Court order not always enough to protect against domestic violence

(CBS News) Police say the man behind a deadly shooting at a spa in Brookfield, Wisc. was a jealous husband who bought his weapon two days after a court ordered him to turn in all firearms.

Radcliffe Haughton shot and killed three women and wounded four others on Sunday before taking his own life. Among the dead was his estranged wife, Zina Haughton.

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A Milwaukee judge granted Zina's request for the restraining order against her husband Radcliffe on Thursday. In a handwritten plea, she wrote that he vowed to burn her with gas and kill her if she called police.

"His threats terrorize my every waking moment," Zina wrote.

On the day Radcliffe was granted the order, a Florida man shot his estranged girlfriend at an Orlando-area hair salon in a separate case. The attack came just before he was to appear before a judge considering her request for protection. He shot four women before killing himself.

Radcliffe Franklin Haughton, 45, of Brown Deer, Wis.

/ AP Photo/Brookfield Police Dept

"A restraining order just a piece of paper. It is not a body of armor," Elaine Myerson, who runs a shelter for abused women in New Jersey called Shelter Our Sisters, says.

These women have the court, law enforcement and a piece of paper on their side, but Myerson believes that isn't always enough.

"There are some people who cannot be stopped, but we wouldn't want that to stop women from finding safety," she says.

More than 1.2 million women are granted protection orders every year. In 2010, 1,800 women were murdered by current or former partners.

"Leaving is the most dangerous time for a victim of domestic violence," Rene Renick, who works with the National Network to End Domestic Violence, says.

Renick says restraining orders can incite some abusive men, because they feel like they're losing control.

"Of women who have been killed by their intimate partners, only 4 percent ever had contact with a domestic violence program," she says.

Women who fear for their safety must have a complete escape plan that does not necsesarily rely on the courts. They should connect with an advocate, tell a friend and find a secure place to stay.

[Ulgnud]

Assuming a restraining order is given for a genuine threat, as it was in this case, there is really no way I know of to enforce it. If someone is determined to do harm to someone else they somehow find a way. Regardless who is "at fault" the emotional turmoil of a failed relationship goads people into all sorts of irrational acts. This is one of the reasons law enforcement officers are so apprehensive when dealing with domestic violence issues. It can be completely and violently unpredictable. I wish there was a way to effectively deal with it.

[winslowe1]

"Court order not always enough to protect against domestic violence."
Quite a revelation. The last sentence, however, is right on.

[Smart_Gun_Laws]

Once a restraining order has been approved by a Judge, he should not have been ble to obtain any firearm. California's laws are a good example in this situation. In California if you are the subject of a temporary restraining order, within 24 hours you are required to transfer your firearms to a Federally Licensed Firearms dealer or to Law Enforcement for safe keeping. The court clerks enter restraining orders into the state database, any attempt to purchase a firearm legitimately, will be met with a denial.



With regards to mental health issues, a involuntary 72 hour commitment under section 5150 of the California Welfare and Institutions Code immediately makes a person ineledgible to own a firearm for 5 years. This can be appealed within 30 days of the 72 hour confinment, for specific reasons outlined in the code. A subsiquent longer confinment under section 5250of the California Welfare and Institutions Code triggers a lifetime ban from owning firearms.

These are good laws that for the most part work as intended.

[mbcollins2]

1.1% of the US population has schizophrenia.
2.6% of the US population is bi-polar. (82%) of those are SEVERE.
1.0% of the US population has anti-social personality disorder.

4 out of every 100 people are at risk for "loosing it" and doing major damage to those around them.

I'm okay with supporting 2nd amendment rights for emotionally sound and law abiding citizens.

Please oh please won't some 2nd amendment rights folks come up with some ideas about how can have some reasonable restrictions on guns to keep them out of the hands of the emotionally unstable.

[Ulgnud]

Generally the existing laws work. The fact is a crook or a nut will always find a way to get one. The laws mean nothing to them.