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Laughing At Restraining Orders

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The_Professor:
And I have known people who were served with restraining orders who really didn't deserve them, and people who deserved them didn't didn't get served. It does appear that the rationale is not consistent.

Perhaps it all comes down to having a good lawyer? I would hate to believe this, but is that all it requires?...

Plane:

--- Quote from: The_Professor on October 11, 2006, 07:17:32 PM ---And I have known people who were served with restraining orders who really didn't deserve them, and people who deserved them didn't didn't get served. It does appear that the rationale is not consistent.

Perhaps it all comes down to having a good lawyer? I would hate to believe this, but is that all it requires?...

--- End quote ---


If you were a judge , on what grounds would you turn down an applicant for a restraining order?

If this person turned up injured or dead later you would be impeached , no matter how flimsy the evidence or unlikely the accusation.

Michael Tee:
<<That ridiculous TRO was dismissed last December . . . >>

Isn't that proof right there that the system works?  Some TROs are really needed, others not.  If nobody gets a restraining order in the first instance, everyone who really needs one is left at risk.  If everybody gets one the first time, some poor bugger is unjustly inconvenienced.

So faced with a choice between a system which can be structured so that it leaves some vulnerable women and children at risk, and one which (at least theoretically) leaves no women or children at risk, but some adult males unjustly inconvenienced - - it's a no-brainer.  If some woman doesn't get the restraining order and she then is killed by a vengeful spouse, what are we going to say?  "Oh well, at least some poor innocent guy somewhere wasn't inconvenienced?"

Now that's the theory of the thing.  In practice, as we all know, those things often aren't worth the paper they're printed on, as deterrents.

Plane:
"...In practice, as we all know,..."


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Is this knoledge truely widespread?

Michael Tee:
I was speaking from a purely Canadian POV, but I'd be surprised to find out that it's any different in the USA.  A guy who's crazy enough to want to kill his wife or GF is just not gonna be deterred by the restraining order.  The only people it deters are those who just want to hassle somebody.

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