Judge says that coming within a few feet of alleged perpetrator - twice - no reason to vacate restraining order.
Judge says that a woman who came up to the defendant's vehicle and opened the door when he was in it, when an order said to stay away 100 yards, is no reason to vacate a restraining order.
Actual transcript from Suffolk Probate and Family Court, April 17, 2009; E. Chouteau Merrill Levine, Justice presiding:
Mr. Hession: . . .She walked up to the vehicle just last Sunday, pulled open the door and also did the same thing last month as well, clearly showing no fear. And this sort of thing, I think on its face alone, even without all of the other issues that I raise in this affidavit, would give the Court the ability to vacate this order because it clearly shows no fear.
Judge:I disagree.
[Cross Exam followed]
By Mr. Hession: Ms. F-------, on April 12th on Easter, you had a pick-up or drop-off of your daughter in front of the police station?
A. Yes.
Q. And you came up to Mr. F------'s truck, correct.
A. Both me and my son.
Q. And you came right next to the door of the vehicle, correct?
A. He was sitting on the left. I - my son opened the passenger side and put D------ in.
Q. And so you were just about five or six feet from him at that point?
A. OK.
Q. And then last month in March, you did the same thing. You cam up to the truck, correct?
A. Yes, sir.
Q. And you opened the doors?
A. Both me and my son.
Q. Both doors?
A. No, no . One door.
Q. You opened one door to his car?
A. Yes.
Q. And so you were just a few feet away from Mr. F-------. He was in the truck, wasn't he?
A. Uh huh.
After a long hearing of showing proof after proof of no fear, the judge did vacate the restraining order. The fact that it was EVER issued in the first place is a violation of the law. I will never understand why the judge thought that it did not show fear, when the alleged "victim" went right up to the truck door where the alleged "abuser" was sitting, when the documents in the motion had actual pictures of it.