PRESS STATEMENT
For Immediate Release - June 27, 2005
Contact: Laurie Harrison 785.232.9784 (office), 785.633.9703 (cell), or lharrison@kcsdv.org
Statement by Sandy Barnett, Executive Director of KCSDV
In response to Supreme Court opinion in Town of Castle Rock, Colorado v. Gonzales Supreme Court decided that domestic violence victims cannot sue if the police do not enforce protection orders
Topeka, Kan. - "We are extremely disappointed with the Supreme Court's decision that victims do not have a federal constitutional right to due process when their protection orders are not enforced," said Sandy Barnett. "The legal issue being argued in this case is not about whether police have to enforce protection orders or not. The legal issue is whether a victim can sue the police department when it doesn't enforce a protection order."
"Protection orders are still important tools for women who are seeking safety and protection, and we encourage women to continue to seek help from law enforcement when the orders are being violated," Barnett said.
"The Supreme Court has made a determination based on a very specific legal principle, and the Court's decision is not based on the importance of protection orders as a tool of safety for victims of domestic violence, sexual assault, and stalking," Barnett said.
The case was brought by Jessica Gonzales, whose estranged husband murdered their daughters, Rebecca, Katheryn, and Leslie, hours after he abducted them from their front yard. During the eight hours in which the girls were missing, the Castle Rock police department refused to enforce the protection order that Jessica Gonzales had against her husband.
"This case shows the real dangers victims and their families face when protection orders are not enforced," Barnett said. "The loss of Ms. Gonzales's children at the hands of their father is senseless and could have been prevented."
"No police department wants to be in Castle Rock's position today, defending their inaction before the country while three girls die at the hands of their father," Barnett said.
We urge all Kansans to remember that if they hear or see someone being hurt to call 911 immediately, and if they or someone they know needs support to call the Kansas Crisis Hotline 1-888-END ABUSE (1-888-363-2287). For a list of domestic violence programs in Kansas, visit www.kcsdv.org/ksresources.html or call 785-232-9784.
KCSDV is a statewide network of 30 domestic violence and/or sexual assault advocacy programs. KCSDV's member programs provide provide support and safety to the victims of domestic and sexual violence and stalking through direct services.
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