Bill: Rejected Restraining Orders Act

[Towloo]

A
BILL
To

Create restraining orders​

The people of the Commonwealth of Redmont, through their elected Representatives in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law:

1 - Short Title and Enactment

(1) This Act may be cited as the 'Restraining Orders Act.'

(2) This Act shall be enacted immediately upon its signage.

(3) This Act has been authored by Representative Towloo.

(4) This Act has been co-sponsored by Sen. TheReal42Person.

2 - Reasons

(1) With Restraining Orders, there is a higher punishment for a respondent committing a crime against a petitioner, lowering the incentive to commit one

(2) Restraining orders provide emotional safety and peace of mind to victims of harassment, abuse, stalking, or threats


3 - Restraining Orders

(1) Regular Restraining Orders

(a) There will be a separate forum on a subsidiary of the Federal Court for restraining orders. The petitioner will file their request there.

(b) A judge may grant a regular restraining order in court to protect an individual from harassment, abuse, stalking, or threats.

(c) The petitioner must provide evidence of the need for protection, while the respondent must provide evidence for why there is no need for protection or they may not contest it.

(d) If there is sufficient evidence (Subject to the Balance of Probabilities Proof Standard), the Judge will author the restraining order, specifying the prohibited actions of the respondent and the distance, measured in blocks, that the respondent must maintain from the petitioner.

(e) Violation of a regular restraining order is subject to penalties as outlined in Section Four of this act.

(2) Emergency Injunctions

(a) An emergency restraining order, filed as an emergency injunction, may be granted by a judicial officer if there is an immediate and present danger of abuse, harassment, stalking, or threats.

(b) The petitioner must provide evidence of the imminent threat.

(c) The emergency injunction shall be temporary, lasting only for the duration of the case, and the presiding officer, if granted, must specify the prohibited actions of the respondent and the distance, measured in blocks, that the respondent must maintain from the petitioner.

(d) Violation of an emergency injunction is subject to penalties as outlined in Section Four of this act.


4 - Violating Restraining Orders

(1) A respondent may be charged with violating their restraining order or emergency injunction if any of the following conditions are met:

(a) The petitioner records a video in which they ask the respondent to back away, the petitioner backs away, and the respondent refuses with or without words and continues to approach the petitioner.

(b) The petitioner calls a police officer, the police officer asks the respondent to back away, the respondent refuses with or without words and continues to approach the petitioner. The police officer then takes a picture and writes an affidavit detailing the incident.

(c) A crime has been committed by the respondent against the petitioner.

(2) Any recorded video, pictures, or affidavits must be submitted to the restraining order file, or case with emergency injunction, for review.

(a) The police officer’s affidavit should include a detailed account of the incident, including the date, time, and actions taken by the respondent.

(3) Upon review of the submitted evidence, the court may charge the respondent with violating the restraining order or emergency injunction.

(4) Violating a restraining order will be subject to the following punishment:

Violation of a Restraining Order

(a) Description:

Violation of a restraining order or emergency injunction by failing to maintain the required distance, measured in blocks, from the petitioner.

(b) Classification: Summary Criminal Offense

(c) Penalties:

(i) Per Offense: 15 Minutes Jail + $500 Fine

5 - Clarification

(1) Restraining Orders only work petitioner to respondent (meaning if the petitioner approaches the respondent breaking the specified distance or commits a crime against them they are not subject to an additional violation of restraining order charge)

(2) Restraining Orders do not negate the respondent’s right to self defense (e.g. if the petitioner assaults them, the respondent may exercise their right to self defense)

(3) All restraining orders shall be suspended within the designated area during events sanctioned by the Department of Public Affairs

 

[Towloo]

EDIT: Added punctuation and changed:

Upon review of the submitted evidence, the court may charge the respondent with violating the restraining order or emergency injunction.

(3) Violating a restraining order will be subject to the following punishment:
To:

(3) Upon review of the submitted evidence, the court may charge the respondent with violating the restraining order or emergency injunction.

(4) Violating a restraining order will be subject to the following punishment:

 

[Towloo]

EDIT:

I added the reasons section as well as a clarification section

 

[lawanoesepr]

Nay, Would interfere with DPA sanctioned events.

 

[Towloo]

Nay, Would interfere with DLA sanctioned events.

Why'd you wait till voting to give me the feedback I could've just added that

 

[Alexander P. Love]

I have mixed feelings, I’ll be abstaining.