If you imagine there are hard-and-fast rules that apply to what a judge can issue a restraining order for, think again. Grounds for establishing “harassment” or vague emotional allegations like fear need only be their plaintiffs’ assertion. Plaintiffs don’t even need to assert apprehension. A judge may ask, “Are you afraid of him/her?” To be granted a restraining order, a plaintiff may only have to chirp, “Yes.”

That’s it? That’s it. Allegations including stalking, battery, and sexual harassment or violence can be made and publicly recorded on a restraining order (indefinitely) based on no concrete proof, and they can be made against men or women.

The conceit is that judges are held to standards of fairness, diligence, etc., but the truth is that the issuance of restraining orders is discretionary, that is, a judge can do what s/he wants. The predominant inclination, what’s more, is to assume where there’s smoke there’s fire. And, yes, a restraining order can also be upheld on appeal on no basis, and judges can reduce innocent defendants to cinders and face no repercussions for it.

Search-term queries that lead visitors here often begin with “Can.” The questions invariably translate to “What’s necessary for authorization?” The answer is nothing. To act is to act with authorization. Restraining orders can be issued on no basis at all other than that they were petitioned, and the process was famously criticized for its availability to all comers fully 20 years ago by Elaine Epstein, former president of the Massachusetts Bar Association—to little effect.

The abuse industry that has cropped up around the restraining order is an extremely lucrative one for the people who service it, including officers and staff of courts and police districts; attorneys and mediators; therapists and anger management counselors; shelters and social workers, etc. Google restraining order + false allegations + attorney + your state, and you’ll discover from the returns that any number of law firms recognize restraining orders are falsely issued and are there to help you beat a bad rap…for a price.

The number of restraining orders issued each year is already two to three million (in the U.S. alone). Were it not for the uncertainty reflected in questions that begin, “Can,” it’s a good bet that that number would be significantly larger.

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