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Thread: MTV's 16 and Pregnant

  1. #751
    Premium Member Yeti Long Shot: Porpoheus Champion
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    Re: MTV's 16 and Pregnant

    Quote Originally Posted by redsox girl;4068733;
    Great explanation about the legal situation regarding April and Butch.

    I have another question though: Why isn't April being brought to court for violating the protective order? She accepted the call from Butch . Doesn't a restraining order state that there be no contact between either party and if one party contacts the other then said party will be arrested? Or both parties?
    Not all protective orders are mutual. She may not be restricted from contacting him. Some protective orders are short-term only, while some are permanent. It's hard to judge without knowing the facts.

  2. #752
    FORT Fogey redsox girl's Avatar
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    Re: MTV's 16 and Pregnant

    This is long, I apologize, but maybe it will help contribute to the conversation about the legal issues regarding the differences between restraining/protective orders the difference between temporary and permanent and what it means to be in violation of the order and the legal ramifications resulting from filing a false report.

    I don't know if the specifics of the law has changed in the last few years here in New Hampshire(and i know protective orders/restraining orders vary from state to state) but back in the early 2000's these were the specifics and definitions of temporary/permanent restraining orders and how they were applied and what would happen when the specifics of the orders were violated by either party:

    In New Hampshire, a restraining order/protective order specifically states there is to be no contact between either party, including through third parties. Violating the order results in arrest. Both parties (victim/perpetrator) are given hard copies of the orders so there cannot be any misunderstandings as to what the orders entail. Also, a victim is told to carry his or her order of protection with them at all times so that person can show the orders to the proper authorities should the need arise. But also, should the victim be murdered having the order of protection on their body helps officials essentially narrow down the suspect list. However:

    Before an order is even served the victim must first go to court, as soon as possible, writing out as best she or he can, why the order should be put into effect. The person then appears before a judge who reads the request. If the judge agrees the person is in danger a temporary restraining order is granted and then served as quickly as possible.

    The order is `temporary' so that the person being served the order can go into court in a months time to contest the order and present evidence as to why the order should not be kept in place. The victim must also appear at he same hearing to further explain her/his position, present legal evidence and to dispute any claims made by the defendant. Both sides may be called to testify.

    In this second hearing the temporary order is made `permanent' (which actually means approx. a year) by the judge or the temporary order is discontinued based on the evidence presented and the persuasiveness of the argument. The victim may also tell the judge he or she believes there is no longer a need for the order to be in place at which time, after questioning, the order is dropped. If the defendant is a no show the temporary order is automatically made permanent. if the victim does not show for this second hearing the temporary order is thrown out.

    This presents a problem in that the victim may be too frightened to show up.

    On a terrible side note the person who was served the order can actually go into another court within the city/town and w/o telling the judge they were served a restraining order, explain they are in danger. If they are persuasive enough the judge will grant a temporary order, unwittingly having it served to the victim, who in that judges courtroom is actually the perpetrator since the judge does not have access to the original case file.

    Whether the order is temporary or permanent the order itself specifically states there is to be no contact. Contact is defined as physical, verbal, through phone contact/letters/e-mail or third parties. Neither party is to enter the others place of residence, work place or school. In many cases, judges will even write that both parties cannot be within so many feet/yards of each other, unless it is in a public place such as a restaurant/bar/library in which case the order has no standing. Violation of these rules by either or both parties results in immediate arrest.

    Not that it actually happens frequently as law enforcement here has a tendency to look the other way when receiving 911 calls from victims

    Not to excuse their behavior but cops say their attitude forms because they see so many cases in which the restraining order is violated by the person who filed for it. That is, the person let's the perpetrator back into his or her life time and again, tries to have the order rescinded, claims he or she was exaggerating. Then a few months later said person is back in court asking for yet another temporary order.

    What this does is create perilous situations for those who really truly are in danger. When they call for help because their ex really is after them/really is trying to knock down the door the police are so jaded by the previously mentioned instances they may not respond quickly or they look the other way or tell the person to call back when things get really bad.

