<p>NOBODY SHOULD CONSIDER THIS LEGAL ADVICE. </p>
<p>First, Teri, what is required to get an order of protection varies from state to state. In at least some states, you can get a temporary order ex parte–meaning without the alleged abuser being notified. You do have to go before a judge who will ask questions. This happens the same day you go to court in most cases. If you sound at all legit, i.e., not insane, the judge signs the order. In NYC, the cops serve it on the alleged abuser. The order doesn’t take effect until the alleged abuser is served. If the victim has given enough info–abuser works here, lives here, etc., that happens pretty quickly. </p>
<p>In NY, both family court and criminal court issue them. My understanding is that it’s easier to get one from family court. Dating someone is sufficient to enable you to go to family court. There’s no criminal charge involved. If you claim someone else is bothering you, e.g., your landlord or your neighbor who dislikes your dog, then you have to go to criminal court, where it is harder to get an order.</p>
<p>Im many states there is a hearing to determine whether the order should be left in effect and whether it should be modified. Again, here in NYC, most family court judges will leave them in effect, though some modifications may be allowed. </p>
<p>One situation in which protective orders are effective is that in which the abused person wants to move out to a safe location. You’ve got time to get out of Dodge–to pack up your stuff and have it loaded into a U-Haul or moving van. Some judges will include other people in the order. The alleged abuser can’t contact the alleged victim’s roommate, relatives, or employer, for example. (So, if the abused has gotten a new job, the abuser can’t legally show up at her old place of work and ask folks if they know where she is working now.) They too can call the cops and have him arrested if he shows up if they are covered by the protective order. </p>
<p>Second, IMO, protective orders can help even on college campuses. A student abuser can be prohibited from emailing, texting, calling, etc. the alleged abused. He can be prohibited from entering her apartment building or dorm or sorority house. He can be prohibited from entering the premises of any work-study job she has. He can be told he can’t go within 100 yards of her. In GH’s case, he might have been ordered to stay away from the lacrosse field when the women’s team was practicing or playing. (He could ask the judge to modify the order if they were in the same class or in some other special circumstances. However, these would probably be circumstances in which OTHER PEOPLE WOULD BE PRESENT. ) </p>
<p>I haven’t seen any reports that said GH threatened YL in a classroom. Each event seems to have happened when he had been drinking heavily. Maybe if there had been a restraining order and GH said–as he reportedly did–that he was going to YL’s apartment to get her back, one of his buddies would have said “You know you don’t want to do that George; you’ll end up in jail for violating the order” and at least TRIED to talk him out of it. Maybe someone would have even picked up the phone and alerted the cops, so that they could have picked him up the moment he walked into YL’s apartment building.</p>
<p>Yes, lots of speculation, I admit. However, one thing is sure–IF A PROTECTIVE ORDER HAD BEEN IN EFFECT the UVa and Charlottesville cops would have been keeping an eye on GH. At least two sources say that there was an altercation at the Boylan Heights burger bar between YL and GH. One source says it was earlier the same night she died. Other sources say it was Saturday night. In either case, if someone had called the cops and there was a PO, GH would have been picked up and would not have spent all day Sunday drinking, as the press reports say he did.</p>
<p>I’m not saying a PO would have saved YL’s life–just that POs should be available as an option that might help.</p>