Wednesday, March 3, 2010

Kick the "Louse" out?

Today's advertisement in the Northwest Herald for the law firm of Gitlin, Busche & Stetler is titled "Kick the Louse Out of the House: Orders of Protection." Are women going to offended when they are referred to as lice; errr, louses?

Is there any doubt as to whether the Gitlin firm is looking for female clients? Of course, it's their ad, so they can write it any way that they want and try to attract any clients they want.

The best advice (for a man or the party at risk of being defined as the "louse") is the possible response to the direction of a police officer for one party to leave the house. Mr. Stetler wrote, "Most people who are told to do so by the police do it, but what the police said, as a matter of law, is only a suggestion."

Let's say that the cops show up because a woman calls the police; the woman is ranting and raving, and the man is sitting calmly on the sofa. The man is being baited and verbally assaulted, but he remains calm. The kids are hiding down te hall. The highball glass is turned over on the coffee table.

There are no torn clothing, no bruises, no overturned furniture. Who are the cops going to haul away?

The cops tell you, the man, to leave. Do you have to? If you don't, will they arrest you for refusing to follow an officer's directions?

Find out ahead of time. You might call the beat officer and discuss it with him. If there is no evidence of threat or harm, ask if he can haul you away. Ask what the Department's policy is, so that you'll know what to expect if a different officer shows up.

Keep in mind that in the heat of an argument, somebody is probably going to lie the the cop. He won't know which party to believe. If things are "heated", somebody should leave, so that tempers cool down. A night in a motel is a lot cheaper than a night in jail. And leave the liquor bottle at home!

A while back one local attorney displayed open disgust to me at the advice given by Turning Point to its women clients. He thought women were coached to file for an Order of Protection too quickly, resulting in men (louses) being kicked out of their homes and being targeted with Orders of Protection.

Both parties need to be aware of their rights under the law and the risks and rewards of Orders of Protection. If you think you are going to have to get one, you should get legal advice in advance. If you think you might end up with one filed against you, you should get legal advice in advance.

No person, man or woman, should be at risk of harm. If you are, then an OP is the first step. And it's important to keep in mind that a piece of paper is not going to protect you. Make your plan ahead of any time of need; and, when you need it, follow it!

And remember. You have the right to remain silent, even before the cop tells you that you do.

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