PFA (restraining order) wrongfully denied- sort of...?
by BrokenSoldier
01.27.10 - 11:06 pm
Military members have no state of residence? Battered wife has no justice? Why? <br /><br />As a previously beaten and abused wife, I must say that I can see why the men who abuse their wives get away with it. AND I can see why it is so hard to get out from under the thumb of such a person. I was once weak and thought there was nothing for me, no where for me to go, nothing I could do to help myself. I was afraid of my husband, but more afraid to leave him. After several years of degradation, humiliation, rape, torture, and a very strong will to live... I left. I moved 40 miles away, but was still not far enough from him. His threats and violence continued. But I did nothing. Thinking that if I did nothing, it would stop. Thinking that if I did press charges- it would get worse. And now it is too late. For some reason, I am unable to get the judicial system to see who he really is, what he has done, and what he is capable of. Why? How long will I be looking over my shoulder, afraid to leave the house? How long will I sleep with the lights on, afraid of what may come from the darkened hallway? Will I hear him when he comes for me? How bad will it be? Will they know it was him? Will he get away with it, again?<br /><br />I am now a soldier in the United States Army. I have a wonderful support system in place that reassures me of my safety here in Georgia. So, I sleep a little better these days- although I do still keep the lights on. While I am stationed in Georgia, I seems I spend as much- if not more time in Alabama. I am a legal resident of Alabama, pay taxes in Alabama, hold an Alabama drivers' license, and I am registerd to vote in Alabama. So how is it that I would be denied a Protection From Abuse because the Talladega court has no jurisdiction? Well, I was. After being denied because it was said that I was not a resident, I submitted documents provided to me by the US Army regarding the Service Members' Civil Relief Act (SCRA). The SCRA states that I am in fact a resident of Alabama. I thought that I would be granted the PFA after this was submitted to the court, but rather than being granted the PFA... nothing happened. It was not denied again. It was not granted. It just sat there. Why? Because someone has some sort of influence over someone else? Or perhaps someone's job lies in the hands of another person? Political influence? Maybe. You tell me. I have even contacted the Attorney General- the secretary informed me that I should reconsider filing a formal complaint as it could have an adverse affect on my own attorney's career. So, do I have to get an out of state attorney that has no political ties in the state to get something accomplished? <br /><br />
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