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Fighting Restraining Orders


Judges are afraid not to issue restraining orders and often refuse to judge. In the words of most lawyers they "give them out like candy" because they are "afraid of the six o'clock news" on the 1 in 300 men that might actually be violent. As a result men are immediately stripped of all constitutional rights in Massachusetts and many other states when a woman just says the word "fear" to a judge. The statues allow "reasonable fear" to be used as the basis for an order to issue but does NOT define what reasonable is. Is a past history of violence necessary? No! Must the defendant have threatened the plaintiff? NO! And the standard for evaluation seems to the the "she said" standard - the lowest legal standard in the land where if she says you did something you are guilty. NO proof, no evidence, no due process!

You need to fight every restraining order issued and appeal it. See below for the list of other pages with restraining order related information.

The 209A provides that either  party can request a hearing at any time. Just because it expires in a year does not mean you have to wait a year.

So wait a month or so, as to not piss the Judge too much and file to schedule an evidentiary hearing per your right.  It will take a while to schedule it. Judges hate them because they have so many RO's, they would do nothing but have RO hearings if they administered TRUE justice and DUE PROCESS. Thus they do all they can to strong arm parties to not have one.
 If every party gets a fair hearing (and not  just motion hearing/discussion standing in front of the Judge) the SYSTEM will collapse of its own weight.  The Judges know this and fight to not have this happen by ignoring your rights. The mentality of the  system says they must issue under certain circumstances and in the end they believe they will have to issue, so they try to short circuit DUE PROCESS.  They totally ignore the exposure of facts which might demonstrate there is NO reasonable fear.
In Virginia EVERY PARTY gets an evidentiary hearing although there may be a EX PARTE initial order.  EVERY PARTY also gets an attorney if he can afford one. The result is that there are very few orders because there are not enough Judges and courtrooms to handle 50,000 a year. The number issued here is in the 1200 to 2000 range (or whatever the number was I published a while back ).
Demand DUE PROCESS and the RO's will disappear under their weight.  Only real, serious and deserving RO's will be able to get through the system as the Judges see they use their brains. All other RO applications will appraised as "unreasonable"  and DENIED. . This is certainly in line the recent ruling providing for "reasonable fear must be shown".
I heartily encourage every RO holder to demand his rights for a hearing and appeal if he doesn't get one. And follow-up on the appeal.  The Judges will hear from  the registrar office (grapevine or whatever) that they (judges) are creating a logistical nightmare because every RO is appealed. I know Judge Moynihan used to keep up to date on my filings that way.   He was irked I appealed everything.  Of course I did, because that protected my right to appeal. If I did not file an appeal notice, I could not change my mind later after the time limit.