Woman found dead had restraining order against ex

[308Mike]

Do NOT count on a piece of paper to protect you from violence:

Strangled woman had court order against ex
Cary Scharbarth described as “open-hearted to everyone”
Written by Pauline Repard
2:51 p.m., Nov. 26, 2011
Updated 10:52 a.m. , Nov. 27, 2011

CARLSBAD — Detectives found the body of a missing Carlsbad woman in a remote area of the county Friday night, authorities said Saturday.

The county Medical Examiner’s Office confirmed that 34-year-old Kathleen Cary Scharbarth’s body was found a few minutes before 8 p.m. on Friday.

Authorities did not say where in the county she was found. The cause of her death was strangulation, the medical examiner reported Sunday.

Her ex-boyfriend, Michael David Robles, 43, of Fallbrook, was arrested by Carlsbad police Friday on suspicion of kidnapping and killing her.

Robles is being held without bail and is scheduled to be arraigned at 1:30 p.m. Tuesday at the Vista courthouse.

Scharbarth’s cousin, Robert “Bear” Scharbarth of Leucadia, on Saturday recalled her as kind, sincere, “always open-hearted to everyone.”

He said she is survived by her daughter, Madison, 13, her parents, Ryan and Virginia Scharbarth, her brother, Michael and sister, Melissa.

“It’s unfortunate this whole thing happened, but deep down I know she’s going to a better place,” Robert Scharbarth said. “Her number one priority was her daughter. She’s going to be missed.”

Scharbarth graduated from San Dieguito Academy high school and owned a furniture importing company called Ardanas. She lived with her daughter on Via Puerta, a block east of Melrose Drive.

Scharbarth filed a complaint of domestic violence on Nov. 17 in Vista Superior Court, and obtained a restraining order against Robles. Her cousin said he had met Robles twice, and “thought he was a nice guy. Now, if he did this, I hope he rots.”

She was reported missing from her home on Thursday morning.

Her current boyfriend had left her home late the night before, then returned on Thanksgiving morning, Scharbarth’s birthday, to have breakfast together, according to media reports. He reportedly found the door to her house open and her 13-year-old daughter asleep inside, and then he called police.

Scharbarth’s father said that she had planned to join the family for Thanksgiving.

Sheriff’s search and rescue teams helped Carlsbad police search around Carlsbad and Fallbrook for Scharbarth on Friday. Detectives seized property from her home and Robles’ home on Baja Vista Drive.

10News, The San Diego Union-Tribune’s media partner, went to Robles’ home on Saturday and reported that Animal Control officers had left a notice on his front gate saying they had seized his pets, including cats, birds and chickens.

Carlsbad police Chief Gary Morrison said at a Saturday afternoon news conference that officers had “worked around the clock on a very solid investigation” that led to Robles’ arrest.

Morrison announced that detectives had located a body that matched the description of Scharbarth, and added, “this was not the outcome we had hoped for.”

“The investigation is ongoing,” Morrison said. “And I am sure you understand that right now our goal is justice for Kathy and the Scharbarth family, so I hope you will understand that we are not going to release any additional details at this time.”

Staff writer Keli Dailey and Kristina Davis contributed to this report.

[doc Russia]

Wow. The article says she only met him twice. WTF happened for her to take out a restraining order after only meeting the guy twice?
It's very unfortunate, especially for her daughter. I wonder if her fears for her daughter may have kept her from getting a firearm. And her daughter is reaching that age where she really needs a mother.
And a father.
Now, she has neither.
Just awful.

[Termite]

I wonder if her fears for her daughter may have kept her from getting a firearm.

I'm not getting your point. Her daughter is 13. That's way past the "worry" age for parents with inquisitive kids.

I really don't understand the mental processes of a woman who is in fear of an ex-boyfriend, yet refuses to deal with firearms. It is stupidity. Men are stronger than women, even on a pound for pound basis, with heavier bone structure that can absorb more punishment, and generally much quicker. It is stupid for women in danger to refuse dealing with a firearm, which dramatically levels the playing field.

[Greg]

I really don't understand the mental processes of a woman who is in fear of an ex-boyfriend, yet refuses to deal with firearms. It is stupidity. Men are stronger than women, even on a pound for pound basis, with heavier bone structure that can absorb more punishment, and generally much quicker. It is stupid for women in danger to refuse dealing with a firearm, which dramatically levels the playing field.

Hard to say. But all too believable nowadays. After all, there are apparently lots of people who think gun control is a good idea too- restraining orders and gun control are much alike.

[Cybrludite]

Much as I hate to quote the Dipsey Twits, "Earl walked right through that restraining order and put her in intensive care". Or, in this case, an early grave. The only practical use for a restraining order is to help show that she really was in fear for her life when she gave him two in the chest and one in the brainpan.

[Greg]

Much as I hate to quote the Dipsey Twits, "Earl walked right through that restraining order and put her in intensive care". Or, in this case, an early grave. The only practical use for a restraining order is to help show that she really was in fear for her life when she gave him two in the chest and one in the brainpan.

Yep. Because it certainly isn't going to do anything to restrain the kind of person it's supposed to restrain. The only person who's going to *obey* it is the poor schmuck who's just entering the beginning of the punitive breakup/divorce - suddenly being unable to go within 100 yards of where you live, ever, with zero warning or recourse, is a neat trick for a vindictive soon-to-be-ex to pull.

[randy]

The only practical use for a restraining order is to help show that she really was in fear for her life when she gave him two in the chest and one in the brainpan.

THIS!

[308Mike]

For those not knowledgeable about Commiefornia laws, here's a legislative defense to a CCW violation when faced with a situation like the one I posted (CA Penal Code):

12025.5. (a) A violation of Section 12025 is justifiable when a
person who possesses a firearm reasonably believes that he or she is
in grave danger because of circumstances forming the basis of a
current restraining order issued by a court against another person or
persons who has or have been found to pose a threat to his or her
life or safety. This section may not apply when the circumstances
involve a mutual restraining order issued pursuant to Division 10
(commencing with Section 6200) of the Family Code absent a factual
finding of a specific threat to the person's life or safety. It is
not the intent of the Legislature to limit, restrict, or narrow the
application of current statutory or judicial authority to apply this
or other justifications to defendants charged with violating Section
12025 or of committing other similar offenses.
(b) Upon trial for violating Section 12025, the trier of fact
shall determine whether the defendant was acting out of a reasonable
belief that he or she was in grave danger.

[Lokidude]

The only practical use for a restraining order is to help show that she really was in fear for her life when she gave him two in the chest and one in the brainpan.

I've long held, restraining orders are there to give the cops something to arrest/prosecute on.