Here are two responses to Jason Leopold's email on restraining orders: one from
William Boardman, an assistant judge in Vermont, and one from Julie Sigwart of
Take Back the Media.
(If anyone can shed some light on how they get restraining orders in Ohio--
Connell lived in Akron, which is in Summit County--please feel free to send
me something.)
Meanwhile, we're still waiting to find out if Connell did in fact
file for a restraining
order on Larisa Alexandrovna, as James Renner has reported Heather Connell's
having said to him.
MCM
Dear Mr. Miller,
I'm an assistant judge in Vermont and I have dealt frequently
with restraining orders. Jason Leopold seems to be correct
as far as he goes, but probably incomplete.
While I don't know Ohio law, the way it works in Vermont
is probably not so different:
1. Complainant files complaint with police for TRO
(temporary restraining order)
2. The complaint goes before a judge
3. The judge grants OR denies the complaint, based
on the limited circumstances
4. If denied, complainant goes back to square one
5. If the TRO is granted, the court must set a hearing
within ten days (in Vermont) and the defendant then
has the opportunity to challenge the TRO, present
evidence, call witnesses, etc.
6. After the hearing the court determines whether or not
a permanent restraining order will issue, and under
what terms.
If ANY of this happens -- starting with the filing of a
complaint -- there will be a public record.
Anyone can "contemplate" a restraining order as much as
he/she wants, but it's meaningless till a complaint
is filed.
An intermediate step I've seen is for complaint to have
a lawyer write a letter to the party to-be-restrained
asking that party npt to do whatever is deemed
objectionable. This might achieve the desired effect,
but it has no force of law.
best,
William Boardman
Woodstock Vermont
From Julie Sigwart:
Restraining orders are issued preemptively.
A judge issues a Temporary Restraining Order (TRO) right away in case
there may be an immediate danger and then later there is a hearing
for a Permanent Restraining Order where the judge hears both sides
and makes a decision - and that happens weeks later. Until that time,
the TRO is in full effect and is a real restraining order.
If a judge didn't order a TRO and then harm came to a person as a
result, then the judge could be sued.
So if I don't like you, I could fill out a TRO with absolutely no
evidence other than my sworn statement, and it would be granted. I
could say you came to my house, threatened to harm me, and you would
be immediately restrained from having any contact with me in any way
or having any of your friends contact me on your behalf. And if you
call me, and you don't know about the restraining order, I could call
the Police and immediately have you arrested. I could even invite you
over, then call the Police and have you arrested. Prove I invited
you. I can prove I have a piece of paper that says you're not
supposed to be anywhere near me. Guess who goes to jail?
This pops up in family court all the time. All the time.
-j
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