She was really sympathetic and apologetic, and after talking about the supreme court ruling, said "but, remember this court is open 7 days a week, and the police are available 24/7 for you need it"
First of all - I am angry for you that your Supreme Court has undermined the lower courts important work to assist people to be safe... I'm hoping someone challenges that one sooner than later and this ruling is overturned. What a stupid law.
@Sweetleaf please don't take this the wrong way.. I get that you are feeling dismissed by the system and your sense of vulnerability - physical and psychological is now soaring but the Judge did appear to mention and remind you that the police and that court are there for you. Small comfort after the fact.... I know :cry:
However the Judge's comments are not a complete dismissal. That is not - not believing you. That is the Judge saying she cannot make an unenforceable Order. It's not just illegal is would have very bad consequences. As bad as it all is... it was the right thing for that Judge to do.
It would be a really bad idea to give an Order that in effect would 'create' a 'victim' in the perpetrator.
Imagine if he was to threaten you and you called the Police and showed them the hypothetical Order...they arrested him and brought him before the court. Because the Supreme court has made that ruling your Order would not be legal. The perpetrator would walk, he could sue almost everyone and be emboldened in his belief that he can try out further stupid things against you. That's a mess and I'm sure you don't want that to happen.
I cannot imagine why the Supreme Court made that ruling but I know it simply isn't good enough! The legislature are going to have to get more creative and make laws that provide for a remedy and protection in situations like yours.
I know that it should not take an incident to happen - minor or major - before you can ask the state and the system to step up and provide you with protection. Remember though you feel abandoned right now....that you can still call the Police and you should the very moment you feel any threat. Always err on the side of caution.
You haven't mentioned if the perpetrator was actually in the court to hear about this decision. If he wasn't present when the Judge delivered her ruling does the court notify him that the old Order has expired or does the court not bother sending out a letter to let perps know this? It would be worth finding out bc he may not be keeping an eye on the expiry date of the old Order - just as you were surprised by how quickly it came around.
I know it feels like the only thing between you and the perpetrator now has been taken away. But don't let it get too big in terms of perceptions. It was an Order that provided you with a sense of protection or, if you like, a fast track for the perpetrator to be locked up and returned to the Court if he violated it.
It didn't actually provide you with a physical barrier - you have been doing that yourself. You have been protecting yourself - not that Court Order.
The Court Order was only enforceable after an act by him. Remember with his history and those existing Court records you are more than half way there if anything untoward should happen. Again... I know... small comfort in reality. :hug: :hug: