On May 21st, 1999 Jessica Gonzales filed for and was granted a temporary restraining order against her estranged husband Simon Gonzales. (The state trial court granted the temporary restraining order.) Simon Gonzales was served with the temporary restraining order on June 4th, 1999. A revision of the order took place in the state trial court in which the temporary restraining order was made permanent on June 4th, 1999. The terms of the restraining order stated that Mr. Gonzales was not to be within one hundred feet of the Gonzales family home at any time. In addition to that, the order instructed Mr. Gonzales not to “molest or disturb the peace of (respondent) or of any child.” At approximately seven thirty on the evening of June 22nd, 1999 Jessica Gonzales phone the Police Department of Castle Rock. Mrs. Gonzales said that she believed that her estranged husband had taken the children (three daughters) from their home while they were playing outside (at five to …show more content…
five thirty earlier that evening.) Mrs. Gonzales stated that there was no prearrangement between her and Mr. Gonzales for visitation of the children. Two Police Officers were dispatched to the residence. Upon the two-officer’s arrival Mrs. Gonzales presented them with a temporary restraining order against Mr. Gonzales. Mrs. Gonzales further asked for her daughters to be retrieved from Mr. Gonzales and returned home without delay and the restraining order be enforced. Mrs.
Gonzales was informed by the two officers that nothing was going to (couldn’t) be done as far as the “enforcement” of the temporary restraining order. The two officers further informed Mrs. Gonzales that she should wait until later that evening (ten o’clock) and if the children were not returned home by then to phone the Police Department at that time. A second phone call from Mrs. Gonzales was received by the Castle Rock Police Department at eight thirty that evening. Mrs. Gonzales had just communicated with Mr. Gonzales in which Mr. Gonzales had claimed to be at a nearby amusement park with the three girls. Mrs. Gonzales requested that Mr. Gonzales vehicle be found in the parking lot of the amusement park. She further requested from the Police Department that an ABP (all-points bulletin) be placed on her estranged husband. For the second time Mrs. Gonzales was told that this was not going to happen and to phone the Police Department if the children were not home by ten o’ clock that
evening. For the third that evening (now roughly ten after ten) Mrs. Gonzales was told to. wait. This time until midnight before phoning the Police Department again about the missing children. At that point Mrs. Gonzales traveled to the apartment of Mr. Gonzales only to find it vacant of any people. Around midnight Mrs. Gonzales phoned the Castle Rock Police Department. This time she was told that an officer would be arriving yet, this did not take place. Upon arriving at the Castle Rock Police Department at around ten after midnight, Mrs. Gonzales gave an incident report. The officer receiving the incident report responded by leaving to have dinner without any effort put forth in reference to the temporary restraining order, it’s enforcement, or in seeking the location of the three missing daughters. Simon Gonzales entered the Castle Rock Police Department armed with a semi-automatic shotgun. It was roughly twenty minutes after three on the morning of June 23rd, 1999 when Simon Gonzales opened fire inside the Police Department. The Police returned fire on Mr. Gonzales which resulted in his death. Upon finding the pickup truck that belonged to Mr. Gonzales, the Police discovered the three children were all deceased inside the vehicle. It is the believed that Mr. Gonzales had murdered the children before arriving at the Police Department. Jessica Gonzales reacted by bringing action against the Castle Rock Police Department under revised statue 1979, 42 U.S.C. 1983. This action supported that the town of Castle Rock violated the due process order. In an attempt to support this allegation, the action supported that “The Castle Rock Police Department had an official policy or custom of failing to respond properly to restraining order violations.” This action also maintained that the Castle Rock Police Department did nothing to prevent or stop its officers from refusing to enforce restraining orders. The town of Castle Rock, Colorado was also named in this action in reference to civil rights violations against Mrs. Gonzales. The focus here is on the fourteenth amendment, section one which states; “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No state shall make or enhance any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any state deprive any person of life liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. The main question(s) now is does the restraining order dated June 4, 1999 that was entered by the Colorado trial court create a “property interest” that would be protected from arbitration per the due process clause under the fourteenth amendment, Section one. The District Court dismissed the grievance. However, upon appeal, it was decided (by a panel of the Court of Appeals for the Tenth Circuit) that Jessica Gonzales did in fact have a valid procedural due process claim. A rehearing was held in which the full appeals court siding with the plaintiff (Mrs. Gonzales,) handing down a ruling that declared that Jessica Gonzales did have a “protected property interest in the enforcement of the terms of the restraining order” of which Law Enforcement denied enforcing. The town of Castle Rock appealed. The belief of the lawsuit that Jessica Gonzales filed in federal district court in Denver Colorado was that the law had given her an enforceable right to protection per the instructions to the police written on the court order saying that "you shall arrest" or issue a warrant for the arrest of a violator. Mrs. Gonzales argued that the order offered her a "property interest" within the meaning of the 14th Amendment's due process guarantee, which forbids the deprivation of property without due process. Mrs. Gonzales with her team of lawyers had based their argument on an older case, DeShaney v Winnebago County decided in 1989 in which a little boy was beaten by his father. In this case it was the decision of the Court that the County social workers who neglected to protect the little boy did not breach any applicable constitutional duty per the law. Unfortunately, the Court found little difference between the two cases. The Court decided that Ms. Gonzales did not have a "property interest" in the enforcement of the temporary restraining order.
