Temporary Restraining Orders

Imthere · 2016-01-15T19:05:40+00:00

"I know youre crazy as a shithouse rat but its safer this way than to award damages to plaintiff."

(Im not a lawyer so maybe this is particularly to California)

It's a California decision, but the judges are similar elsewhere.

FTA:

In this regard, we strongly emphasize the importance of extending single-judge calendaring to family law courts as soon as resources permit. ... [why?] ... it is still not uncommon for several different judges to preside over various stages of family law litigation, ...[and as a result] ... It may not be apparent until several meritless proceedings have been brought that one party is conducting a campaign of attrition against the other; meanwhile the other party incurs substantial attorney fees

Uh... OK. No one seems to notice that one party is bringing multiple false allegations? Doesn't the other side bring it up? If so, does the judge ignore them?

I read those statements as "The judges are failing to do their duty to administer the law and/or justice. Too bad, fuck you."

This case, however, does not involve any action outside of ordinary court proceedings (see Civ. Code, § 47) calculated to humiliate or inflict emotional distress. Accordingly, we conclude that the judgment [rejecting the claim of malicious prosecution] should be sustained on this cause of action.

i.e. You can file endless paperwork that you know is false and baseless. So long as you follow all procedures, it's not malicious prosecution.

There are more gems:

Simply filing or maintaining a lawsuit for an improper purpose (such as might support a malicious prosecution cause of action) is not abuse of process

i.e. abusing the process is not an abuse of process.

I think most judges live in an ivory tower where they don't get affected by their decisions. They have "bought into" the legal system as being "good". And will support the legal system against all reason, fairness, and justice, because the proper paperwork was filed.

That's about as evil as they come. "I was just following orders" has been used as an excuse, and rejected, since Nuremberg.

SigmundFloyd76 · 2016-01-16T00:21:20+00:00

Dude ruined by spurious EPO as a tactic in a divorce settlement here.

Can confirm everything.

MotherFuckin-Oedipus · 2016-01-15T22:32:30+00:00

As someone who was taken out three TROs, I feel that it's worth noting that they are, overall, a benefit. Yes, they can be abused, but there's a reason why they're so easy to get: going through a court for a full restraining order is often a drawn-out process and a TRO acts as a small safety net in the meantime.

They can be filed without your knowledge.

This is misleading. It's not like you come home one day and get arrested.

You have to be served with the TRO. Someone representing the court has to physically hand you your documents, and you'll get a date for a court hearing for the TRO.

Additionally, the court will determine what protections the TRO grants. You apply for it; you don't just get to say "Person X has to stay a mile away from me all the time!"

Title	Temporary Restraining Orders
Author	CaptSnap
Upvotes	30
Comments	7
Date	January 15, 2016 6:10 PM UTC (10 years ago)
Subreddit	Posted in /r/MensRights
Original Link	https://old.reddit.com/r/MensRights/comments/4149j0/temporary_restraining_orders/
Archive Link	https://theredarchive.com/r/MensRights/temporary-restraining-orders.963096 https://theredarchive.com/post/963096

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