ABUSING THE LAWS OF THE LAND

Finley Engineering Company, Inc.
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9/26/2005
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Judges say misuse of adult abuse law is increasingDanielle ZielinskiCourthouse ReporterMissouri’s adult abuse law was established in 1980 as a court tool to help domestic violence victims break the cycle of abuse. But with no fee to file a case, and no costs ever assessed to those that do file, local judges say some are trying to exploit the law for other purposes, or use the court as a wrestling ring for relationship problems.“If (you are) an adult in an abusive relationship, don’t hesitate to come up here and use the relief under the adult abuse law to remove yourself from that situation,” Buchanan County Circuit Judge Randall Jackson said. “If not … don’t run up here and waste your time, and the clerk’s time, and the court’s time, because that’s not what the law is all about.”An adult abuse suit is started with the filing of a petition for an ex parte order, which can temporarily bar someone from communicating, abusing, threatening or stalking another. A judge reviews and rules on the order immediately, and regardless of whether it is granted, sets a hearing within 15 days where the respondent can consent to a full order or request a trial. If a case goes to trial, the petitioner has the burden to prove he or she is in continued danger of abuse or stalking, and the respondent is given the opportunity to refute the allegations.In 2004, 833 adult abuse cases were filed in Buchanan County courts. Of those, 578 — or 69 percent — were dismissed, either by the parties or the court. Statewide, 62 percent of 43,886 cases filed were dismissed.“The majority of cases never get to any relief, because they never show up, or they dismiss the case,” Mr. Jackson said.Judges point out that a case where the petitioner fails to show or dismisses wastes the time of clerks who help fill out the forms, and judges who must drop what they’re doing to review ex parte requests. But Kim Carroll, director of victim services at the YWCA, said there are real reasons — such as threats or financial concerns — that cause victims of violence to drop a case.“There are really good reasons why people do decide that this is not a good thing to do,” she said. “When you look at it, it can put the woman in more danger.”Mr. Jackson said that in the cases that do go to trial, those involving physical abuse — like many the YWCA is involved with — are the most clear-cut. But in many other cases — roughly half of those heard — the petitioner fails to meet the burden of proof required under the law. Overall, he said, full orders of protection are granted in only about 25 percent of cases filed.By statute, judges can only grant an order of protection if there is “an immediate and present danger” of physical harm, coercion, or substantial emotional distress as a result of harassment or stalking. Petitioners must prove both that they have been victims of abuse or stalking in the past and that they are in continued danger of abuse or stalking.“A lot of people use the terms abuse and stalking with a colloquial or lay meaning,” Circuit Judge Weldon Judah said. “I have to follow what the law says.”Unfortunately, Mr. Jackson said, many law enforcement officers and social service agencies frequently advise people to file adult abuse cases, even when they may not qualify for relief. Many people also mistakenly use the law as an “upset adult” law rather than an “adult abuse” law, filing suits against each other in attempts to gain the upper hand in disputes.“There’s been an increase in unmeritorious cases,” Mr. Jackson said. “The basis of their complaints deal with relational problems, not abuse problems.”Judges also say they see many people looking for a cheap way to accomplish other legal objectives through the adult abuse statute. These can include landlord-tenant disputes, creditor problems, child visitation or custody disputes, sibling disputes over inheritances and neighborhood feuds.“There seem to be a lot of cases filed that have nothing to do with adult abuse,” Mr. Judah said. “That’s the frustrating part.”When orders of protection are granted by the court, domestic violence advocates say they often don’t do enough to help the victim. Sometimes, the abuser is allowed to remain in a shared residence, and other types of relief available under the law — such as child support, rent or mortgage payments, or possession of personal effects — are seldom granted.“If you don’t have any means of income, the chances are you’re more likely to move back,” Ms. Carroll said. “The economic consequences of abuse are sometimes the most difficult obstacles to get over.”Mr. Jackson said extra relief is rare because parties often fail to meet the burden of proof on those counts. Matters such as child support are complicated, and often cannot be sorted out without the help of an attorney.“The court cannot step out of its neutral role and become the attorney or the advocate for the party,” he said.Mr. Jackson said if a litigant wants to pursue additional relief, he always offers them the option of a continuance, giving them time to get legal counsel and evidence to support their claims.Buchanan County Prosecuting Attorney Dwight Scroggins said more relief might result in fewer cases for the system overall. “If they did a better job with them, they’d get a whole lot less orders of protection,” he said. “We get multiple abuse cases because we get re-abuse cases.”


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Folks, in the above article please take note of what it is saying. I refer to this as it applies to the actions of LONNIE JOE MCFADDEN & RANDALL KIM LITTLE against me on 04/19/2006 in Lamar, Mo. Please take time to read and then relate that to my situation of having TWO "Orders of Protection" filed against me. RANDALL KIM LITTLE is 52 years of age and LONNIE JOE MCFADDEN is 53. I am 54. They are both officers at Finley's. McFadden is the office manager. Little is the manager of the "Independent Telephone Dept.". These two men as I said in another post have exposed themselves to be " Women" in their actions to attempt to silence me. I would like to insert at this time my journaling from a visit I paid to McFadden and it is dated 02/17/03.

I went to the office to see Lonnie McFadden. I was informed he is office manager. Lonnie had to be paged. I had been instructed to come in the front door and to contact only Lonnie with any communication I might have. I visited with the receptionist and by the time Lonnie arrived I was in a relatively calm state. He greeted me with a smile which seemed a little pale. It was a distance from the front entry to his office. I followed him and noticed how he walked with his head hung over. He did not walk upright. I'd not noticed that about him before. We entered his office and I took a seat. I told him I had not come to blow up at him. I was plenty upset inside but what I wanted to know was why I had been terminated. He attempted to be evasive and went to legal aspects and I interrupted him and said, "lets bring this down to a simple level." " I am not here because of legal matters." "I was terminated from this company and I want to know exactly why that occurred. He finally said, "It started with that tape you made in Tennessee. The letter you wrote to Mark Ogle was the wrong way to handle that. I replied, "I never said I do everything right Lonnie." "I am human you know." He softened. "I only reacted to what he handed me." Kim had problems with hours, miles, you not following orders, and there were instances that you could not have been where you claimed to be." I brought up some things from the past and he softened again. He didn't remember at first the subject I brought up but it got him to thinking. I saw him drop the bold business front and become a person in the past for a moment. I pretty well finished our visit. I told him that it was possible to come and sit before him like this because I knew I was guilty of nothing. He was upset. He said, "that's great William, that you feel that way." He was upset it seemed, by the fact that I felt innocent. "You don't know what you have done." " I have received damage that cannot be taken back." "You have destroyed my life." "This conversation is coming to an end as I am ending it," he said. "This is in the past as far as I'm concerned and it should be for you." "This is the end for you Lonnie, but for me it is the beginning." I got up and left.
In the beginning of my career I used to work off and on with Lonnie some and so it wasn't like we were strangers. He was in the "Rights of Way" dept. More later.