The US supreme court will hear oral arguments on Tuesday in a case which gun and domestic violence prevention groups are warning could be a matter of life and death for thousands of abuse victims and their families.
Tuesday’s hearing on United States v Rahimi is seen as one of the most consequential cases with which the nine justices will grapple this term. At stake is how far the new hard-right supermajority of the court will go in unraveling the US’s already lax gun laws, even as the country reels from a spate of devastating mass shootings.
Also at stake, say experts, are the lives of thousands of Americans, overwhelmingly women, threatened with gun violence at the hands of their current or former intimate partners.
What a terribly biased headline and summary. This is not about those who have done wrong, just those ACCUSED of wrong doing. We have no idea if they are guilty, just that someone accused them. In the US we normally say innocent until proven guilty,.and here is one of the most common ways someone innocent is accused.
If there is a domestic violence restraining order, it’s not just that “someone accused them”. Ironic you call the headline terribly biased. If a court has to put in on paper that you’re such a threat to someone that you get a restraining order, it makes sense you lose your guns too.
Bad guys with guns and good guys with restraining orders… Yeah that makes sense.
A restraining order is given at request. It’s exactly that someone accused them and there’s no evidence needed.
Restraining orders are great tools for abusers.
You’re conflating different things, at least for most places.
Sometimes temporary restraining orders don’t need evidence. They still need a judge to agree there is probable cause. You don’t just submit your application online and get an order in the mail.
Restraining orders of all types do have some burden of proof.
The only burden of proof is your word about previous abuse, or threats of abuse.
In a perfect world, this would always be true information stated by someone who needs protection. It is often, however, a reaction of someone vindictive and accustomed to having power over someone else.
All you need to do in a full out the form and sign it in front of the clerk. Any lawyer will probably tack on on to the filing of there’s anything contested about the divorce.
When someone leaves an abusive relationship, it’s a very dangerous time. I’m not saying that guns help in any way, but if you were going to kill someone for leaving you, you may as well get the state to say they can’t be armed.
And that is why you have a judge. Who can decide based upon the evidence to remove your right to bear arms.
There is at least enough proof to issue a restraining order, though. They don’t do that frivolously.
In order for a restraining order to be useful it needs to be issued on no proof at all. It takes a lot of investigation to find enough proof issue them - time that actual abusers can use to harm their victims even more. In short they are frivolously issued by nature. Then we do a proper investigation and determine if there really is something going on.
100% a restraining order is given without evidence, a domestic abuse charge requires evidence.
When someone who is abused leaves the relationship it’s a very dangerous time for them. Plus, I don’t like the state being able to take action against civilians without the burden of evidence.
I know what your saying but the person in question in this case should 100% not have a gun and way involved in domestic violence with a gun. And multiple accounts of gun violence after the domestic abuse order was issued.
Not all accusations are equal. It’s not like I could have a random stranger’s guns taken away by accusing them of domestic violence.
Depending on the red flag laws in your state (if any)… Yeah, you could. They might get them back fairly quickly–a few weeks to a few months–but you still could have them taken. Just like you can get someone shot by SWATting them, even though that shouldn’t happen.
Seriously? Biased…against people who have a clearly defined motive to use a gun for murder. I don’t see the problem.
The fact that you are taking the side of people who have no problem using violence to get their way, however, is extremely disturbing.
I’m staying neutral. Some have no intent to use their gun for murder.
Ok. Some do. But, who cares about the victims I guess? I mean, some won’t shoot anybody, so that makes everything ok. Totally balances out with other people getting murdered. Wow, how did we not think of this before!?
What about the victims of false accusations? Do they not deserve any sympathy?
Ok, umm, guess now we can kill even more people, and it’s all gonna balance out? Weeee.
We get it; what you really support is making sure that those you consider to be less than you can be murdered as easy as possible. Truly an admirable quality!
Yeah, and they’ll probably side when the accused abuser, even though they didn’t give a single fuck when it was people accused of nebulous terrorism ties not being able to fly.