hokeyfine said:
jordan johnson restraining order on the news. woman claims she was sexually assaulted by him.
Oh where to start.
1.) This is a temporary restraining order, the kind in Montana that anyone can fill out against anyone without proving a thing. Because nothing has been proven, TROs are almost always granted no questions asked. They are not granted by the the police department. You don't have to go through the police to file one and that back and forth of TRO paperwork between muni court, district court, district attorney and the PD is as perfunctory as attaching stamps to outgoing mail, which makes that detail of the TV story kind of bizarre.
2.) A court will have to determine whether a permanent restraining order is warranted. Most TROs do not become permanent. Most do not have merit. Some do (Bobcat fans, you might want to check with Gallatin County District Court about permanent restraining orders before charging out the door with a bucket of rocks.).
3.) TROs usually fly way, way under the radar of local news media. They usually don't show up in the police reports because the police aren't necessarily involved. They aren't readily available for public review at muni courts. Even if they become permanent, they're still not criminal matters, which brings me to the TV story.
4.) When was the last time a Missoula TV news station reported on a TRO? Probably never would be my guess. I suspect the news station got a lot of help finding the TRO.
5.) Was there a sexual assault at all? There's no penalty filing a TRO on grounds that can't be proven. There's no penalty for filing a TRO that's totally false. If the TRO is bogus, it won't be made permanent and the issue will just go away.
6.) It is really too bad that the TV station didn't contact the person who filed the order to get a better feel for whether this TRO had merit. If it does have merit, the accuser should be building a case for making it permanent. She should have compelling proof. If she doesn't, that would be a good indicator that this ordeal is a non-starter. So far, she has provided no information backing her claim so far, despite being allowed several pages to explain in her own words why the TRO was needed in the first place, which should have sent up red flags for the news station.
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