Longo case there are things the public is not aware of and it's not for me to repeat, but this much I can say, Mrs. Longo herself did not pursue the problem as strongly as she should have because she knew it would have created a seriously financial problem for the both of them. This situation was not being ignored. Serious steps were taken but sadly in many cases as this sometimes there is not a damn thing anyone can do to prevent such a tragedy. The only difference in this case is that Mr. Longo was a police officer and that makes great headlines. Tragic cases like this happen often but do not get the same news coverage. I didn't see any big headlines when the soldier did the same in Watertown recently.

As long as I'm on a roll I must state I take grave offense to anyone who generalizes and states that cops do not want to do their jobs or aren't doing their jobs properly. There are bad and good in all professions. That's a fact and the few bad should never tarnish all the good.
I have two boys who have been on the force now for 23 yrs and 21 yrs and will I defend them and their fellow officers, you're damn right! Till the day I die. You have no idea how many times they've been hurt on calls and I flew to the emergency room wondering if I'd find them dead or injured permanently and for what? For an ungrateful public that will not remember their numerous awards (some from the FBI) for protecting the public, but will be so quick to criticize them for doing the littlest thing wrong.

This brotherhood courtesy that seems to bother some, extends far beyond, just the members of the police department. I know as a FACT it is given out of respect when allowed to others such as those in the correctional department, in the military and legal departments. I personally see it happening in many other professions also but usually though a break in money paid. I always received a professional discount from any doctor's service because I was a nurse and I don't see a damn thing wrong with that.

Also, this "respect" some talk about that cops have to earned is so much bull shit! I want to know what world they live in. There is no respect, none, on the streets today that our officers patrol. You have no idea what they put up with and still manage to do their jobs properly. The scum they deal with everyday respect nothing, no one and do not respect or value lives period. For those who doubt me go and read the UP D's site on face book every day and maybe then you will learn to have the respect our officers do earn and deserve. Then come back and talk to me. I lived it for 23 and 21 yrs now but that site is a big eye-opener to those that feel our officers don't do anything or are not doing their jobs. Our officers took an oath to "Protect and Service" and that is exactly what they are doing. Even for those who show them no respect.

[Clipper]

You are preaching to the choir here BZ. I have the utmost respect for most police officers, but I think FA was referring to some who have a piss poor attitude and talk to citizens like they were less than deserving of respect. I once told an Illinois DOT cop who spoke to me in snotty manner at a scale that he needed to talk a little nicer to folks. He said he had been working for 13 hours and he was sorry if he had an attitude. I told him I had been in that noisy ass, bumpy riding truck for 5 days and I didn't have a shitty attitude like he did, haha. He laughed and apologized for being short with me. Every job has a few bad apples and everyone has a bad day sometimes.

I wasn't blaming police in this case. I was questioning the lack of urgency to protect by the "system", not the cops. Cops only can arrest. The judge is responsible for arraignment and disposition of the case. On a second trip before a judge, the judge could most likely hold the man over for a court date in the county jail if he wanted or would take the time to do so.

[bobbbiez]

May 14, 2011 19:43:06 GMT -5 Clipper said:

You are preaching to the choir here BZ. I have the utmost respect for most police officers, but I think FA was referring to some who have a piss poor attitude and talk to citizens like they were less than deserving of respect. I once told an Illinois DOT cop who spoke to me in snotty manner at a scale that he needed to talk a little nicer to folks. He said he had been working for 13 hours and he was sorry if he had an attitude. I told him I had been in that noisy ass, bumpy riding truck for 5 days and I didn't have a shitty attitude like he did, haha. He laughed and apologized for being short with me. Every job has a few bad apples and everyone has a bad day sometimes.

Exactly what I am saying, but I also know if I had my boy's job facing all those scumbags every day, I'd come home and tear off RJ's head if he said the slightless thing out of the way to me. I just don't know how my boys deal with it every single day and then go home to their families and act normal. God love them.