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Forum (Forum & Focus)

Feb. 14, 2009

Judges Should Show More Restraint in Granting Restraining Orders

Family law judges sometimes lean too far in the direction of granting restraining orders when there are not sufficient legal bases to do so, writes Fred Silberberg.

FORUM COLUMN

By Fred Silberberg

Restraining orders exist for a purpose. In family law, they are sought more commonly than in other forms of litigation. As a result of the often tempest-tossed emotional nature of family law cases, the need for restraining orders is much more common. Domestic violence is not an uncommon phenomenon in the households of America, and a family law dispute, even people who would not otherwise be violent engage in threate...

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