Victims of domestic violence have been running up against this brick wall for years. Police can’t issue a restraining order until crazy spouse or ex or stalker actually does something, and sometimes, what that person does is fatal.
That’s not true at all. Lots of other states have passed laws criminalizing these sorts of things, as Bricker has noted, and these laws have been upheld, or at least not been repealed by the Supreme Court. Michigan could take this as an opportunity to enact a Cyber-Bullying Law. It’s apparent to me that one is necessary in this instance, so it might be apparent to the legislators of Michigan.
While I’ve never had to take out one or had one taken out against me, I’ve had several co-workers and friends over the years who’ve been in the situation and the most frustrating thing is the element of classism.
Examples:
A teenager who was being “nobody could call it anything other than stalked” by a psycho who even used his capacity as a student worker to find out what classes she was taking and sign up for them, who she saw everywhere when she was out on a date (it was clear he was following her) and who wrote psycho poems to an unnamed woman who matched her description, some of them expressing the desire to rape the unnamed woman, wasn’t able to get a restraining order because he’d made no direct threats. This girl was white but from a working class family and ultimately moved to get away from this guy.
An employee of my mother’s who was poor and black was being stalked by an ex live-in who repeatedly threatened to kill her if he caught her with another man- including on her voicemail- and broke into her house, piled her clothes on the floor and poured Clorox over them. She was unable to get a restraining order because his name was still on the lease of their house and the voice recordings weren’t taken seriously since he didn’t have a criminal record. (It sounds cruel to say, but “luckily” he was involved in a completely unrelated bad car accident that left him unable to stalk her for long enough for her to move.)
Meanwhile a girl from a wealthy politically prominent family was able to get a restraining order against an ex who had not threatened her or stalked her other than to say something like “I should kick your ass!” during a bad argument. Infuriating.
These are anecdotes but on my oath they’re true. I would guess it’s reflected in other places as well.
Well, if there’s probable cause to believe he’s a danger to hmself or others, we can (usually, depending on the state) be forced to undergo an evaluation.
But while we armchair psychiatrists are saying he’s nuts, that’s a far cry from probable cause. So far as I can tell, he hasn’t threatened physical harm to anyone. He’s just acting weird.
I mentioned in a post in the other thread yesterday that Armstrong’s started a motion to have him disciplined and possibly disbarred. I doubt it will work but the publicity is at least branding him a nutcase.
Why do I get the feeling that if he is somehow disbarred or dismissed, he’ll be welcomed with open strait-jacket arms by some organization like the Family Research Council, the American Family Association, the Alliance Defense Fund, the Faith & Freedom Coalition or something similar?
Yeah, after watching the Daily Show segment, my wife turned to me and said “oh my god, he is such a closet case. I’ll bet Armstrong shot him down for a date and that’s what’s pissing him off so much.”
Shirvell’s response cited freedom of speech precedents and 92 handwritten pages of original Saved by the Bell Slater & Zack slash fiction with Photoshopped illustrations.
Shirvell is the victim in all of this. At least according to his lawyer:
I think that what will probably be most likely to get him into any trouble is calling Nancy Pelosi’s office and telling them (when Armstrong was an intern) they were employing a racist.
I’d assumed that might be the reason for his obsession (what other explanation could there possibly be?) but hadn’t actually seen Shirvell speak before they aired that segment. But yes, he definitely pings the gaydar.
Has Shirvell ever given his own explanation of how he knows Armstrong or why he’s targeting him?