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Post by Swimmy on May 15, 2011 9:48:50 GMT -5
According to the OD reporting of the story, there was a "refrain from" order. Since they still lived together at the time, he was allowed to frequent the house. www.uticaod.com/news/x980513347/Rage-built-to-murder-suicideJoseph Longo was served with divorce papers on Friday, Sept. 25, three days before the murder-suicide. At that time, Acting Supreme Court Justice James Griffith issued a “refrain from” order prohibiting Joseph Longo from assaulting, harassing, menacing or committing any other crimes against his wife and her family. Interestingly, I thought everyone was prohibited from assaulting, harassing, menacing or committing other crimes against their families? It is probably the "No harass" order of protection, then. The difference in name is just the difference in localities referring to them. Or, quite simply, the paper got it wrong. With a "no harass" order of protection, you can continue to co-habit the same residence. Something I advise my clients against because of potential future problems, but legally they can return to the house. Yes, you would think that everyone, by law, is prohibited in the first instance, without the need for this order of protection stuff... |
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Post by firstamendment on May 15, 2011 12:07:41 GMT -5
Thank you for clarifying because I had never heard of an order like that before. Co-habit seems like a recipe for disaster, IMHO, and your advice on that is very sound. My brother-in-law was having issues with his to-be ex-wife and I advised him he should have someone else with him any time he's had to deal with her. Whether it be in person or on the phone, so at least he can protect himself from any crazy accusations she'd make. Mind you, I'm not a lawyer, but it makes for good sense to have witnesses.
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Post by bobbbiez on May 15, 2011 12:49:04 GMT -5
 Clipper, I am going to totally disagree with Swimmy on this issue and repeat that it is the courts slacking on these cases. And you're free to do so. But I'm on the front lines in the courts, and it's not the courts just slacking. It is many times the cops refusing to follow the law and make the mandatory arrests! 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. Swimmy, where you are practicing seems totally lenient to these offenses. Here in Utica the UPD does not take these calls lightly and it is not the decision of one cop to arrest or not to arrest. These calls are considered very dangerous to the police also and that is why more then one car is sent to the scene of domestic violence calls. If there is any kind of protection order the offender is without question arrested. It is not a decision made by an officer. If you doubt that you call call Chief Mark Williams and he will tell you exactly what his department procedures are required by all officers to do. If you check out the UPD's site on facebook you will also see the many arrests made by the UPD on domestic calls without any kind of protection order. In this case Clipper posted as most, the offender was immediately arrested by the police (three times), and he was still back on the street waiting for a court date for the very first offense. This is not the slacking of the police. They did their jobs. This case and many others, who the police have arrested, are backed up in the courts, so how can you say the police are slacking? The proof is in the pudding. Seems to me the courts are backed up because the police have done the arresting and that's all they can do. The rest is in the courts hands.  |
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Post by JGRobinson on May 15, 2011 13:10:33 GMT -5
OMG, My Mom was blatantly malpracticed on by the Oneida Hospital ER and while she stayed for a week. I didn't hire a Lawyer but I did report them to the Medicaid Patient Abuse Resource. After 8 months, the only thing they could look at were the notes from the physician and the hospital which were incomplete and doctored. I have Emails to document the problems but they couldn't even look at them. Broken systems...
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Post by bobbbiez on May 15, 2011 13:12:57 GMT -5
BZ- you would be surprised what you could and would do when your instincts kick in for one to survive. There is a little phrase we use in the prison and it is probably the same phrase your two son's use at the P.D. and is known as; " It is better to be judge by 12 than carried by 6." I have also learned that I may not like or respect the person in the uniform but I always respect the uniform in it's self. I do understand all to well about attitudes and disrespect and although I will defend my guys in blue till the very end I will also be the first to admit that the Department is full of all different kinds of attitudes and personality's. With that said I do not condone anyone bad behavior and it should never be tolerated. But rather than disrespect the uniform (which is not recommended because you will lose each and every time) it is recommended to be nice until it is time to not be nice and that time is when your filing a complaint with the Department in question. This will pull more weight and will be allot cheaper than to start a fight that can't be won. Todd, "nothing" surprises me any more. Having four kids in the field of the legal system in one form or another I do know "bad behavior" takes place in all departments and even though that bad behavior isn't condone it sure as hell is over-looked by most. That's if they want to keep their jobs or they want to go to their jobs without being targeted every day. I'm sure you know that. It's not right but it is very real. The main point is just because of a few bad in all departments the good should not be disrespected or should the public generalize. I have always told people when dealing with a bad situation of any department in the work force that everyone has a supervisor and that is where it should be handled. Most will not take that avenue and will then just do the bad talking which causes harm to the whole department. I guess that is just human nature, but isn't right either or is it fair to those in the same department who are doing a good job. |
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Post by bobbbiez on May 15, 2011 14:39:55 GMT -5
OMG, My Mom was blatantly malpracticed on by the Oneida Hospital ER and while she stayed for a week. I didn't hire a Lawyer but I did report them to the Medicaid Patient Abuse Resource. After 8 months, the only thing they could look at were the notes from the physician and the hospital which were incomplete and doctored. I have Emails to document the problems but they couldn't even look at them. Broken systems... JG, you're not alone on this. We are going through the same situation with my son who had a stroke last year due to a screwed-up procedure done by the doctor and the hospital for releasing him when he had suffered a stroke that they did not recognized. It's been totally unbelievable how "everyone" is trying to cover up their fault in my son's most serious situation. It doesn't stop there either. Two days later after the procedure he went to work not knowing he suffered a stroke, didn't feel good after being there for a while and was examined by their doctor AND nurse and neither said anything was wrong with him. He works at a State facility and they thought he was faking to get out of work. He couldn't drive home so I went to pick him from work and immediately knew there was something drastically wrong with him and took him directly to the emergency room only to be informed he had suffered a stroke. Now, since he recovered and all is in a lawyers hands some at his work place are targeting him because of their screw-up. This whole thing is becoming totally unbelievable and I am totally disgusted with all these people involved and I am now after their heads to be put on a stake.  |
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Post by firstamendment on May 15, 2011 15:19:06 GMT -5
Situations like that is why its always handy to have your own nurse. One of the reasons why I married one!
