Restraining Orders: Can They Really Protect You?

Placer County, California, has been known for its judicial ineptitude and poorly handled cases. I was recently contacted by a woman, sent various evidence on a situation and asked if I would tell her story to the public. I agreed after viewing the mess that she had to endure. The allegations are serious in nature so this opinion editorial will only touch on the facts as presented to me by first hand witness testimony and supporting evidence.

This story involves a woman that has been violated in many ways including rape (on tape, no less) allegedly by her ex-husband. So far, Placer County has declined to prosecute due to "insufficient evidence" that a jury would believe. "Not only was the rape video taped, I was unconscious the entire time as well. (This is noted in the statement given by the officer that viewed the tape). When the perpetrator, my ex-husband Troy, was arrested in front of the court house for the original charge, he stated to the police officer who arrested him when asked about raping his ex wife on tape, "you cant even see my face on the video tape." Misty Boganes opens up about the brutal incident and her ex-husband arrogantly laughing it off.

Her home was also broken into, her papers ransacked and scattered. A report was filed, but nothing was done. The file of police reports and court documents is very lengthy and undoubtedly disheartening to the victims.

Mrs. Boganes had a restraining order, supposedly preventing her estranged husband from coming anywhere near her. The restraining order, it seems, is not worth the paper it was written on. Since it went into effect, Misty attests that her ex has assaulted her, stabbed her, threatened her, raped her with a foreign object and made her life miserable. She has documented evidence for each of these instances.

" The stabbing was never prosecuted and is still an unsolved case. It took place in El Dorado County at my home that was one of the many locations that I moved after the restraining order to hide from him. At this time, my ex husband was 38. His mother gave him an alibi stating that she "happened" to check on him at 3 am and he was asleep." Mrs. Boganes talks about the vicious assault. This weak "alibi" from his mother was enough for the judge to dismiss the case against him despite Mrs. Boganes testimony and injuries.

The judge, Frances Kearney, has consistently failed to hold Troy Boganes accountable for his behavior according to Mrs. Boganes. Attached to one of the court files given to me shows one possible and very probable explanation, it is a business card belonging to Troy's mother. She is employed by Placer County, her title of employment: "Placer County District Attorneys Office Victim Witness Program Supervisor." According to Mrs. Boganes' mother who was present in court, this county employee is on good terms with the judge, and she has personally witnessed a very blatant "wink and nod" exchange between the judge and the accused during a serious court hearing that involved the physical abuse of their son at the hands of his father. "My son came forward and admitted that his dad had hit him more than once in the head and he did not want to go to his house. I flew from Tennessee for an emergency hearing. My son is represented by a court appointed attorney Rebecca Bowman. Even after my son begged her to not send him to his dad's, she lied to the court. As I told my side to the Judge, she told me to be quiet."

But the extreme bias doesn't end there. Witnesses in the court room during a hearing that took place after the Boganes child died were shocked and appalled at the obvious bias and disrespect of Judge Kearney toward Mrs. Boganes. This judge looked at Troy Boganes and gave him heartfelt condolences about the passing of his son while Misty, the child's mother looked on, rather stunned at the very personal exchange of friendly discourse between the two as she was even given the respect of being acknowledged. Misty had a clearly concerned look on her face while the judge refused to address them both or include her in the condolence speech. Then, after Kearney was through politely speaking to Troy, she turned to Mrs. Boganes and said, "You!! Don't think for one second I cant see that smug little look on your face!"

Unfortunately, this type of unprofessional behavior which is more than merely unbecoming of a judge, was not the only incident. "When I have told her about the rape accusations she flat out accused me of lying. He has denied that the charges were even filed! All I ever asked was for her to please pull his criminal file so that they can she I was telling the truth and that he is very dangerous. She never would. Kearney even went as far as to order me to release my address to him, knowing that there is a criminal restraining order!" Mrs. Boganes explains her frustration. This type of bias should never be tolerated in any court of law.

The court documents and police reports which I have viewed, assuming they have not been tampered with, clearly shows that there may be a strong case for proving malfeasance (the performance by a public official of an act that is legally unjustified, harmful, or contrary to law) on the part of both the District Attorney's office and the judge. This of course, is an option that Mrs. Boganes will have to decide to pursue with an attorney. Usually, the court system upholds the law and enforces restraining orders, especially when evidence is provided to prove unlawful behavior against the victim.

Troy Boganes was ordered by a second judge to attend anger management classes for a longer period of time than Judge Kearney originally ordered. Mr. Boganes did not complete any of the classes and, according to the victim, he was again not held accountable for refusing to obey the order.

Placer County has failed this woman, by not protecting her and not upholding the law. She states that she has endured abuse, terror and brutality at the hands of her ex husband all while dealing with the loss of a child, cancer and a stroke.

" Placer County refuses to protect me. I have been denied help from Placer County Victim Witness due to the "conflict" with his mother and her supervisory role in this department. There is no where to turn. It is my firm belief that I will die at his hands one day. As long as he remains free and is not held accountable he will continue to victimize me."

In theory, the law enforcement and judicial system are supposed to work together for the safety of society. Justice is supposed to be impartial and even handed, without regard to the name, relationship or position of the people involved in a court case.

Cronyism and nepotism seem more important than the administration of justice according to the many victims of the Placer County court system. According to the files and Mrs. Boganes statements, she has done everything by the proverbial book and the authorities in Placer County have done nothing to provide her with justice. The restraining orders are written in clear English and should be easily understandable to any officer or court.

It should not matter than Troy Boganes is the son of a Placer County official. What should matter is that he has repeatedly defied court orders. If all the documents are in their original condition, there has been a serious miscarriage of justice which needs to be remedied.