Friday, February 15, 2013

The University Asks for a Restraining Order

As I recentlwrote, Marty went before a judge last Friday. That's when he learned the charges against him.

What I haven't yet written about the hearing (as relayed to me) is how the crown prosecutor, in arguing that Marty poses a threat to the university, disclosed that the university had earlier tried to obtain a restraining order against Marty.

Now, getting a restraining order (actually called a 'protection order' in MB), while not an onerous affair, is neither a trivial one. One government source says:

Anyone applying will have to provide evidence under oath about the stalking or domestic violence.
Another document describes the process of requesting a hearing, filling out an application, and finally going before a hearing court where a Judicial Justice of the Peace:
will review your application, affidavit and any verbal evidence given, and make a decision.
And here's the thing: they tried, and failed.

Yes, the university, all lawyered up as befits a major public institution, went to the courts, made their case (presumably consisting of claims that Marty poses a danger to them), and were rejected.

Now I don't have a date on that application, but as I said above, last Friday, the prosecutor disclosed it while arguing for Marty's continued incarceration.

And the judge did not consider this rejection relevant enough to be exculpatory. The judge essentially treated the trespassing order that was in effect as if it had the legal force of a protection (aka restraining) order.

Marty told the judge that, in finding against him, the court was giving the university '"for free" what they failed to get through normal avenues, bypassing his right to due process.

To no avail.

Today is the eighth day of Marty's imprisonment.


  1. Look under:

    Do a name search and you will see when they tried to get the restaining order.