On the way over to burglarize the home, the group of 5 juveniles rode their bikes and stop on the way to feed some ducks, then dumped their bikes in some bushes. At the last minute, two of the five juveniles took off. Leaving behind Kane, who didn’t want to be labeled a scaredy-cat, and 19 year old Alvin Morton and 17 year old Bobby Garner. The group of juveniles expected the house to be empty, but found 75 year old Madeline Weisser, and her son 55 John Bowers were in fact at home.
This case is about a 15 year old kid, along with a friend, who made an erotic call to a neighbor's house. The alleged incident took place on June 8, 1964 by Gerald Gault and Ronald Lewis. Mrs. Cook, the neighbor, filed a complaint which resulted in Gerald Gault’s arrest. Gerald was indeed on probation for something he had done prior to this incident. The officer who made the arrest did not leave notice for the juvenile's parents and did not endeavor to advise them of their child's arrest, however, they found out about the arrest from Ronald Lewis later.. “After arresting a juvenile, an officer must notify the juvenile's parent or legal guardian regarding: the whereabouts of the child, the nature of the charges, and the police department's planned course of action” (O'Neil, 2010). Gerald’s mother was giving information on when the hearing for her son was after arriving where he was
George’s journey in the criminal justice system began when officers arrested her at her house in the presence of her children, which occurred rather in a calm manner, considering the nature of her charges. The detectives arrived at her house with a social worker to secure her children, and they refrained from making a brutal arrest scene by not
Everybody had an opinion on what happened at the Ramsey household on December 25, 1996. Most people believed that the family is responsible for killing JonBenet. Ever since that day, the public has held the Ramsey family under a cloud of suspicion. The family did everything they could do to defend themselves. They believe that an intruder must have done it, but most of the public believes that the family should be held responsible for the killing. The main suspect that police keyed in on was the mother of JonBenet. The reason for the suspicion of the mother was the 911 call made by Patsy Ramsey the day of the murder. In this 911 call, the mother seemed very suspicious. Patsy said “We have a kidnapping” ( McClish). “It seemed like she knew something she was not telling” (McClish 2001).
Ms. Dollree Mapp and her daughter lived in Cleveland, Ohio. After receiving information that an individual wanted in connection with a recent bombing was hiding in Mapp's house, the Cleveland police knocked on her door and demanded entrance. Mapp called her attorney and subsequently refused to let the police in when they failed to produce a search warrant. After several hours of surveillance and the arrival of more officers, the police again sought entrance to the house. Although Mapp did not allow them to enter, they gained access by forcibly opening at least one door. Once the police were inside the house, Mapp confronted them and demanded to see their warrant. One of the officers held up a piece of paper claiming it was a search warrant. Mapp grabbed the paper but an officer recovered it and handcuffed Mapp ?because she had been belligerent.? Dragging Mapp upstairs, officers proceeded to search not only her room, but also her daughter?s bedroom, the kitchen, dinette, living room, and basement.
DSS received a report of physical abuse, physical neglect and substantial risk of physical abuse on March 3, 2017 alleging there is chaos in the home. After returning with his brothers from their cousin’s house, the boys had to go to bed. The reporter stated that Xzavia banged on his mother’s bedroom door on three separate occasions wanting something to eat. The first time he was told to go back to bed and a popping noise was heard. The second time Ms. Kimberly Dawkins grabbed Xzavia by the head, shook him little and told him to go back to bed. The third time Ms. Dawkins grabbed Xzavia, threw him on the bed, got a gun, held him down and pointed it at him. Reporter states there was no clip in the gun. Ms. Dawkins was reported being upset and it was reported that she left the home for twenty minutes but came back. It was reported that while Ms. Dawkins was gone, Xzavia was very upset and he was crying and Tyzhaun stared punching holes in the wall. It was reported that Xzavia says he wanted to die and that Atmorris went and got a knife, stated to Xzavia, “You want to die?”, here’s the knife and the two older brothers, Tyzhaun and Atmorris left the house and Xzavia chased them. It was reported that Xzavia was outside crying and he spent the night with the neighbor.
