Restraining order efficacy concerns raised after fatal Casselton shooting

FARGO, N.D. (Valley News Live) - The effectiveness of restraining orders has been called into question by many in the Valley this week after a fatal shooting in Casselton.

Cass County Sheriff Jesse Jahner says 58-year-old Randell Burton was shot and killed early Monday morning after he broke into a woman’s home through two locked doors and barreled toward her bedroom. Court documents show Burton was ordered to have no contact with the woman due to an ongoing domestic violence case.

“Once a survivor has left that relationship and put that order in place, the lethality rises to a level we’re seeing scary numbers. And the reason is because that abuser has just lost all control,” Heather Barnack with the Rape and Abuse Crisis Center said. “Calling it just a piece of paper I think is a little disrespectful because there’s a lot of hurdles they have to jump through just to get this piece of paper.”

In order to be granted a civil protection order, a victim has to document the abuse or threats they’ve received, file it with the court, appear for a hearing and hope the judge grants it— Something the Rape and Abuse Crisis Center says unfortunately doesn’t always happen.

“Sometimes (the survivors) freeze. Sometimes they can’t express what has happened to them when their abuser is sitting right in front of them. Which is heartbreaking because if they can’t do that, then the judge has to deny the order because the respondent has rights too,” Barnack said.

At least 800 protection and restraining orders are currently out and active just in Cass County alone, according to the county clerk’s office. Both local law enforcement and advocacy centers say that number of people is just to high for them to do daily or weekly safety checks on.

“I constantly am trying to check on my people, but again, the numbers are so high,” Barnack said.

Both Barnack and law enforcement emphasize that doesn’t mean survivors are left behind.

“I always advise people if this person does come back, don’t hesitate on calling 911. That’s what it’s there for,” Sgt. Greg Dawkins with the Cass County Sheriff’s Office said.

“Being able to know that they can do something to make sure that this situation stops is very powerful for them,” Barnack said.

Sgt. Dawkins says it’s important for neighbors of victims to look out for any suspicious behavior, and says if you have fears the abuser may be in your area or could violate the protection order, officers can be requested to keep a heavier presence in the neighborhood.