A Judge rejected request for restraining order against husband by woman killed in murder-suicide......
Just a couple of weeks ago a Detroit Judge denied Maria Djelaj and other members of her family a court order of protection. Perhaps it would not have stopped a bullet. But, the Judge heard this case, and read the pleading, he will have to live with the blood stained gavel for however, long he presides over these types of hearings. I am not blaming the Judge. But a legal justice system, badly in need of revamping, is the only solution .
All the discussions surrounding this murder will not bring back Maria Djelaj , Beloved mother of Gina, Valentina, John and Kristina Djelaj. Until the criminal justice system begins to see this as a crime, you can continue to expect many more funeral services to follow.
3/21/2008 -Christina Stolarz / The Detroit News
SHELBY TOWNSHIP -- On March 10, just hours after appearing in court with her husband for a divorce hearing, Maria Djelaj filed court papers seeking a restraining order against him.
"He came straight in my face and said, 'I will break every bone in your body,' " she wrote in the request for the personal protection order.
The request was denied by Circuit Court Judge Antonio Viviano a day later, in part because Djelaj did not raise the issue during the hearing that had just occurred, county officials say.
Nine days later, she was dead -- shot by her husband, Djerdj Djelaj, who then turned the gun on himself. The couple, who had four children, were found in a Chrysler minivan behind St. Therese of Lisieux Catholic Church on Schoenherr north of 21 Mile.
"It is a tragedy and it's sad that this couldn't be resolved through the court system," said Roberta Sarkis, Maria's divorce attorney. Macomb County Medical Examiner Dr. Daniel Spitz confirmed Thursday that it was a murder-suicide; there was no evidence of a physical altercation.
The toxicology report is due back in about 10 days.
Maria Djelaj, 38, died from two gunshot wounds -- one to the head and one to the chest -- from a 9 mm handgun.
Djerdj Djelaj, 47, was found -- still breathing -- in the driver's seat with a self-inflicted gunshot wound to the head. He died early Thursday morning at Henry Ford Macomb Hospital in Clinton Township.
Viviano could not be reached for comment Thursday. But county spokesman Phil Frame said Viviano did not grant the protection order because it had not been mentioned at the divorce hearing and there did not appear to be a need to act on it immediately.
"A lot of times (personal protection orders) are granted after a hearing. That would have been a good chance to raise that issue," he said. It's not clear whether the order would have made a difference, said Carmen Wargel, director of community development for the Mount Clemens-based nonprofit Turning Point, which supports domestic violence victims.
Turning Point's office for personal protection orders served 2,500 people in 2007, Wargel said. About 58 percent of the county's domestic orders were denied last year, she said. "Judges sometimes, they don't feel the PPO meets the standard for the law," she said. "They feel they need to have a higher standard for restricting someone's rights."
10 comments:
Tragic, really if judges did their jobs, HA, many womnen would still be alive.
judge needs to be removed from hearing any cases in family court immediately.
I am a child of a domestic violence case that is very similar to this one. Exactly, how many murders does it take for the court system & judges to believe the victims? These days I miss my mother more than I could have ever imagined. I can't sleep at night knowing that my mother died in vain. How are your sleeping patterns doing Judge Viviano?
--mommas girl--
Because of the neglect of the court system (once again)...I am left without a mother. How many more children have to suffer?
You sure are a family man Mr. Viviano. Family man???!! HA! What about all those families you destroyed? Every little girls dream is to grow up and get married & have both her parents at their wedding. It is supposed to be the happiest day of a childs life. Instead these kids are going to be devestated when they look back down the isle & see that NO one is there to walk them down. Way to go family man.
This isn't the first time, either. Google "Paulette Litzan."
Vivianio has her blood on his gavel, too.
I wish someone would stop him.
Maria Djelaj was a quite, reserved young 38 year old women trapped in a horrific marriage of 22 years. Maria very seldom asked anyone for anything, however, on March 10, 2008 she had the courage to stand up to the one man she feared most. Maria pleaded to Judge Viviano because her safety was in jeopardy and she was DENIED her PPO request on March 11, and eight days later her worst fear came true--Her estranged husband shot Maria twice, once in the chest and one in the head in front of her two children. I'm glad Judge Viviano thought that the PPO that Maria requested was unnecessary. The prior PPO's that were issued to her estranged husband were always obeyed. The only thing Judge Viviano did besides help Djerdj kill Maria was that he destroyed the lives of four children, mother, father, brothers, sisters, family and friends, if this is the kind of help that Judge Viviano is providing DO US ALL A FAVOR --DON'T DO US ANY FAVORS like you did for Maria.
Both of the Judges Viviano have a screw loose. They think of themselves as some sort of latter day Mafiosos--the whole county snickers behind their backs.
Snickering and talking behind there backs is not enough. Voters have to be educated to get these jerks out of office. I believe they should not be voted in but have to earn the right to be assigned a position on the bench. If they receive bad reviews or negitive appeals to their decisions, thats the time to remove them. They should not be able to set up their own little kingdom and should have short terms. I'm not sure who can change the system, but I'll jump on the band wagon if someone can find out. SPREAD THE WORD. I DO EVERYDAY.
Judge Antonio Viviano not only failed this family. He sent children home to a mother who a few short months later murdered them. Now, just a few weeks ago he ordered children returned to a mother who psychologists testified was homicidal and suicidal, who had severely abused one of her children enough to cause that child to have serious mental health issues. This was this womans 2nd termination of parental rights trial, he denied terminationt the first time and denied it again. This Judge should have been removed long ago. One wonders what kind of personal relationship he has with her. Complaints here fall on deaf ears. He should have been removed from the bench long ago. Now we wait to see how long before the children he has ordered back home are murdered by this homicidal/suicidal parent. God help us all here in Macomb County Michigan
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