Domestic violence (DV) is a serious problem. Every state has a procedure in place that allows persons to obtain protection or restraining orders intended to prevent contact from alleged abusers. The process to initially obtain a protection order is fairly quick and simple. A person can usually go to a county courthouse, write out a short statement explaining what happened and why an order is necessary, present the paperwork to a judge and obtain a temporary order within a few hours .In some jurisdictions if the incident just happen a person can start the process by calling the police department.
The restraining order is usually served by law enforcement on the person being restrained. Temporary orders are typically effective for 10-14 days at which time a formal court hearing takes place giving the restrained person an opportunity to respond, present evidence and contest the order. After hearing arguments from both sides, a judge will either dismiss the case or sign an order which can last for an indefinite period.
While the system is designed to provide quick assistance to victims of domestic violence, this process can easily be abused by making false accusations that can result in devastating results for the person accused. Since it only takes one person’s statement without any supporting evidence to get a temporary restraining order, the target of that order may immediately lose access to a home, property and children and suffer damage to his or her reputation. Continue Reading →