this post was submitted on 30 Jun 2023
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The problem is that it's not "proven"; the only side presenting any evidence is the person seeking the protective order. If you make it an adversarial process so that the subject of the protective order can try to refute claims by the person seeking the order, then sure.
But right now it's strictly one-sided. Most places do require some form of evidence, but that evidence doesn't have to meet normal evidentiary standards, and the evidence isn't being questioned in an adversarial way.
Personally, I'm not comfortable removing rights when the person losing rights can't contest it.
If you had some stranger threatening your child, how much proof should you need before getting a restraining order?
actually, you should need enough proof to show the stranger made those remarks, yeah?
like, people make false accusations all the time. like... how many times have karens called the cops wanting exactly this to happen?
Edit to clarify: you need to satisfy a cop that the subject actually represents a persistent threat. That cop then can issue a protective order of a relatively short duration (days, typically), while the courts decide-adversarially- if it is indeed warranted.
Police don't issue POs in any jurisdiction I know of. You have to go to court for that. Police can't do more than ask them nicely to go away until you get a court issued PO signed by a judge.
The vast majority of evidence shows that people don't tend to go around falsely accusing their loved ones of crimes just for kicks and giggles. Yet every abuse apologist loves to polish up that argument every single time.
I'm trying to give you the benefit of doubt, but you do realize that making these arguments in this way puts you squarely aligned with the most consistent group of murderers in the world, right?
"People are being hurt and terrorized, and need to be protected!"
"But we couldn't possibly take away a few guns until we sort this out, because an entitled violent person's right to have a gun is way more important than thousands of innocent murdered women and children, right!...Right?"