- "The role of the government is to PROTECT rights that cannot be taken away"
Sadly, restraining order abuse has recently emerged as a very potent tool to gain tactical advantage in divorce or separations. Those on the receiving end of restraining order abuse typically find it to be extremely disruptive in their lives, limiting access to their children and property.A restraining order is a court order limiting the contact of one individual with another or, as in a case involving children, several others. This includes direct physical contact, phone and mail contact, contact in the home, contact at work, etc. For instance, a restraining order may prohibit a person from coming within 100 feet of their own home. These are brought on by litigants claiming they need protection from abuse or stalking from another person.
It is far easier for a party to get a restraining order now than ever before because federal laws have changed substantially within the last 15 years. In addition, many states have enacted other laws making for wide disparities among the states as for abuse potential.
Collectively, this greatly reduces the burden of proof needed to get restraining orders and otherwise exploit them.The burden to prove that a restraining order is not called for or the terms of it are not reasonable has largely shifted to the recipient of it who must then fight for their rights through lengthy court proceedings and expensive legal representation.
Often this occurs while simultaneously being homeless and having their personal property under the control of the accuser. "Separation from their children" during stages in the litigation can be very lengthy and lead to "parental alienation." The resulting hostility between separated legal combatants can be tremendous and can certainly spill over to affect their innocent children.Many restraining order injunctions appear to be misused as one form of dirty tricks or as a method to harass the other party or to gain custody of minor children.
My concern is for men that are wrongly convicted on restraining orders with no proof to support these allegations or based solely on the word of an angered ex-partner.Worse still is the way the the law has no consequences when the woman violates her own retraining order. I feel women should be held accountable for their actions also, and in most states they are. Victim services and Eugene courts need to know both sides and have proof before making decisions that impact peoples lives.
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