ST Alpha - "Let the wronged party prove they were wronged?" (Reading a Post)

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In response to "I don't know. It still seems backwards because the risk to a valid claimant of an OFP far outweighs the risks to the invalid victim of a wrongful OFP" by pmb

Let the wronged party prove they were wronged?

Posted by Stephen (aka Sceire) Mar 18 '13, 13:48

Shouldn't we expect, nay Demand!, that the other party actually prove there's a valid danger before stripping them of their rights? :)

Responses:

Isn't that what the judge issuing the Protective Order in the first place is supposed to do? -- nm - Will Hunting Mar 18, 13:57 2
- In theory, yes. In practice though, far too often, that's not what happens. - Stephen Mar 18, 14:06 1
  - It is an inexact science to be sure, but the judge should be making a reasoned decision to issue the order in the first place. I've suggested the - pmb Mar 18, 14:11
isn't that the point of getting the order of protection in the first place? -- nm - znufrii Mar 18, 13:54

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