Jul 24, 2014
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Complex domestic violence law left victim exposed
On Monday, Solano was allegedly abducted at gunpoint by her ex-boyfriend, Stanislav Osherov, 22, of Massachusetts, and taken to a Nashua motel, where she was allegedly tied up and sexually assaulted.
“On a personal note, I think judges — none of them — ever want to see anything happen to someone,” said Kelly. “Each of us has a job to do, and we have to look at what the law says.”
Kelly acknowledges that domestic violence petitions are sometimes difficult to understand, and that he often retrieves a copy of the state statutes to review when making decisions on specific requests.
“There are some statutes that tend to create confusion,” he said, stressing the domestic violence and stalking petitions are very similar.
Although Solano’s domestic violence petition was denied, she admits that a court clerk in Derry offered her a stalking petition to fill out as well. After the first restraining order was rejected, however, Solano said she already felt defeated and didn’t see a reason to fill out the similar paperwork.
Kelly emphasized on Thursday that the domestic violence statutes are highly specific and that a credible threat must be made in order to grant a restraining order.
Solano told the New Hampshire Union Leader this week that she knew her former boyfriend was going to hurt her eventually, and that her instincts prompted her to seek a restraining order last week. Solano says she is frustrated that the court system failed her after she tried to prevent her horrific experience earlier this week at Motel 6 in Nashua where Osherov engaged in a standoff with police for about 10 hours.
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