What authority must be present for an arrest under a temporary restraining order?

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For an arrest to occur under a temporary restraining order, it is essential that service of the order has been properly executed. Service of the order ensures that the individual subject to the restraining order is officially informed of its existence and the terms laid out within it. This is a critical step because the enforcement of a restraining order hinges on the respondent being aware of its stipulations. Without proper service, the authority to make an arrest may be legally questionable, as the individual could claim they were unaware of any restrictions placed upon them.

In situations involving restraining orders, witness testimony or the victim's request can provide necessary context or validation, but they do not replace the need for the order to be served. Local law enforcement approval might facilitate enforcement actions but does not establish the necessary legal framework for an arrest without prior service. Thus, the process begins with the successful serving of a temporary restraining order to ensure all parties understand the boundaries and consequences involved.

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