The restraining order that has separated Sheriff Ross Mirkarimi from his two-year-old son, Theo, may be amended on Wednesday. This modification would allow the two to reunite for the first time since January 13, when Mirkarimi was arrested on three misdemeanor charges of "domestic violence battery [of his wife], child endangerment, and dissuading a witness," to which Mirkarimi pleaded not guilty.
Eliana Lopez, his wife, has told reporters how much Theo misses his father. The boy has implored Lopez as to when his dad will come home; he runs upstairs to the window every evening, expecting Ross to return; he has spent hours crying and wondering where his father is. Mirkarimi recently bought Theo two news books to read until the restraining order is modified.
Yesterday when I was watching news coverage of the case, I witnessed Mirkarimi choke up when asked about Theo and say, "I miss my son terribly and he misses me...excuse me I have to go." It was probably one of the saddest, most touching quotes I have ever heard. Do you think it is just for this father to be kept away from the son he misses so much, especially when the possibility exists that his domestic violence charges may be false?
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I agree that if the charges were false then yes it would be wrong to keep Mirkarimi away from his son. However, (not that this is currently the case) many people guilty of various charges are also excellent actors / liars who may act / lie in order to gain sympathy or something else they desire. Therefore, I do not believe it is justified to change a restraining order in the assumption that his son will not be hurt or that Mirkarimi is not guilty.
The restraining order was enacted to ensure maximum safety and protection for Theo, as "domestic violence battery [of his wife], child endangerment, and dissuading a witness" are not light charges. However, if the charges are false, I do not think it was just for father and son to be separated. In the interim while the case is being settled, if the strong feelings are mutual between Mirkarimi and Theo, perhaps other methods can be arranged, such as visits between the two with other people present.
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