Sleeping Disorder Could Send Husband to Jail

Randi Kearns is used to being awakened in her sleep because her young son suffers from night terrors. However, on February 20 Mrs. Kearns woke up to something else – her husband Adam punching her. After Adam Kerns struck his wife in the face three times, he promptly rolled over and went back to sleep. Mrs. Kearns was taken to a hospital by paramedics after calling 911, and Adam Kearns was charged with assault. A judge has ordered the couple to live apart under a no contact order.
Randi Kearns insists that her husband is not a violent man, and does not want to raise her three children alone. Adam Kearns says he has no memory of assaulting his wife of ten years because he has an REM sleeping disorder which makes him act out his dreams.

Should a judge be able to force a husband and wife to have no contact with each other when there is the possibility of future violence occurring, or should the family be able to live together?

Shaun Hautly
I think in most cases where restraining orders are issued, the protected person is quite relieved to have the protection. However, in this case it seems that a judge has issued the sentence much to the dismay of both parties involved. If I am imagining this case like all others, there is a prosecutor and a defendant. The father is clearly the defendant, but who is prosecuting here? Who wants, so badly, to keep these people apart? If they were kids, if this was a routine occurrence, if the mother was afraid, if he had a history of violence, if he was hurting the children as well, then by all means, sentence him. However, the wife wants him back, he wants back, it just begs the question: who wants these people apart so bad?

It seems like the legal system should withdraw their sentence. The doctors, wives, and general public seem to side with this level-headed couple. Unless we hear a convincing case from someone who wants these people apart, then I don't see a need to enforce such a lose-lose situation for this family. Obviously the court has the authority to separate two people, but it seems like if they're not unhappy together than it's a little silly. This case is slightly more serious than my closing example, but if your bed-mate snores, and you can deal with it, then no one should come between you.

Jeff Weiss
I can actually see both sides in this situation. The couple has been married for ten years and have had no prior issues of domestic violence, and they raising small children together. They want to get past this one-time incident and move on with their lives. The judge, however, has a responsibility to maintain the law and there is no saying that if Mr. Kearns suffers from a sleeping disorder that causes him to act out his dreams, he may very well dream about taking on Mike Tyson tomorrow night. And then what?

If the Kearns are allowed to live together until the matter is settled and Mr. Kearns happened to have another sleep-punching incident that inflicted harm (or worse) upon his wife, just imagine the lawsuit that would follow. While I am sympathetic toward the family during this time, I can't say that I don't disagree with the judge. Let's just hope there is a speedy resolution to the case and Mr. Kearns finds medical assistance for his sleeping disorder.