I would think that the wife would have had to make some sort of allegation, in writing, for the restraining order to have made it that far.

It's not beyond my imagination that the attorney produces generic forms and has her clients fill in the blanks while telling them, "this wil help your case."

Usually the start of proceedings is the application for a Temporary Restraining Order, which is issued without notice to the alleged abuser. Then he gets Notice that he can go to Court to challenge the Order for Protection. It's a quick hearing, Judge only, no jury, he may or may not bring a lawyer and is not required to attend the hearing. Then a Permanant Restraining Order (good for a year) is issued.

It's real easy for someone to say that abuse has occurred at some time, or that she is afraid, or that abuse was threatened at some time. Who's to say this is not true?

She really can't admit her sworn statement is false. Often her "statement" is not even done by an attorney, it's "done" by a battered women's advocate, who does use standard language.

The Restraining Order is quick and free for the alleged victim, free counsel. No free lawyer for the alleged abuser. Usually he either ignores the hearing, (so he loses), or attends without a lawyer, (to see if he "needs" one).

But it's not like the criminal court where you get advised of your rights and a continuance to get a lawyer. She is asked whether the Affidavit is true, they ask if he has any evidence, he says "Well not right now", and then the Permanant Order is issued.

Lots of people play games with this this. Want him to lose his guns just before deer hunting? It can probably be arranged, at no cost to her.

Just go to any Courthouse, and ask for a women's advocate.

Doesn't this also have a side affect of dis-arming the whole household? Is it the 'abuser' can not have 'access' to guns or can not own guns?

Mostly-