Judges issue thousands of temporary orders each year, barring people from their homes and from contact with their partners, based on the sworn statements of just one of the parties. Because the orders are issued in civil, not criminal, proceedings, the standard of proof is lower than when someone is charged with a crime. The state's law, which closely follows a national model endorsed by family law judges and attorneys, recognizes the grave danger that abusive partners pose and the private, often undocumented nature of domestic violence. Temporary orders aim to give a window for escape. But it's a safeguard that comes at a cost, Scott said.
Protection orders stain records and reputations.
They put people at risk of being summarily jailed. They get people thrown out of their homes. They keep parents from their children. Orders stoke the tension in already difficult disputes. The orders are temporary, but the damage can be lasting, Scott said.