Could you get a restraining order against Santa?


The excellent Law and the Multiverse blog (which seriously considers legal questions arising from funnybooks) examines the legal options available to someone seeking to get a restraining order against Jolly Old St Nick. As with all stories whose headline ends with a question-mark, the answer to this one is "no," but the reasoning behind that "no" is a fascinating look at the law of protective orders.

We don’t think Santa’s behavior would meet this standard. People couldn’t have a reasonable fear of material harm because Santa has an unbroken record of hundreds of years of peaceful activity. It could be enough that he has actually caused material emotional harm to someone, except that the harm would have to be caused by contact or communication initiated by Santa. The problem here is that Santa doesn’t initiate communication; instead people write letters to him. Arguably he initiates indirect contact by entering people’s homes, but there’s no evidence that he enters homes where he is unwanted. In fact, staying up late to ‘catch’ Santa is traditionally considered to cause him not to visit. And of course visits from Santa Claus have rarely, if ever, caused someone to lose their job.

Law of Superheroes organizes the best material from Law and the Multiverse into a kind of first-year lawschool compressed into one set of covers where all the hypotheticals revolve around comic-book storylines. It's the best quick legal education going, really.

Santa and Restraining Orders

(Image: Original Bad Santa kicks arse, a Creative Commons Attribution Share-Alike (2.0) image from dancentury's photostream)