Prof. Barbara Barron Comments in Newsday on Enforcement of Order of Protection in Homicide Case

Professor of Legal Writing Barbara S. Barron was quoted in the following Newsday article.

Further mishandling possible in homicide case, cops say
By Kathleen Kerr
May 4, 2009

The matter of whether police properly enforced Bird’s order of protection remains murky. In New York, violation of an order of protection like Bird’s is grounds for immediate arrest.

“I believe he was at [Bird’s mother’s] house [once],” Smith said. But Smith said if Bird wasn’t there while Valdez-Cruz was, he might not have violated the protective order. Police are still investigating.

Barbara Barron, a Hofstra University law professor and former Manhattan assistant district attorney, said the law enforcement community needs to examine the way orders of protection are worded.

“I don’t think our law is lax,” Barron said. “I think what happens is you have problems enforcing it and problems with the nature and specificity of the stay-away orders of protection.”

Tim Motz, a Suffolk police spokesman, said, “If an order of protection is violated . . . the officer is required to make an arrest and, if the violator is not at the scene when the officer arrives, we will get the word out on police radio and endeavor to locate the violator.”

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