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Politics : Politics for Pros- moderated
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To: DMaA who wrote (331284)10/29/2009 6:08:16 PM
From: mph  Read Replies (1) of 793983
 
I didn't read the latter case, but did you read the statute at issue:

“YOU SHALL USE EVERY REASONABLE MEANS TO ENFORCE THIS RESTRAINING ORDER. YOU SHALL ARREST, OR, IF AN ARREST WOULD BE IMPRACTICAL UNDER THE CIRCUMSTANCES, SEEK A WARRANT FOR THE ARREST OF THE RESTRAINED PERSON WHEN YOU HAVE INFORMATION AMOUNTING TO PROBABLE CAUSE THAT THE RESTRAINED PERSON HAS VIOLATED OR ATTEMPTED TO VIOLATE ANY PROVISION OF THIS ORDER AND THE RESTRAINED PERSON HAS BEEN PROPERLY SERVED WITH A COPY OF THIS ORDER OR HAS RECEIVED ACTUAL NOTICE OF THE EXISTENCE OF THIS ORDER.” Ibid.

Despite using the word "shall" there are numerous options given for what "shall" be done. Lots of wiggle room for interpretation by law enforcement as to what they must do, depending on the circumstances presented.
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