Quote from kjkent1:
This sort of restraining order is routine in family courts across the U.S., ever since Congress passed the Violence Against Women Act, which provides federal funds to state governments who pass legislation permitting emergency civil restraining orders with automatic arrest and incarceration provisions for violation of their proximity conditions.
Since the early 1990s when this legislation was first enacted, women have routinely used these emergency orders to walk into court with no supporting evidence other than their own written declaration (crafted by their attorney, of course), and they nearly always walk out with a 21-day order against their spouse/partner which prevents that person from entering their own home or having any contact with their own children.
After the 21-days, a hearing is held, where the man gets to try to challenge the restraining order. However, it's nearly impossible to challenge the order, because the only thing required to have it ordered by the court, is testimony from the woman that she is afraid of her spouse/partner.
So, while Ms. Richard's vitriolic display of animus is compelling, it is completely unnecessary. She could have just as easily written: "I declare under penalty of perjury under the laws of the State of California that my name is Denise Richards, and I am afraid of Charles Sheen," and she would have received the automatic restraining order.
About the only way that a person can defeat one of these orders is for the woman to simply change her mind and want to see her spouse/partner, or in some cases, if the spouse/partner submits to a polygraph on each and every allegation in the declaration and offers it to the court as proof of truthfulness, and the woman agrees to allow the evidence in (which will never happen if the woman is represented by an attorney), then the judge may call bullshit and set the order aside.
The point is, that Mr. Sheen may have done all these horrible things, and he may not. But, there isn't actually a shred of credible evidence appearing in the declaration -- no third party witnesses, no police coming to the scene, no bruises on her person, no NOTHING -- just a sheet of 8.5 X 11 stating that she's afraid of Mr. Sheen and presto -- he is completely eliminated from his children's lives until Ms. Richards decides otherwise.
For someone like Charlie, who has unlimited financial resources and media access, he can at least go to a nice hotel and not be inconvenienced. But, for the routine victim spouse/partner (almost always male), he gets 20 minutes while being monitored by a county sheriff's officer, to get his personal possessions (clothes) out of the family home, and then he must immediately try to figure where he will spend the remainder of his existence, because it definitely won't be in the home, that he likely has made all of the payments on, including the purchase money down.
Anyways, I thought that some background on this sort of thing would be in order, before you go beating each other up. Like I said, Charlie may be a danger to Denise, and even a danger to his own kids. But, as for the actual proof of this -- at the moment, there isn't any.
If you are ever actually subjected to one of these restraining orders, you will immediately understand what I'm talking about, and you will remember reading it here first. You will wonder what happened to the Bill of Rights, while you're sitting on the curb in front of McDonalds.
Note: I have never had one of these orders imposed on me, however, ironically, I actually managed to get a judge to give one to me, against a woman, once upon a time. The judge thought I was nuts, but he still had to grant it, at least for the 21 days, because I said I was afraid of the woman.
That's all it takes.
i think we all saw this coming. was just a matter of time before they printed it. divorce can get messier than roseanne at an "all you can eat" buffet. women will do and say anything when it comes to custody battles.