Restraining orders are urgently encouraged by many, including the police. They reward impulse and can be procured in moments. Everyone may goad you to act, including friends and family, which can exert a coercive influence on your decision. This is what they don’t know and you won’t be told.
- Application for a restraining order may cost you nothing, but that doesn’t mean it’s free; the taxpayer foots the bill (which by some estimates may run from $1,000 to $2,000).
- Accordingly, “your” restraining order is not yours; it’s the public’s, bought and paid for.
- The court, the district prosecutor, and the police represent the public interest; the restraining order is theirs. You are just the complainant, and your control ends there.
- The court may allow you to recant your allegations and vacate the order if you reconsider, or it may not, and the system will act on those allegations regardless of whether you want it to; you have nothing to say about it. You can whine, wheedle, and beg, and it won’t matter; process is blind and deaf, and you have made the accused vulnerable to incarceration by placing a target on his or her back.
- Once you introduce an allegation publicly, it becomes a permanent public record.
- That record may be aired publicly by anyone anywhere and anytime in accordance with the First Amendment. That includes in a blog, on YouTube, or in a newspaper.
- To accuse someone is to make it a criminal offense for that person to communicate with you. You have no power to “allow” exceptions to what a court orders. You concede your adult right to exercise personal discretion when you petition the court to assume a parental role in your life.
- To accuse someone publicly is furthermore to make him or her subject to warrantless arrest, subject to automatic enrollment in public (including police) databases, and consequently subject to prohibition from certain forms of employment and denial of the benefits that would otherwise accompany that employment (traces of the record do not dissipate; they’re permanent).
- Since this will likely be objectionable to the accused, it can set in motion a cycle of reciprocal accusation and prosecution besides create enduring strife in families and social circles. Legal action cements a lasting distrust and enmity, and makes it impossible (because illegal) for anyone to talk things out and reach a detente.
Copyright © 2015 RestrainingOrderAbuse.com
*A restraining order is not “just a restraining order.” The point of restraining orders was to cull and identify violent abusers, and the imperative promoted by feminist proponents of “women’s law” is to make that label permanent and punitive.
Angela's Respondent
December 23, 2015
Agreed that a restraining order is never “just a restraining order”. It is a step towards criminal prosecution. Also a restraining order may be granted specifically on the basis of conduct that is a crime under state law. For example, in the state where Angela has a restraining order against me, such an order may be granted on the basis of “sexual intercourse or sexual contact under §940.225; stalking under §940.32; or attempting or threatening to do the same.” It wasn’t even entirely clear under which specific grounds for a restraining order the orders against me were granted. However the fact that the language for a restraining order references multiple specific criminal statutes clearly shows that the intent is to brand the person a criminal–if only by the standard of “preponderance of the evidence”. It is then an obvious next step to proceed to prosecuting under the higher standard of “beyond a reasonable doubt”. The restraining order is, in short, a first step in building a case for a later criminal prosecution.
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