Restraining Order - Burden of Proof and Misuse

Burden of Proof and Misuse

Misuse of restraining orders is claimed to be widespread. Elaine Epstein, former president of the Massachusetts Bar Association, has remarked, “Everyone knows that restraining orders and orders to vacate are granted to virtually all who apply…In many cases, allegations of abuse are now used for tactical advantage.”

The low burden of proof for restraining orders has led to some high-profile cases involving stalkers of celebrities obtaining restraining orders against their targets.

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