British Judges Can Now Issue Restraining Orders Even if Accused Found Innocent

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[Waylon]

British Judges Can Now Issue Restraining Orders Even if Accused Found Innocent
August 27th, 2009 by Robert Franklin, Esq.

Recently I wrote a piece about a New Jersey court of appeals that criticized a lower court (and by implication, lower courts) for too readily making findings of domestic violence where none existed or where there was insufficient evidence of it.  Specifically, the appellate court pointed out that, contrary to the definitions of agencies like the CDC, verbal disagreements between spouses don't amount to DV.  I even dared to propose that actual domestic violence should actually exist and actually be found by a court to exist before that court issues orders contravening the rights of a party.

Well, so much for that idea.

British courts will now be permitted to issue restraining orders against individuals whom they have specifically found to have not committed DV, or indeed any other offense.  Yes, you read that right.  If a person is charged with a crime and found to be not guilty, the judge can still issue a restraining order if he/she believes there's evidence sufficient to "require restraint."

Now, if that all sounds vague and subject to abuse by judges, it is.  If this article is any indication, there aren't really any guidelines to limit the power of judges in issuing restraining orders (Telegraph, 8/21/09).  Neither that article nor this one spells out what circumstances will permit a judge to issue a restraining order against a person who's been found not guilty of any offense (Daily Mail, 8/21/09).  Maybe there are no guidelines.  But the real kicker is that an actual finding of 'not guilty' isn't sufficient to, for example, allow the accused to go home, be with his kids, etc.

Full Story: http://glennsacks.com/blog/?p=4148

[MixedBag]

That's gonna suck.
 
I just went through this and EX#2 STILL uses the fact that the magistrate granted a restraining order, ONLY to have the higher court dismiss it....and he said it twice "BUT The magistrate granted a restraining order" -- yea, based on only a small part of the entire truth.
 
Hopefully those restraining orders will end up being MUTUAL and only cover NORMAL stuff -- like not harrassing each other at work, in front of the children, at each other's homes....etc...type of stuff.