Article: Recent Deaths Spark Restraining Order Concerns

POSTED: 7:02 pm PDT April 12, 2010
UPDATED: 7:53 pm PDT April 12, 2010

SAN DIEGO -- Two local murder cases this April have reignited the debate over the effectiveness of restraining orders.
More than a week ago, a Poway couple was shot to death by a neighbor. Days later in Vista, deputies said a boxing gym volunteer was killed and two others were shot by a fired trainer. In both cases, restraining orders were in place.
Victim advocates said in certain cases, restraining orders can escalate to violence. A study by local prosecutors revealed about half of the stalking victims said a restraining order made things worse.

In a separate study of domestic violence cases conducted by the National Coalition Against Domestic Violence, two-thirds of restraining orders were violated.
Debbie Comstock, director of the Family Justice Center of East County, admitted restraining orders are not an exact science.
When a case assessment is done and the victim knows the perpetrator could not care less about being arrested, Comstock said, “We probably wouldn’t advise her to get one in the case. A restraining order would probably not be effective against a perpetrator who doesn’t care about being arrested.”
One of the most well-known cases that led to debate over the issue was the 2003 murder of 14-year-old Evan Nash, who was shot 14 times by his suicidal father in Ocean Beach -- one day after his father was served with a restraining order by Nash’s mother.
Nevertheless, victim advocates said restraining orders can be an effective tool. Those served restraining orders usually have to give up weapons. Furthermore, when restraining orders aren’t filed, the results can be deadly.
In December, prosecutors said Christina Jones was killed by her boyfriend in Golden Hill, a day before she was going to file a restraining order.
Law enforcement sources said it’s hard to show, but in countless cases restraining orders have prevented things from escalating -- the challenge is determining which cases fall into which category.