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In October, court records show Kevin Nutter violated a protection order Natalie Nutter had against him by sending her text messages. As part of his bond, he was not allowed to have any weapons.
In November, he pled guilty to violating a protection order and was sentenced to one year of probation and was ordered to have no contact with Natalie Nutter.
And then, in December, shortly after the wife filed for a divorce...
The Hocking County Sheriff’s Office said a man shot and killed his estranged wife before taking his own life after a short pursuit with deputies Monday.
I've come to the conclusion that protection orders should be printed on this:
Then, at least, they would be useful for something.
However, the order would have to as verbose as possible.
AlanM
There are no dangerous weapons; there are only dangerous men. - RAH
Four boxes to be used in defense of liberty: soap, ballot, jury, ammo - use in that order.
If you aren't part of the solution, then you obviously weren't properly dissolved.
Protection orders will transmogrify into red flag confiscations...precisely because they're so useless.
“It’s not that we don’t have enough scoundrels to curse; it’s that we don’t have enough good men to curse them.”–G.K. Chesterton-Illustrated London News, 3-14-1908
Republicans.Hate.You. See2020.
"Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other." John Adams to Mass Militia 10-11-1798
More generally, opponents characterize red flag laws as constitutional outliers, since they do not require a trial in advance of temporary removal. In fact, temporary deprivations are not foreign to law. Indeed, states have modeled red flag removals on domestic violence restraining orders, which temporarily deprive alleged abusers of significant liberty interests, including in some cases access to the residence and custodial rights, without a trial. Civil commitment proceedings, which can result in involuntary confinement in a mental institution for extended periods, also do not require full-blown trials. The process required varies with the nature of the deprivation and the risks involved. Thus, a higher standard of proof and greater process may be required for involuntary commitment on grounds of mental illness than for other temporary restrictions on a person’s liberty.
Typically, laws provide an opportunity to be heard prior to the deprivation of liberty or property. Another argument opponents of red flag laws have made is that initial ex parte removals – those ordered without providing the owner the opportunity to appear – are unconstitutional. However, the Supreme Court has held that where a state must act quickly, or where it would be impracticable to provide pre-deprivation process, post-deprivation process is adequate. For example, courts can issue ex parte civil protective orders in the domestic abuse context and civil commitment orders. Where the gun removal is for a very short duration and based on a finding that the owner poses a danger to self or others, ex parte proceedings satisfy due process.
“It’s not that we don’t have enough scoundrels to curse; it’s that we don’t have enough good men to curse them.”–G.K. Chesterton-Illustrated London News, 3-14-1908
Republicans.Hate.You. See2020.
"Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other." John Adams to Mass Militia 10-11-1798
