I hear people complain that restraining orders can be obtained under less than meritable circumstances. Have you seen this to be true in practicality?
Restraining orders are no exception to being abused and could be obtained through false pretenses. However, the Court does put the person under oath and believes a person is filing for the order in good faith.
In my experience of working for a Judge and being involved in legal support for the past 30 years, I have seen all types of abuse including the filing of restraining orders under false pretenses to benefit something else. For example, filing a restraining order in district court to help with a strategy to win a probate custody case is not a rare occurrence. It’s unfortunate, but it does happen. I have a case where a couple is getting divorced, and the husband filed a 209A restraining order against his wife claiming he was in fear of his life because she burned his guitar in their firepit after she caught him cheating. She hired my business to expose the truth. It was discovered that the husband reported in divorce negotiations that he was not in fear of my Client and would drop the restraining order if she gave him what he wanted in the divorce. Although this is outrages, it is a reality in today’s world where people will do anything to win their case including misrepresenting facts to the court. In this case, the district Court Judge was not happy and dismissed the restraining order. My client was very happy with our services.
Wow, I did not realize a Judge would change his mind on a restraining order. Does that happen often?
No, because most restraining orders are issued in good faith and usually for the right reasons. However, when you have a case where you know the facts do not add up; it a good idea to invest in an LPDAM member to who can uncover the truth. Our work product stands up in Court! Joe, I would like to add that most restraining orders are issued after an alleged incident or a heightened anxiety type situation occurs. The Judge wants to protect the alleged victim while trying to ground the defendant’s ager before any action takes place. Overall, restraining orders save lives!
What are the standards if any, go into a Judge deciding to issue a restraining order?
There is a low threshold for a Judge to issue a restraining order. The Judge has a lot of discretion. A Judge is highly criticized when they do not issue a restraining order, and someone gets hurt or is killed. The law is designed to allow the defendant to contest the restraining order at a hearing that is required within 10-days of the original order. To better answer your question, although subjective, if the person says, something happened and I an scared for my life; it the restraining order gets issued.
What happens if the person violates a restraining order?
It becomes a criminal complaint. These can be hard cases to defend. Hiring a LPDAM member investigator is a must because chances of incarceration are high when found guilty of this type of violation. At LPDAM.org, we know our business. We can help you in your time of need, or when you have been wronged. Our members are the best in the private investigative industry! Remember, you’re in good hands with LPDAM.
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