HARTFORD, Conn. (AP) - Thousands of restraining and protective
orders are in place in Connecticut to help shield domestic violence
victims, following the same system that Nancy Tyler had hoped would
protect her from her ex-husband.
Tyler, an attorney, took out a restraining order and a protective order in 2006 and 2007 against ex-husband Richard Shenkman, who had repeatedly threatened her and was accused of burning down the couple's East Lyme beach house, according to court records.
But the orders didn't help Tyler on Tuesday when, police say, Shenkman kidnapped her from a Hartford parking lot and took her to their South Windsor home, where he held her at gunpoint for several hours while threatening to blow up the house. Tyler escaped hours later and Shenkman was arrested after allegedly setting a fire which destroyed the home.
Experts say Tuesday's incident, which followed three years on contentious divorce proceedings, signals a need to examine the effectiveness of court protective orders.
"We need to determine what is missing there and where was the gap, without blaming," said Erika M. Tindill, executive director of the Connecticut Coalition Against Domestic Violence. "The tendency is for after an incident of this magnitude, everyone takes their ball and goes home. But we can't let this happen again. We need open, safe conversation."
There are nearly 19,000 active protective orders in place in Connecticut and more than 1,500 court-ordered restraining orders, state Judicial Branch officials say. Protective orders are issued by a criminal court judge following a crime. A restraining order must be requested by a victim and granted by a civil court judge.
Connecticut's rules on restraining and protective orders were updated in 2002 to include tougher penalties. But Sue Else, president of the National Network to End Domestic Violence, says the all the nation's protective orders are just a piece of paper unless they come with a plethora of factors working in unison.
The victim must want implementation, she said. The perpetrator must understand the law. The judge must fully explain the rules and repercussions. The victim must have solid legal representation and a safety plan. Police need to be aware of the order and provide in prompt responses. There should be safety nets, including shelters, hot lines and advocates.
On a national-scale "I would say the laws are very effective," Else said. "I think the protection order law is, again, as good as the system is that is surrounding it."
The U.S. Department of Justice has also found that, generally, orders of protection in the U.S. are effective, according to a June 2009 study by Andrew R. Klein.
"...research consistently finds that victims largely express satisfaction with civil orders, even if they are violated by their abusers," he writes in a study called Practical Implications of Current Domestic Violence Research.
Rep. Michael Lawlor, D-East Haven, chairman of the state's Judiciary Committee, said Friday that Connecticut's domestic violence protection laws are some of the toughest in the country.
Even so, he acknowledges that Sheckman's case spotlights difficulties.
"You can't expect cops to be psychologists, you can't expect psychologists to be prosecutors. It's a system, they all have to work together, despite that they all speak different languages," he said.
There needs to be a thorough study of the Shenkman case, according to Lawlor. And the alleged kidnapping should also trigger heightened vigilance over all of Connecticut's domestic violence cases.
"We learn from these tragedies obviously, but there is no fool proof solution to this," Lawlor said. "Spotting these cases is like finding a needle in the haystack. There are literally tens of thousands of these cases where restraining and protective orders are issued in Connecticut, and maybe there's a handful that result in this kind of violence."
Tyler, an attorney, took out a restraining order and a protective order in 2006 and 2007 against ex-husband Richard Shenkman, who had repeatedly threatened her and was accused of burning down the couple's East Lyme beach house, according to court records.
But the orders didn't help Tyler on Tuesday when, police say, Shenkman kidnapped her from a Hartford parking lot and took her to their South Windsor home, where he held her at gunpoint for several hours while threatening to blow up the house. Tyler escaped hours later and Shenkman was arrested after allegedly setting a fire which destroyed the home.
Experts say Tuesday's incident, which followed three years on contentious divorce proceedings, signals a need to examine the effectiveness of court protective orders.
"We need to determine what is missing there and where was the gap, without blaming," said Erika M. Tindill, executive director of the Connecticut Coalition Against Domestic Violence. "The tendency is for after an incident of this magnitude, everyone takes their ball and goes home. But we can't let this happen again. We need open, safe conversation."
There are nearly 19,000 active protective orders in place in Connecticut and more than 1,500 court-ordered restraining orders, state Judicial Branch officials say. Protective orders are issued by a criminal court judge following a crime. A restraining order must be requested by a victim and granted by a civil court judge.
Connecticut's rules on restraining and protective orders were updated in 2002 to include tougher penalties. But Sue Else, president of the National Network to End Domestic Violence, says the all the nation's protective orders are just a piece of paper unless they come with a plethora of factors working in unison.
The victim must want implementation, she said. The perpetrator must understand the law. The judge must fully explain the rules and repercussions. The victim must have solid legal representation and a safety plan. Police need to be aware of the order and provide in prompt responses. There should be safety nets, including shelters, hot lines and advocates.
On a national-scale "I would say the laws are very effective," Else said. "I think the protection order law is, again, as good as the system is that is surrounding it."
The U.S. Department of Justice has also found that, generally, orders of protection in the U.S. are effective, according to a June 2009 study by Andrew R. Klein.
"...research consistently finds that victims largely express satisfaction with civil orders, even if they are violated by their abusers," he writes in a study called Practical Implications of Current Domestic Violence Research.
Rep. Michael Lawlor, D-East Haven, chairman of the state's Judiciary Committee, said Friday that Connecticut's domestic violence protection laws are some of the toughest in the country.
Even so, he acknowledges that Sheckman's case spotlights difficulties.
"You can't expect cops to be psychologists, you can't expect psychologists to be prosecutors. It's a system, they all have to work together, despite that they all speak different languages," he said.
There needs to be a thorough study of the Shenkman case, according to Lawlor. And the alleged kidnapping should also trigger heightened vigilance over all of Connecticut's domestic violence cases.
"We learn from these tragedies obviously, but there is no fool proof solution to this," Lawlor said. "Spotting these cases is like finding a needle in the haystack. There are literally tens of thousands of these cases where restraining and protective orders are issued in Connecticut, and maybe there's a handful that result in this kind of violence."