    The sin of it is that this actually happens here in New Hampshire, people are beaten and even murdered because their calls weren't taken seriously-and part of the blame lies with people like April who use the system not for genuine protection but as a way to punish the other person in a relationship. Cops here get jaded by people like her and that makes them ineffectual as officers of the law in instances of domestic violence.

    I'm off my soap box now-when you've seen how badly the courts handle these types of situations and when you know part of it has to do with all of the false reports put forth by people like April, and the way the police force responds because of it, you get a little angry.
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  3. #753
    FORT Fogey redsox girl's Avatar
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    Re: MTV's 16 and Pregnant

    I forgot to mention something very important- If the person being served the restraining order has enough pending charges against them in regard to the victim the request for a tempo ray order is automatically granted if these multiple charges are interconnected -that is the person for example is charged with assault/false imprisonment/stalking. If there is only one charge sometimes the temporary order isn't granted.

    By the same token, a permanent order, once it gets to that stage, will almost always be put into place if the accused is on trial for crimes related specifically to the victim rather than say being on trail for other crimes not directly related to the victims well-being.

    Oh, and sometimes a temporary restraining order or a permanent order is contested by the victim(event hough they are the ones who filed for it) because he or she fears being w/o income or because the accused will have to move from their `home.' A victim, however brutalized may feel allegiance to the perpetrator and feel responsible for the perpetrator being banned from the home by the law.
    " I have a simple outlook-leave every person I meet with a smile on their face."-Donny

  4. #754
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    Re: MTV's 16 and Pregnant

    Someone sent me a personal message regarding this thread. I just wanted you to know that I wasn't ignoring it. It's just that every time I tried to open it, all I got was a pop-up window.

  5. #755
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    Re: MTV's 16 and Pregnant

    The answers about the restraining orders from the posters uptread are correct IMO. In my state of NC, if there is a protective order of no contract against a defendant, it only restrains the defendant, not the other party. So that if April called Butch and and they had a converstation, Butch would be in violation, but not April, since there is no order against April. It happens all the time. The defendant will get invited to the other parties house and go for a visit under the excuse of making up. He goes over, the victim gets upset about something and then calls the police and says this person is at my house in violation of a protective order. THe police show up and arrest him. It doesn't matter that he was invited over. It doesn't seem fair, but it happens a lot.

    In Touch magazine has Caitlyne on the cover of their current issue. There is an article inside that is written with input from some family members of her mother. It is so crazy! They talk about what a great mom April is and that the show portrays her in a bad light that is not true. OMG. They are obviously lying. Anybody who knows anything knows that. There are lots of cute photos of Caitlyne when she was little. Somebody was caring for her then. She had lots of professional photos with cute outfits. I can't see April doing that. That said that April bought Caitlyn anything she wanted. What? It was very funny.

    What is also unreal is that April had Caitlyn when she 19 years old in 1992. That makes her only 37 years old!!!!!!!! I almost fainted. Could that be right? April looks like she is in her late 50's IMO. Something is very wrong there.

    Oh, Caitlyn says she has moved into her own apartment! Yaaaaaaah! Her mom is keeping her dog since her apt. doesn't allow pets.

  6. #756
    Signed, Sealed, Delivered prhoshay's Avatar
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    Re: MTV's 16 and Pregnant

    I've seen druggies, usually "meth-heads" or "crackheads" that look older than they are. I saw a woman, who was under arrest, who was only 29, but looked 50-ish. I was floored! It was sad. Is it really worth it?
    "...each affects the other, and the other affects the next, and the world is full of stories, but the stories are all one." - Mitch Albom, one helluva writer

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  7. #757
    FORT Fogey Debb70's Avatar
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    Re: MTV's 16 and Pregnant

    Quote Originally Posted by prhoshay;4069095;
    I've seen druggies, usually "meth-heads" or "crackheads" that look older than they are. I saw a woman, who was under arrest, who was only 29, but looked 50-ish. I was floored! It was sad. Is it really worth it?

