Battered women who seek protection from the courts via restraining or protection orders are essentially depending on their abusers to honor those legal documents.

Too often, however, cases of domestic violence that result are dismissed by judges because women are afraid to pursue the case, a move that empowers the offender even more.

“Really, no one can protect them,” said Marilyn Zeidner, who is all too familiar with such cases as executive director of Genesis House, the county’s shelter for battered women. “Courts do what they can by issuing those orders, but as you see, it’s a piece of paper, and a man is either going to honor it, or he isn’t. When an offender is not held accountable for his actions, it reinforces his power, and he’s in control.”

Zeidner commented in the aftermath of a shooting Tuesday afternoon that left Lynn Nolan, 37, with multiple gunshot wounds of the face, shoulder and arm. She was shot about 4 p.m. at her Cambridge Avenue home by James Nolan, from whom she recently was divorced, according to Elyria police.

James Nolan died of a self-inflicted gunshot wound in the driveway of the home, according to police. The couple had had mutual restraining orders against each other as part of their divorce case.

The divorce was final on Feb. 6, according to court documents.

A close family friend who declined to be named said James Nolan ignored the order and frequently went to the house, which led a fearful Lynn Nolan to call police many times. The friend said James Nolan had become increasingly aggressive.

Lynn Nolan had just gone to police again Monday for help in keeping him away, the friend said.

“It’s really important for the court system to focus on the offender if a crime is committed,” Zeidner said. “When you ask a woman (in court) what she wants to see happen, as in seeing the man go to jail, she’s apt to say no because when you ask her, you’re really asking him.”

That’s why some women don’t show up for court appearances in domestic violence cases, which eventually leads to them being dismissed, Zeidner said.

“It appears they are being uncooperative, but it could be that a man threatened them if they showed up (in court), got a protection order, or saw to it that he went to jail,” she said.

And when a woman does show up, her fears of retaliation by an abusing husband or boyfriend or other male with whom she has a relationship are so great that it often leads to her recanting earlier accusations.

“When she does show up in court, she’ll say it was a mistake or ‘I lied’ or made it up,” said Zeidner. “They’re much more afraid of him than a prosecutor or judge.”

Some women would rather be charged with falsification than “face retribution at home,” Zeidner said. “It’s very hard to sort it all out as to what happened in one of these incidents in 10 or 15 minutes (in court) when a relationship has gone on for years.’’ 

Tuesday’s tragedy led Zeidner to reflect on the “Silent Witness” exhibit of photos of Lorain County women who have died as a result of domestic violence since 1989. The photos have been displayed annually in various locales around the county, including Lorain County Community College and the Lorain County Courthouse.

 “I believe there have been 27 women … I hope she doesn’t become one of them,” she said.

Contact Steve Fogarty at 329-7146 or sfogarty@chroniclet.com.

 

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