How Restraining Orders Make American Civil Procedure Contemptible (Russian Teacake, Anyone?)

TALKING BACK to restraining orders

  1. Accusers are presumed to be truthful, so it falls to the accused to prove they’re innocent. Accusers are charged nothing to file a complaint, which requires only a few moments of time, and face no risk of prosecution if the complaint is false. Preliminary rulings are formed in backroom meetings between judges and accusers alone.
  2. If an accuser is represented by a lawyer, who is an “officer of the court,” the presumption that whatever is alleged is trustworthy doubles, because lawyers are honest, scrupulous, and would never represent a false claimant to turn a buck.
  3. Accusations may be filed in any jurisdiction in the country, and answering accusations made in a county or state other than the one s/he resides in requires that the accused appear in that county or state, possibly within days. If s/he fails to appear, a default judgment against him or her will be entered (possibly signifying…

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