Tag: hypocrisy

What Would I Say, if I Were a Judge or Commissioner Hearing a Protective Order Request Case and I Denied the Request for the Protective Order?

I would say this:

By law I cannot grant a request for a protective order unless a preponderance of the evidence supports the request.

If the request lacks the support of a preponderance of the evidence, then the law prohibits me from granting it, even if I desired to grant it in spite of the law. I have no desire to act in spite of the law.

It is tempting to grant a protective order unsupported by a preponderance of evidence on a “better safe than sorry” basis, but that temptation’s ultimate end is, as is true of all temptations, evil. Abusing the law to provide protection from ostensible cohabitant abuse would be rank hypocrisy.

Finding a petitioner has not met the burden of proof does not mean either 1) the petitioner is or is not, in fact, a victim of cohabitant abuse; or 2) the respondent did or did not, in fact, commit cohabitant abuse.

If any protective order petitioner is in fact a victim of cohabitant abuse, then I suggest that the petitioner take all reasonable, necessary, and legally permissible measures available to the petitioner for the petitioner’s protection. A protective order is certainly not the only or the most effective protective measure a cohabitant abuse victim can or should take. A sheet of paper or an image on a screen cannot deflect fists, feet, clubs, knives, or bullets. A protective order is only as effective as it is duly enforced, but unfortunately, “When seconds count, the police are just minutes away.” For your own sake be resourceful. Do not become a victim of your own inaction.

If a protective order respondent is, in fact, innocent of the allegations made against the respondent, then I extend to all such respondents this court’s apologies for the stigma that may, and almost certainly will, attach to and dog the respondent for who knows how long as the result of being falsely accused. Fraudulently sought protective orders are all too common, and everyone in the legal system knows it.

If a protective order respondent is, in fact, a cohabitant abuse perpetrator whom the preponderance of evidence standard unwittingly abetted, then I hope and suggest you seize on this opportunity to sin no more. You may not be so lucky next time.

The first courtroom I set foot in as a lawyer had these two statements written on its walls: “Know thyself. – Socrates” and “Control thyself. – Cicero”. I commend this advice both to the petitioner and to the respondent.

Having reviewed the admissible evidence presented to me on the petitioner’s request for a protective order and having found that the petitioner has not met the preponderance of evidence burden of proof, the request must, therefore, necessarily be and is denied.

Utah Family Law, LC | | 801-466-9277

Tags: , , , , , , , , ,
Click to listen highlighted text!