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Post by bobbbiez on May 15, 2011 15:50:31 GMT -5
Situations like that is why its always handy to have your own nurse. One of the reasons why I married one! Yes, but some times it doesn't always help to correct things. I am a retired nurse and in my sons case No One would listen to me when I stated right from the start that something was wrong with my son. That was the augment but I couldn't force anyone to listen to me until I told the doctor I would not leave the emergency department until my son was checked out by a specialist which eventually took place when he was transferred to Syracuse because I did not want anyone in this area to treat him any further. |
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Post by JGRobinson on May 16, 2011 6:00:53 GMT -5
Sorry to hear BZ, Im glad to hear he's recovered but no excuses by the professionals will help or be forthcoming I'm sure. Even if he wins a lawsuit, they feel nothing for their failure to provide appropriate and necessary treatment.
Were trying to provide free coverage for those who don't have coverage but those of us that pay for our coverage get lousy help. Adding Millions to an overburdened system is crazy!
During one stay in Lukes for my Mom about 1.5 years ago. I was chatting with he new roommate 80+ YO Nice Lady), she had been a head nurse for 30 years; her advice was beware, dont trust, dont leave anyone alone in a Hospital ever.
That was early on in my new role as Healthcare Advocate for Mom, back then I thought we had the best health care in the world. After everything Ive experienced and seen, Im inclined to agree with my Moms prior ICU Roommate, we are in big trouble healthcare wise, its out of control!!!
My Mom Taught me to always trust Doctors, Nurses, Teachers, Military, Firemen and Police Officers. I can't do that blindly anymore, my eyes are way too open at my age. I still respect them but now they must earn my trust!
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Post by Swimmy on May 16, 2011 7:24:45 GMT -5
Or go to law school, my late grandmother was hospitalized with pneumonia. The nurse administering the medications to her was being rough with her. My Aunt Rachel (about as old as my grandmother was at the time) was present and they were still being difficult. I observed quietly before announcing my entrance. My Aunt Rachel announced, "There's the law student!" I entered and said hello. Suddenly, the nurse was gentler with my grandmother and explained why she was administering certain medication, to which my aunt whispered was a question she and my grandmother had been asking all week long. When my grandmother pushed the button for assistance, while I was there, that nurse flew into the room under five minutes. So I left and I openly said to my aunt that I was thinking about becoming a medical malpractice attorney because I see a lot of abuses, especially among the elderly. My ploy worked, my grandmother received top notch service long after I returned to school.
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Post by bobbbiez on May 16, 2011 18:38:18 GMT -5
My advice to all would be always make arrangements to have someone stay with any member of your family while they are in the hospital, especially the elderly or the very young who can not speak for themselves. Not taking anything away from all the good employees, but in my years in that practice, I have seen the improper care given by a few that should never have been in that profession. Even reporting incidents to a supervisor doesn't do much because it's all about the "bodies" they need to tend to the patients. Nursing home care is much worse and I have worked both throughout my years. That IS the reason I left working in the hospital facilities and went into home care for the terminally ill. Sad but true. 
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Post by firstamendment on May 16, 2011 19:18:28 GMT -5
My advice to all would be always make arrangements to have someone stay with any member of your family while they are in the hospital, especially the elderly or the very young who can not speak for themselves. Not taking anything away from all the good employees, but in my years in that practice, I have seen the improper care given by a few that should never have been in that profession. Even reporting incidents to a supervisor doesn't do much because it's all about the "bodies" they need to tend to the patients. Nursing home care is much worse and I have worked both throughout my years. That IS the reason I left working in the hospital facilities and went into home care for the terminally ill. Sad but true. And that is the unfortunate truth. I am sure you and my wife could attest to that. |
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Clipper, I am going to totally disagree with Swimmy on this issue and repeat that it is the courts slacking on these cases.
