Judge Displays Leadership On Restraining Orders

Judge Displays Leadership On Restraining Orders

Judge Breaks From The Pack, Helps Fathers Defend Themselves

Judge Winslow at the Wrentham District Court has supported programs in his court that train advocates for defendants who are accused of violating a restraining order. He also participated in a workshop to help attorneys defend their clients against such charges.

Volunteer Advisers Help Defendants Facing Restraining Orders At Wrentham District Court

Last year, Judge Winslow dismissed a case against a young man who was arrested for violating a restraining order by attending an outdoor concert that his ex-girlfriend also attended. The restraining order said he must “stay away” at least 100-yards from her.

The case is before the Supreme Judicial Court on appeal because Judge Winslow ruled the “stay away” prohibition is not covered under the statute, which specifies “no contact.”

The judge said the man did not try to contact or communicate with her, so the proper way to prosecute would be to charge him with criminal contempt.

Criminal contempt is more difficult to prosecute. If the SJC agrees with Judge Winslow, it would be an important reform that fathers’ advocates have been calling for because under current practice, any sort of incidental infraction of a restraining order results in automatic arrest and jail.

The lawyer who suggested the reform says Judge Winslow is trying to institute contempt proceedings in certain cases such as the recent case that ended up before the SJC, although the judge recommended criminal contempt in that case. “I think he acted on his own and did it,” said DeVito.

MassNews checked with Judge Winslow but the judge said he could not comment on the case because it is possible it may be sent back to him as a live case by the SJC.

DeVito said that Judge Winslow “graciously agreed to adopt the program,” after DeVito presented it to him.

This Wrentham judge has exhibited courageous independence in the area of restraining order law, an area where the courts routinely bow to gender politics.

He issued an opinion about restraining order law last year that is currently being tested before the SJC. If upheld, it could mean fewer arrests and jail time for men who technically violate a restraining order.

Judge Winslow has also supported programs in his court that help defendants get a fair shake when someone seeks to obtain a restraining order against them.

Sidebar:
Volunteer Advisers Help Defendants Facing Restraining Orders At Wrentham District Court

By Ed Oliver
February 2002

Volunteer attorneys participating in the “209A Advisory Program” at Wrentham District Court do not represent the defendant or question witnesses on their behalf, but they do assist in the following ways:

The attorney seeks out 209A defendants before a court session begins and explains that the judge asked him to assist the defendant in an advisory capacity if the defendant agrees.

Advises the defendant of the potential consequences of a restraining order and how it may impact his or her life.

Reviews the affidavit filed by the alleged victim and advises if a challenge should be made by the defendant.

Discusses the duration of the restraining order with the defendant. For example, should the order extend for one year or is there a basis to limit the order?

If family issues are involved, advises the defendant to ask for a limited order to give the parties time to get to Probate Court with relevant issues such as visitation, custody or support.

If support is raised, assists the defendant in filling out financial statements and a request that child support guidelines apply.

Suggests specific arrangements for contact with children under court direction, particularly if the parties have agreed.

If children are involved, advises the defendant to ask the court to arrange for specific type of limited contact between the parties themselves to facilitate any agreed visitation.

If the alleged victims’ address is impounded and no contact is allowed, have the defendant ask for a way to serve process on the victim if probate or other legal proceedings are necessary.

If the defendant has been ordered to vacate the home, assist the defendant with the help of a local police prosecutor to arrange for a police officer to be available to the defendant for immediate removal of his belongings.

Advise and assist a defendant in filling out necessary paperwork to begin probate proceedings.

If an affidavit or issuance of a restraining order is likely to cause a defendant to lose his job, suggest that the defendant consider the “Uniform Impoundment Procedure” (where the facts of the affidavit can be hidden from public scrutiny).

If a defendant needs a firearm for work, raise the issue with the court. Arrangements can be made to leave the firearm at work.

Acts as a sounding board for the defendant and advises the defendant how to voice his concerns to the court and how to behave before the judge.

Advises the court if it appears that the defendant is unable to understand the court proceedings.

Requests a brief second call if the attorney needs an opportunity to review these matters with the defendant before the hearing.