Currently, protective orders are only provided during regular court hours to victims of domestic abuse. However, the occurrence of violence has no time frame – it does not only take place or transpire on a nine to five time clock. Therefore, I propose that legislation should be pushed forward which allows District commissioners the authority to put temporary restraining orders on people accused of domestic violence. It is important to note that victims may not receive full protection until the existing false impressions, held by some judicial and public safety officials, about the proper issuance and enforcement of protective orders are rejected.
It is often considered that a protective order, being a civil order, should not be handled or enforced by police. This type of power should not be distributed, uncontrollably, to police officers. Since a court issues a protective order, some mistakenly believe that the police should not be able to arrest a person who violates the protective order because the person is in contempt of court – not disobeying the law. The proposed legislation would destroy these misconceptions by changing the state constitution to allow District commissioners to not only grant protective orders but also at night and on the weekends to safeguard “victims” of domestic abuse. Domestic violence is defined as threatened or actual abuse from someone in the victim’s immediate family or in his / her home or with whom she / he has a close relationship. Temporary restraining orders are issued by a court to restrict the conduct of a person while providing a victim with protection from the activities of an abusive person.
... in a legal action. Habeas corpus Latin: a court petition which orders that a person being detained be produced before a judge for ... later date during a hearing against the witness. Injunction A court order that prohibits a party from doing something (restrictive injunction) or ... occur after a plane or train accident where all the victims would sue the transportation company together in a class action ...
A temporary restraining order is usually issued after an ‘ex parte appearance,’ an appearance in court by one party without the other party present. It states that a person is to refrain from particular acts and to stay away from specific places. The temporary order is effective only after it has been served on the restrained person.