"Stupid Judicial tricks"
TOP REASON FOR QUESTIONING THE CASUAL ISSUANCE OF RESTRAINING ORDERS
Late-night television personality David Letterman last month received a temporary restraining order (TRO) barring him from making televised remarks or gestures that one female viewer claimed expressed his desire to marry her. The woman's TRO application claimed that Letterman had communicated with her -- in code and for more than 10 years -- causing her mental anguish, sleep deprivation, and bankruptcy. The order has since been lifted.
Although the absurdity of the accusation may be worthy of Letterman's famed Top Ten lists, the episode demonstrates the pitfalls of the TRO process, according to Research Fellow Wendy McElroy, editor of such books as LIBERTY FOR WOMEN and FREEDOM, FEMINISM, AND THE STATE.
"The seeming ease with which TROs are issued constitutes a problem for those who wish all restraining orders to be taken seriously," writes McElroy in her latest op-ed. "Any court order that can be obtained over the phone by stating a fear, or picked up at Window 3 in a little over an hour, trivializes the process.
"But a TRO is not trivial. It is a legal constraint upon another human being's freedom. It should be issued only in the presence of a real threat. False or frivolous applications should be viewed in the same manner as are false policy reports."
See "Abuse of Temporary Restraining Orders Endangers Real Victims," by Wendy McElroy (12/29/05)
http://www.independent.org/newsroom/article.asp?id=1643
Late-night television personality David Letterman last month received a temporary restraining order (TRO) barring him from making televised remarks or gestures that one female viewer claimed expressed his desire to marry her. The woman's TRO application claimed that Letterman had communicated with her -- in code and for more than 10 years -- causing her mental anguish, sleep deprivation, and bankruptcy. The order has since been lifted.
Although the absurdity of the accusation may be worthy of Letterman's famed Top Ten lists, the episode demonstrates the pitfalls of the TRO process, according to Research Fellow Wendy McElroy, editor of such books as LIBERTY FOR WOMEN and FREEDOM, FEMINISM, AND THE STATE.
"The seeming ease with which TROs are issued constitutes a problem for those who wish all restraining orders to be taken seriously," writes McElroy in her latest op-ed. "Any court order that can be obtained over the phone by stating a fear, or picked up at Window 3 in a little over an hour, trivializes the process.
"But a TRO is not trivial. It is a legal constraint upon another human being's freedom. It should be issued only in the presence of a real threat. False or frivolous applications should be viewed in the same manner as are false policy reports."
See "Abuse of Temporary Restraining Orders Endangers Real Victims," by Wendy McElroy (12/29/05)
http://www.independent.org/newsroom/article.asp?id=1643
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Big World Blog Homepage- http://www.bigworldblog.com
The next inductee to the Conservative Heroes Hall of Fame coming Monday Jan. 9th!
Conservative Heroes Hall of Fame- http://ronlisy.bizland.com/bigworldheroes/
Big World Blog Homepage- http://www.bigworldblog.com
The next inductee to the Conservative Heroes Hall of Fame coming Monday Jan. 9th!
Conservative Heroes Hall of Fame- http://ronlisy.bizland.com/bigworldheroes/
posted by RonL at 6:44 PM
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