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In the 1990s, increasing political attention to the problem of domestic violence
Domestic violence

Domestic violence occurs when a family member, partner or ex-partner attempts to physically or psychologically dominate another. Domestic violence often refers to violence between spouses, or spousal abuse but can also include cohabitants and non-married intimate partners....
 against women resulted in many pieces of legislation designed primarily to protect women, such as the Violence Against Women Act
Violence Against Women Act

The Violence Against Women Act of 1994 is a United States federal law. It was passed as Title IV, sec. 40001-40703 of the Violent Crime Control and Law Enforcement Act of 1994 HR 3355 and signed as Public Law 103-322 by President Bill Clinton on September 13 1994....
.

An unfortunate side effect of this has been the incidence of systemic abuse by those the system was designed to protect. Restraining order
Restraining order

A Restraining order is a form of legal injunction. The term is most commonly used in reference to domestic violence, harassment, stalking or sexual assault....
s designed to protect against domestic violence
Domestic violence

Domestic violence occurs when a family member, partner or ex-partner attempts to physically or psychologically dominate another. Domestic violence often refers to violence between spouses, or spousal abuse but can also include cohabitants and non-married intimate partners....
 or stalking
Stalking

Stalking is a controversial pejorative term applied to the behaviour of individuals towards others which has no universally accepted definition....
 have in many cases been used to separate fathers from their children, gain a tactical advantage in divorce proceedings, or simply to exact revenge when no demonstrable threat exists.

Proponents of the current laws argue that access to restraining order protection must have low barriers to encourage women to seek help.






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In the 1990s, increasing political attention to the problem of domestic violence
Domestic violence

Domestic violence occurs when a family member, partner or ex-partner attempts to physically or psychologically dominate another. Domestic violence often refers to violence between spouses, or spousal abuse but can also include cohabitants and non-married intimate partners....
 against women resulted in many pieces of legislation designed primarily to protect women, such as the Violence Against Women Act
Violence Against Women Act

The Violence Against Women Act of 1994 is a United States federal law. It was passed as Title IV, sec. 40001-40703 of the Violent Crime Control and Law Enforcement Act of 1994 HR 3355 and signed as Public Law 103-322 by President Bill Clinton on September 13 1994....
.

An unfortunate side effect of this has been the incidence of systemic abuse by those the system was designed to protect. Restraining order
Restraining order

A Restraining order is a form of legal injunction. The term is most commonly used in reference to domestic violence, harassment, stalking or sexual assault....
s designed to protect against domestic violence
Domestic violence

Domestic violence occurs when a family member, partner or ex-partner attempts to physically or psychologically dominate another. Domestic violence often refers to violence between spouses, or spousal abuse but can also include cohabitants and non-married intimate partners....
 or stalking
Stalking

Stalking is a controversial pejorative term applied to the behaviour of individuals towards others which has no universally accepted definition....
 have in many cases been used to separate fathers from their children, gain a tactical advantage in divorce proceedings, or simply to exact revenge when no demonstrable threat exists.

Proponents of the current laws argue that access to restraining order protection must have low barriers to encourage women to seek help. Arguments for a minimal burden of proof focus on the precautionary principle
Precautionary principle

The precautionary principle is a Morality and Politics principle which states that if an action or policy might cause severe or irreversible harm to the public or to the Natural environment, in the absence of a scientific consensus that harm would not ensue, the burden of proof falls on those who would advocate taking the action....
 - it is "better to be safe than sorry" and grant the order even if there is doubt as to whether violence is imminent, rather than to delay or deny the order and risk harm.

These same principles which advocates claim are necessary to protect women also leave the process open to abuse. In most jurisdictions, temporary orders are granted ex parte
Ex parte

Ex parte is a Latin law term meaning "from one party" .An ex parte decision is one decided by a judge without requiring all of the parties to the controversy to be present....
, and in many jurisdictions the only proof required is a claim of fearfulness on the one seeking the order with no necessity to justify that claim.

Elaine Epstein, president of the Massachusetts Bar Association (1999), has said "the facts have become irrelevant... restraining orders are granted to virtually all who apply", a claim highlighted by a recent (2006) celebrity restraining order case involving David Letterman
David Letterman

David Michael Letterman is an United States comedian, known for hosting the Late Show with David Letterman on CBS since 1993. Letterman's Irony, often Surreal humour comedy is heavily influenced by former The Tonight Show hosts Steve Allen, Johnny Carson and Jack Paar....
 Regarding divorce cases, Epstein has stated "allegations of abuse are now used for tactical advantage" (ibid).

As a result, the restraining order process has come under heavy criticism from masculist and men's rights
Men's rights

The term men's rights refers to Freedom and entitlements of men and boys of all ages. These rights may or may not be institutionalized, ignored or suppressed by law, local custom, and behavior in a particular society....
 groups, who argue that the process fails to meet due process
Due process

Due process is the principle that the government must respect all of the legal rights that are owed to a person according to the law of the land, instead of respecting merely some or most of those legal rights....
 requirements. In many cases, those restrained are separated from their families, may be forced to change jobs, and also lose their Second Amendment
Second Amendment to the United States Constitution

The Second Amendment to the United States Constitution is the part of the United States Bill of Rights that protects a right to keep and bear arms....
 rights. These consequences, they argue, ought to be given greater consideration to balance the application of the precautionary principle in an environment where the rights of the accused seem to be given little consideration.

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