One of the Big Problems with Modern Courts – Extraordinary has Become Ordinary
Just a minute here to rant.
One things that I see which has become commonplace, and the blame can be placed squarely on the shoulders of judges for this, is the use of "extraordinary remedies" being commonplace.
Extraordinary remedies are things like Temporary Restraining Orders (TROs), Protective Orders, and other types of injunctive relief being asked for and granted in many, if not most, family law cases.
It has become almost a matter of course in some courts for every divorce that is filed to be accompanied with affidavits and request for TROs to limit access to the parties and their children, freeze spending, etc.
The term "extraordinary" means, according to Webster's Online Dictionary, "very unusual : very different from what is normal or ordinary".
Since these orders are requested and issued "ex parte", meaning without notice to the other party and a chance to be heard, they should only be used when the situation indicates an extreme likelihood that some type of unacceptable behavior will occur before a hearing can be had.
Instead, some attorney have made this commonplace enabling them to charge the client more, cost more to file and serve, and occupy additional time of the court. In my opinion, this behavior is both unethical and unacceptable.
However, until judges put their foot down and stop this behavior, instead of signing the orders and condoning what has taken place, nothing will change.
This is yet another way in which the system is broken and the system is content with letting it stay that way.