3 ms·
I think domestic violence (alone, really) gets special treatment, because often there is simply not time to adjudicate the issue with full due process, so they
by ddoolin 3y ago
I think domestic violence (alone, really) gets special treatment, because often there is simply not time to adjudicate the issue with full due process, so they usually grant ex-parte TROs for a few weeks and give the alleged abuser a hearing date/time to dispute the allegations.
I don't believe a TRO is really proof of any kind of guilt and nobody should be fired because one is filed, but I'm not sure that level of nuance gets through.
EDIT: Reading again, sounds like the guy probably filed some kind of police report against her and got the DA to file proper charges, which is a whole other can of worms, in which case I agree on both counts.
- s1artibartfast 3y agoAfter reading up on it, it was a bit of both. They either know how to game the system or got lucky they filed a lot of death threats while the tro is pending and Then followed up with more after. The main legal error was that a judge granted a final restraining order based on he said she said. They then filed many more claims of death threats. The da did drop the charges due to lack of evidence, but the criminal switched jurisdictions to keep playing their game
- dredmorbius 3y agoIn theory, at least, TROs are minimum-harm practice. If two people can't get along, separate them. What I'd suggest as a balancing mechanism to avoid the abuses which, yes, do in fact happen by that means, is to make the orders mutual. That is, neither party may come in contact with, approach, or communicate with the other, and both are subject to further legal restrictions for violating those terms.