COURT ORDERS OFTEN IGNORED

Court orders of protection can be an effective deterrent to abuse and harassment. But to someone who's dangerously obsessed, a court order isn't much of a barrier.

"There is a law against assault," Cape Girardeau County Division IV Associate Circuit Judge Pete Statler. "There is a law against murder," but "an emotionally disturbed person really doesn't care about that little piece of paper."

Such was the case Oct. 2 in New Wells when Jerald Amos Nelson murdered his wife at her home. The couple had separated, and Linda L. Nelson had filed for divorce after three years of marriage. Linda Nelson had been granted a restraining order against her husband in August.

Cape Girardeau County Sheriff John Jordan said an ex parte order is a useful tool for police officers.

"But when it comes down to protecting a person, it is just a document," Jordan said.

Statler said that so far this year he has issued 359 ex parte orders. He is on a pace to issue about 150 more before the year's end. In 1994, 374 ex parte orders were issued in his circuit.

Statler attributes the rise to the increasing awareness of domestic violence issues and a greater willingness of people to get out of abusive relationships. While most ex parte orders are filed by women, many are filed by men.

To get an ex parte order of protection, the petitioner doesn't have to produce a lot of evidence, but must fill out a form listing claims of abuse, harassment or stalking.

The ex parte order is good for 15 days, at which time the petitioner and the person whom the order is placed on, appear before a judge.

If the petitioner doesn't show up for the hearing, the order is dropped. If the respondent is a no-show, petitioners get what they want. If both parties appear, the hearing moves ahead.

"Frequently the respondent will say I don't care, I'll stay away," Statler said.

At the hearing, the burden of proof is on the petitioners, but they only need to prove their claims by a preponderance of evidence, a much lower standard than is required in criminal proceedings.

"That is a lot less than beyond a reasonable doubt," Statler said. "It could be just a little bit more (evidence) than the other guy had."

If the judge sides with the petitioner, the protection order becomes permanent. The permanent order is good for 180 days and can be renewed without the petitioner having to show evidence of further abuse.

If the respondent ignores the order, he faces criminal charges. The first offense is a misdemeanor. Any later violations are felonies.

But petitioners often are unwilling to press charge, which can undermine the ex parte order.

In the Nelson case, a violation by Jerald Nelson was reported by his wife a month prior to her death. But she decided against pursuing the charge.

"Even though in a lot of cases these people get orders, they still have feelings for those people because they were in love at one time," Jordan said. "Ultimately in some cases, someone ends up getting hurt because they did not press charges."

Statler said some people frequently come to him alternately asking him to either issue or revoke a protection order against abusive spouses or family members.

Although they sometimes are reluctant to follow through, Statler said he won't close the process to them.

Jordan said it is important that people who think they need protection cooperate with law enforcement so the system can work. There are times when one person either loves someone or hates someone enough to kill them.

"If a person has an ex parte and is still being bothered or continually abused, they need to go to law enforcement, make them aware of it and press charges, because domestic violence escalates," the sheriff said.