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Old March 9, 2018, 11:09 AM   #3
zukiphile
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Join Date: December 13, 2005
Posts: 4,457
I don't think the concept is terrible, but execution invites problems. My state recently introduced temporary protective orders (something unlike traditional injunctive relief with a TRO and preliminary injunction prior to the final order). There are enough problems with it that some jurists doubt whether aspects meet constitutional standards.

The idea behind these TPOs is that someone who feels threatened could file a protective order against the person from whom they feel the threat. These are almost always filed pro se with some assistance from a social worker or legal aid attorney.

An ex parte hearing (a hearing in which the alleged threat isn't present in court) is held. An order typically issues with some kind of prohibition against the absent party. Police officers may collect items pertinent to the order. The matter is set for hearing within several weeks. I've defended only one. It lacked any merit, but was granted until the later hearing. In the meantime, my client had the keys to her rental properties taken and her rights as a landlord violated.

One judicial anxiety is that a TPO would be used by a criminal gang prior to executing someone.

If an angry girlfriend seeks vengeance and obtains such an order against you, how will the police store your arms? Will they file a number across the top of your trap gun? Will you get them back? How much time and money will it take to get them back?

Does the grant of an initial meritless TPO show on your public record so that you need to have it expunged so it isn't an issue in every subsequent background check, including NICS?

New procedures often don't work smoothly or as anticipated.
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