Browsing All posts tagged under »restraining order expungement«

An Aggressive Approach to Restraining Order Policy Reform: Threaten to Sue the State Courts Administrator in Federal Court

February 3, 2016

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Restraining orders are public records, and recent posts have concerned or commented on their publicity and the unavailability of having their traces expunged even if orders are dismissed by their petitioners or otherwise vacated. This post highlights the pioneering efforts of one Missouri civil rights lawyer to upset the imbalance by threatening to file a federal lawsuit. “Unless expunged, […]

States that MAY Allow Records of “Protective Orders” to be Expunged…and Why They’re So Few

January 26, 2016

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“The consequences that arise once a protective order is entered against a person (the respondent) are substantial. Though technically considered civil proceedings, protective orders have a close relationship to criminal law. The consequences of having a protective order entered often include restrictions on constitutional rights in addition to financial obligations. Violations of protective orders bring […]

(Straw) Hats off to Tennessee, the One State in the Nation That Has a Provision for Expunging a Bogus Restraining Order

January 24, 2015

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“TCA 40-32-101(a)(5) All public records concerning an order of protection [ex-parte, exparte] authorized by title 36, chapter 3, part 6, which was successfully defended and denied by the court following a hearing conducted pursuant to § 36-3-605, shall, upon petition by that person to the court denying the order, be removed and destroyed without cost to […]