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Talk:Protection order

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a restraining order needs 2 be set by court as an injuction doesnt

Bases for a restraining order and types

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This article needs to be severely edited as it doesn't describe the types of restraining order or how to go about getting one.68.222.6.181 (talk) 06:04, 3 July 2009 (UTC)[reply]

In US, just go to city court. Women, children, elderly are helped through the process. It is tough for a guy to get one. You have to show proof of a threat. 70.162.93.21 (talk) 06:28, 23 April 2012 (UTC)[reply]

keeping distance

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i want to know more about how far people must stay from each other, how this is enforced, and what happens when the restrainee is approached by the restrainer, and any extenuations for breaking this cushion. — Preceding unsigned comment added by Barnsward (talkcontribs) 02:44, 20 July 2011 (UTC) Depends. Usually 100 yards.70.162.93.21 (talk) 05:47, 23 April 2012 (UTC)[reply]

communication and conflict resolution

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How do the parties proceed to resolve the conflict, if they wish to do so peacefully or otherwise? I'm most interested in how they communicate now.

Is the other party informed about the offense? If there is any question why the order is present, who should they contact?

Burden of proof and misuse?

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Ellen Epstein is wrong. It is very difficult for a man to get one. Proof of a threat must be shown. Women are helped through the process as law defaults that women are "always victims" and "unable" to be aggressors. Men can be threatened, too, but the law is very gender biased.70.162.93.21 (talk) 05:51, 23 April 2012 (UTC)[reply]

Burdens vary vastly across (US) jurisdictions. In many places, no threat needs to be shown.108.18.74.119 (talk) 12:11, 22 August 2014 (UTC)[reply]
True, but the reality is laws surrounding family court are usually purposely written to be vague so that the judges have wide latitude in "doing the right thing". It's not that the law is gender biased, but family court judges often are. I'm not blaming them. If you 95% of abuse cases that come into your courtroom are women who have been abused by their husbands, you would probably develop a bias pretty quickly, through no fault of your own. Ookoshi (talk) 18:07, 22 August 2014 (UTC)[reply]

Reference for Mississippi statute

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Can we get a better reference than http://michie.com/mississippi/lpext.dll?f=templates&fn=main-h.htm&cp= ? Thanks. Hetaires (talk) 23:09, 18 November 2014 (UTC)[reply]

Restraining order vs. protection order

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Maybe we should split some of the content off into a protection order article? Colorado states, for example, "Most states refer to restraining orders involving crimes against persons as 'protection orders.' The FBI maintains a protection order file of civil and criminal orders involving domestic violence and stalking in order to assist in interstate enforcement and insta-check gun background checks. Recommendation: Create a title or an article that addresses all issues of restraining orders intended to provide protection for an individual. Change the name of restraining orders intended to protect an individual from threats, harassment, fear of imminent bodily harm to 'protection orders.' By changing the name, there would be a distinction from other restraining orders, making it easier to enforce across state lines and making it easier to determine which orders should be sent to CBI to be maintained in the restraining order registry." Also, federal law refers to "protection orders". That seems to be the new language favored by legislators. Landmartian (talk) 20:36, 26 November 2014 (UTC)[reply]

I think I have to disagree. Restraining order is the most common name. Please read:
  • Restraining Orders - abuse_selfhelp in California says: »quote»A restraining order (also called a “protective order”) is a court order that can protect someone from being physically or sexually abused, threatened, stalked, or harassed. The person getting the restraining order is called the “protected person.” The person the restraining order is against is the “restrained person.”«unquote«
  • Difference Between Restraining Order and Civil Protection Order Ohio also has 3 types: »quote»Both a restraining order and a civil or criminal protection order (CPO) may order an abuser not to abuse or harass a victim of domestic violence. However, in Ohio, these orders are very different legal tools. – A domestic relations court may issue a restraining order in a divorce or legal separation case to protect one spouse from the other, abusive spouse. The restraining order remains in effect and is enforceable as long as the divorce or legal separation case is pending. It expires upon the termination of the divorce or legal separation case. Enforcement is limited. – If the abusive spouse violates the restraining order, the protected spouse may file a motion for contempt against the violator in the same court which granted the restraining order. Police and other law enforcement officers do not enforce restraining orders. As a result, the burden of enforcement is upon the protected spouse and his or her attorney. – By contrast, law enforcement officers anywhere in the State of Ohio must enforce civil or criminal protection orders, preferably by arresting the violator under the State's preferred arrest policy set forth in R.C. 2935.03(B)(3) and 2935.032. Law enforcement officers must also respond promptly to any report of a violation of a protection order. In addition, a protection order - especially a civil protection order - may contain additional provisions such as evicting the abuser from the parties' home, awarding temporary child custody or temporary support to the domestic violence victim, or ordering both parties to obtain counseling.«unquote«
Protective order redirects to injunction.
  1. Restraining order is the most common with 6.27 million google hits.
  2. Protective order is next with 2.22 million google hits.
  3. Protection order is last with about 1/2 million google hits.
For what its worth. 172.164.13.28 (talk) 19:59, 5 January 2015 (UTC)[reply]
You're right. "In 2003 the Colorado legislature was swept by a wave of political correctness that exceeded even their usual corrupt standards and renamed "restraining orders" to "protection orders" despite the fact there is no evidence to suggest such orders, by any name, have ever protected anyone." Ferberson (talk) 04:43, 15 January 2015 (UTC)[reply]