    That would explain why she looks so bad and so much older than she really is. How tragic. No wonder the woman is always in a bad mood and angry. Can you imagine looking like that at such a young age. It's disturbing to say the least.

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    Re: MTV's 16 and Pregnant

    She looks haggard.
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  9. #759
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    Re: MTV's 16 and Pregnant

    Quote Originally Posted by Debb70;4069034;
    The answers about the restraining orders from the posters uptread are correct IMO. In my state of NC, if there is a protective order of no contract against a defendant, it only restrains the defendant, not the other party. So that if April called Butch and and they had a converstation, Butch would be in violation, but not April, since there is no order against April. It happens all the time. The defendant will get invited to the other parties house and go for a visit under the excuse of making up. He goes over, the victim gets upset about something and then calls the police and says this person is at my house in violation of a protective order. THe police show up and arrest him. It doesn't matter that he was invited over. It doesn't seem fair, but it happens a lot.

    In Touch magazine has Caitlyne on the cover of their current issue. There is an article inside that is written with input from some family members of her mother. It is so crazy! They talk about what a great mom April is and that the show portrays her in a bad light that is not true. OMG. They are obviously lying. Anybody who knows anything knows that. There are lots of cute photos of Caitlyne when she was little. Somebody was caring for her then. She had lots of professional photos with cute outfits. I can't see April doing that. That said that April bought Caitlyn anything she wanted. What? It was very funny.

    What is also unreal is that April had Caitlyn when she 19 years old in 1992. That makes her only 37 years old!!!!!!!! I almost fainted. Could that be right? April looks like she is in her late 50's IMO. Something is very wrong there.

    Oh, Caitlyn says she has moved into her own apartment! Yaaaaaaah! Her mom is keeping her dog since her apt. doesn't allow pets.

    I suppose it's possible that the "someone" caring for Catelynn back then was indeed April and that that's why members of her family still think of her as a good mother. If she didn't get into drugs, alcohol etc. until later in Catelynn's childhood, that might also explain why Catelynn would have trouble separating herself from her mom, as she would still remember what her mother could be like when she's clean.

    I'm glad Catelynn got her own place, but I hope Nicholas and her dog will be okay with April.

  10. #760
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    Re: MTV's 16 and Pregnant

    A number of us have been wondering why authorities haven't stepped in when there's now taped evidence that Leah is in a volatile situation and that Sophia is often left in situations (the hallway, the sink, unattended on a bed) where she could be hurt. It might be a simple lack of funds in the appropriate states to address the situations, as the local authorities sadly may have to prioritize child neglect/abuse cases and attend to the most seriously desperate cases first.

    I heard Alison Arngrim at a book festival yesterday. She's best known for playing Nellie Olsen on NBC's Little House on the Prairie, but she's also been an AIDS and child abuse activist and has worked with PROTECT, a group that seeks to improve the laws that protect kids. She mentioned that PROTECT is currently working on getting better funding for tracking down pedophiles who prey on kids on the internet and/or post child pornography on line. Sadly, an increasing amount of the on-line child porn is "homegrown"--that is, people are uploading pornographic photos/film of their own kids or kids in their care. It's technologically possible to figure out when and from where these perverts are uploading the porn, which means they can literally catch them in the act and potentially not only arrest them but remove kids living in horrible situations simultaneously. Trouble is, they (the FBI etc.) don't have the funding to operate the technology consistently, because funding has been diverted to white collar crime. Arngrim acknowledged that's important too, but that PROTECT simply wants similar funding to protect kids as opposed to suggesting that white collar crime should get less.

    Anyway, if it's hard to get funding to track down pedophiles who are creating child porn with their own kids, I'd imagine the funding to check in on people like Amber and Farrah might be even more difficult to get, since as dysfunctional as they may sometimes be as parents, they're not deliberately exploiting their kids.

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