domestic battery

[Childrencome1st]

Oh, I am sorry. I am not to sure of all the rules on the board yet. Thank you for explaining.

 

[CdwJava]

I agree, It is just known fact, that there are many times restraining orders are used as a basic to gain advantage in child custody cases.

Yes, the are often sought in such disputes, but that - by itself- does not show they are unfounded.

It was just in the paper the other day that in NJ, 92% of restraining orders granted in the content of child custody cases are based on false accusations.

Sorry, I don't buy that. How could they POSSIBLY prove that? And if they did, you'd now be reading about a flurry of prosecutions for perjury and contempt of court. If this number was cited.it was a number that came out of the arse of someone advocating against them and are not based on any objective evaluation.

You wouldn't care to post a link to the article, would you?

I do not dispute the fact that you may have read such a number, but I do dispute the fact that such a number - or any figure given with any degree of certainty - is remotely valid.

It is called, abuse of the legal system. And, again that is why the restraining order laws are being looked at by legistration/congress.

I have not heard that at all.

The current standard is still the same as in any other civil matter - that the facts must be shown by a preponderance of the evidence. Statements ARE evidence. They always have been, they always will be. How much weight they are given is a matter for the trier of fact (the court) to weigh.

It is a pity that TROs are abused, and more so when a court grants them as a matter of course and with little convincing. But, like ANY court proceeding, there are lenient judges and there are hard judges. There can be no perfect system for TROs or any other court proceeding.