At this point Tracy gets a restraining order against Buck. He is not allowed in the state of Connecticut, and Tracy’s home. She sees Buck standing in front of her home and calls the police. The police cannot find the court order against Buck. When the officer comes to the house and tells Tracy that her husband has a right to stand in the street and it would be easier if they weren’t married.
Kayleigh Slusher, a three years old baby girl in Napa Calif. the little baby girl lives with her mother and the mother’s boyfriend, while the real father is in jail. During that time, police often gone the house to visit and check up on the little child well-being and making sure everything is ok, the mother was check on also. On Jan. 30, Kayleigh’s body was found in a suitcase inside a freezer that was left for three days, the body of the child was also found with bruises and sexual assault, the mother (Krueger) and her boyfriend Ryan Scott Warner was arrested at El Cerrito Bart station near a restaurant.
In 2001 Gwyneth filed a restraining order against Dante Soiu. The outcome of this case was that Dante Soiu was arrested and now has a life prison sentence. He was also declared as "mentally unstable" which gained him a place in a mental institution in California.
July 15, 1999, was an ordinary night for Kristopher Lohrmeyer as he left work at the Colorado City Creamer, a popular ice cream parlor. Kristopher had no idea that his life was about to end. When Michael Brown, 17, Derrick Miller and Andrew (Andy) Medina, 15, approached Kristopher and demanded his money and his car keys. Before the boys knew it shots had been fired and Kristopher was dead. About an hour after the fatal shooting of Kristopher Lohrmeyer, all three men were in custody and telling their version of the night’s events. Michael and Derrick who had run away after the shooting confessed to police and named Andy as the shooter. According to the three boy’s testimony, they had only recently met and needed away to get some quick cash, so they developed a carjacking scheme and headed to Andy’s house to pick up 2 stolen handguns. The three boys were uneducated and had spent most of their time on the streets in search of drugs. The judge ruled that they would be held without bail and there was probable cause to charge them all with first-degree murder (Thrown Away, 2005).
The crime scene was then examined and a list of possible pieces of evidence were recorded down. Including a sketch of the crime scene, Anna Garcia’s house, with the locations of all of the pieces of evidence. All of these items listed help develop a theory about Anna’s death. This theory then helped establish a list of possible suspects. The person of interest list included a number of four individuals and each one had a relation with Anna. The list included (1) Alex Garcia- Anna’s ex-husband. They had an unpleasant divorce the year before and in a result Alex quickly remarried a much younger woman, while Anna remained single. Alex and his newlywed wife are expecting to have a baby soon. Although, Alex may be suffering from a few financial
“You are a police officer assigned to a task force that is investigating major drug trafficking operations in your jurisdiction. As part of the investigative process, a judge has issued a wiretap order for a suspect’s phone. You are assigned the responsibility of monitoring phone conversations, and you overhear the suspect as well as other individuals who may or may not be involved in the drug ring. Before obtaining enough evidence to arrest and prosecute the suspect, you hear evidence related to other types of criminal activity.”
In Corsicana, Texas Cameron Willingham and his family’s home was burned down the twenty-third of December is 1991. According to the report Cameron was asleep when the fire started and survived the accident with only a few injuries, as for his children they were not so lucky, they lost their lives to the tragic accident. At the time of the accident Cameron’s wife was buying presents for their children for Christmas. According to a witness and her Daughter Diane and Buffie from a few houses down went outside and saw Cameron screaming, “My babies are burning up!” Diane and Cameron tried countless attempts to rescue the girls from their room until the fire department could get there. According to the New Yorker “The house, in short, had been deliberately transformed onto a death trap.” According to the reports on December twenty-fourth and twenty-seventh of 1991 the fire was declared arson and they later decided to conduct a criminal investigation. Cameron was questioned by the investigators on December 31st and was then later arrested on January 8th of 1992 for the death his three daughters.
Another solution to suicide gun violence is Gun Violence Restraining Orders (GVRO). According to a study on GVRO, past tendencies of violence are a better detector of future gun violence than mental illness (Frattaroli, McGinty, Barnhorst, & Greenberg, 2015, pp. 292-293). Domestic Violence Restraining Orders (DVRO) inspired the idea of GVRO; DVRO allow people to get a short-term restraining order from their partner who may harm them. GVRO prevents someone from getting or using a gun or ammunition for a year.
If you are being abused, there are steps you can take to protect yourself. One of those measures is a restraining order for domestic violence. This is a court order that will help protect you from threats of abuse or actual abuse from a person with whom you have a relationship. You can request a restraining order for domestic violence if a person has abused or has threatened abuse against you and you have a relationship with the person abusing you. A relationship may be considered close if it is any of the following: