Presumed Guilty: On How Restraining Order Laws Enable and Promote Abuse

2020-09-12T00:48:55+00:00

> In criminal law, the state must presume that defendants are innocent; in civil law (restraining orders are civil instruments), defendants may be presumed guilty. What’s outrageous about this with respect to restraining orders is that public allegations made on them may be criminal or criminal in nature, and violations of restraining orders—real or falsely alleged—have criminal consequences. Due process and the presumption of innocence are circumvented entirely; and with these safeguards out of the way, a defendant may be jailed on no valid evidence or for doing something that’s only illegal because a judge issued a restraining order on false grounds that made it so. (A parent who’s under a court-ordered injunction may be jailed, for example, for sending his child a birthday present.)

Stock_Elevator · 2020-09-12T17:28:30+00:00

My BIL is dealing with this form of abuse right now. His ex constantly tries to entrap him, not just by contacting him herself, but using their own child to contact him and then switch them out with herself right after he answers.

Title	Presumed Guilty: On How Restraining Order Laws Enable and Promote Abuse
Author	runny_egg_world
Upvotes	18
Comments	3
Date	September 12, 2020 12:47 AM UTC (5 years ago)
Subreddit	Posted in /r/LeftWingMaleAdvocates
Original Link	https://old.reddit.com/r/LeftWingMaleAdvocates/comments/ir2yls/presumed_guilty_on_how_restraining_order_laws/
Archive Link	https://theredarchive.com/r/LeftWingMaleAdvocates/presumed-guilty-on-how-restraining-order-laws.1062832 https://theredarchive.com/post/1062832

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