Fact: The false allegation rate, as it’s commonly represented, is 2 to 8%.
Contradictory fact: A majority of restraining order petitions are rejected by the courts. They may be rejected outright, or they may be dismissed on review.
What the precise figures are is up for debate. That’s because (1) those who report false criminal allegation rates are typically people motivated to minimize them (which may include government spokespeople), and (2) comprehensive (i.e., nationwide) stats for civil restraining orders aren’t reported at all. Even state figures for brief periods like these are difficult to winnow:
“In fiscal 1998, about 18,000 temporary and 3,300 permanent domestic-violence-related restraining orders were issued in Colorado counties” (The Denver Post, 1999). At least 14,700 TPOs were dismissed—82% of the approximately 18,000. How many petitions were rejected on sight isn’t reported but might boost the 82% rejection rate significantly. For example, if there were an additional 6,000 petitions that were summarily tossed out (a judge looked at them and said no cigar), the rejection rate would be close to 90%. Appreciate, also, that the defendants in the 14,700-plus cases that were green-lighted and then dismissed doubtless lived in hell meanwhile (possibly on a bench in the park), and it’s unlikely dismissal of the order brought a close to the turmoil. Reward a plaintiff once (in a five-minute procedure) and then withdraw the reward, and a motive is kindled to seek the reward again.
“According to the [Connecticut] Judicial Branch, in 2014 there were 8,669 applications for restraining orders, which resulted in 4,409 approvals. After full hearings, 2,445 permanent restraining orders resulted” (The Connecticut Post, 2015). Of 8,669 applications, almost half were rejected outright, and almost half of those that were approved (ex parte) were rejected on review. Less than 30% were finalized. Rejection rate: about 72%.
The catch that lets promoters of the 2-to-8% false allegation rate go on promoting it is that restraining orders rejected by the courts aren’t rejected as “false,” per se.
Maybe they’re just deemed “insufficiently founded” or “baseless.” This may mean the same thing as “false,” but the word false (cagily) isn’t applied (and there’s typically no way of ascertaining the truth one way or the other, which is the case even when orders are approved and then finalized).
Slick, huh?
Criminal complaints may only be (exposed as) “false” a small minority of the time. Civil complaints that amount to criminal complaints (restraining order petitions) are predominately chucked out (which doesn’t mean records of dismissed TPOs aren’t preserved—and some defendants remain enrolled in domestic violence databases, anyway). Even when the grounds for restraining order petitions are deemed bad, they’re not necessarily called “false.”
Significant to take away from all of this is that the court recognizes that most restraining order petitioners ab-use the process. We know that because most petitions for restraining orders are denied/dismissed.
Never mind how many finalized (“legitimated”) restraining orders may themselves be false (which may also be a majority). That speculation aside, how is it a process that inspires claims that are predominantly rejected by the court not widely considered putrid (and putrefactive)?
That’s a rhetorical question, but this isn’t rhetorical: People are bullied by a procedure that’s acknowledged by a preponderance of court rulings to be more commonly misused than not. In instances, people are bullied beyond depression and ruin; they’re bullied to death.
Copyright © 2015 RestrainingOrderAbuse.com
*Compounding the indeterminacy of verifiable facts, it should be noted that in the period between 1998 and 2014 (the years that the two news-source-derived stats cited in this post concern), the conditioning of judicial priorities may explain why the restraining order rejection rate in Colorado in 1998 (just four years post-VAWA) was much higher than that of Connecticut in 2014. A restraining order advocate might say judges have become more discerning over the years; an opponent might say they’ve grown more servile and compliant.
Anonymous
February 1, 2016
in Shasta county ca, the bias is so thick you can barely take a breath , and if your a women wanting a restraining order and you lie and misled with wrong documents all you have to say is that the women group in our case “one safe place” told you to just get as close as possible, even though you built your defense around that close as possible ..just say the women group told you to and he will award her the case regardless of evidence or the fact that she lied , and then he will have the damn balls it insinuate that you are the liar.it was they most ridiculous thing i have ever witnessed , ironically months later i seen the judge at harbor freight and he noticed me and hide behind the isles , when i got to pay for my things i seen him behind me in a isle doing nothing the next thing was a flash behind me to the door , and like a goast was gone!! first thing i thought was that if i was a judge and made my rulings based on the facts and evidence and to the best of my ability then i would have no reason to hide but when you know you fucked someone then that may be a reason to hide..this whole thing is a damn joke
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fightingbarbie
January 31, 2016
I know this is an old post but its still worth commenting. The 2%-8% number are the cases actually tried and “denied” percentage. The majority of cases are either “dismissed on plaintiffs motion” or “agreed by respondent” Thus the 90%. The remainder are granted and most of them granted are by default. Less than 3% are successfully granted after trial.
This is proof that the process is abused by those who obtain an ace in the hole by applying then from their new position of power “negotiate” a better result than if they had not app-lied.
This is proof that the “state” wields its power of prosecution just as in a criminal trial to get a plea bargain.
This is proof that due process is non-existent in the procedure.
In any circumstance which there is a <3% success rate there has to be a revamping or it should simply go out of business (become extinct) as nature intended.
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Moderator
January 31, 2016
That 2 to 8% is the so-called “false allegation rate” (generally). Google 8% + rape + false accusation, and you’ll get many hits. This range ends up getting applied indiscriminately to whatever claims of false accusation a person wants to discount.
In this post, I tried to do a numbers analysis based on the very few comprehensive stats I could find in news stories online.
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Joel Bond Gunch
March 28, 2015
Oklahoma abandoned its civil restraining order laws, took them off the books. The reason for it was the plague of drama queens, soretails, and paranoids filing frivolous and malicious petitions and swamping Oklahoma courthouses with junk litigation. Prof. Aaron Caplan writes about this phenomenon in his uniquely comprehensive paper.
North Carolina has endured an epidemic of these vexatious petitions. In one fiscal year in the city of Charlotte upwards of a thousand of these pestilential lawsuits choked the courthouse with litigious whining and prattle by sick people who needed padded cells more than they needed judges to help them. North Carolina, a banana republic, is cursed with the recreational litigatrix like our Mad Martha. The chief judge went to the General Assembly for help. The legislators said they did something to cure it, but they didn’t.
All they did was insert an attorney fee provision which permits a judge to fine the vexatious party by making her pay the other party’s attorney fee. In practice this NEVER happens, and it never will.
Some of the legislators proposed doing away with the civil non-domestic restraining order statute. But their shyster lawyer in the general assembly warned the state would lose millions in revenue from Washington via the VAWA. And that was that. The power of the purse always wins, and in particular the battle to perpetuate evil against the innocent and grow the police state.
As it has been said by someone who knows:
“In a statist society, the laws are a collection of opinions written down by sociopaths who have managed to either win popularity contests or murder their competitors. These sociopaths enforce their opinions at gunpoint by thugs in costumes.”
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Moderator
March 28, 2015
I checked out forms in Oklahoma and was disappointed to see “New!” beside a couple. Using the “stalking order,” it looks like someone can still get a restraining order against another s/he hasn’t been in a relationship with.
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Moderator
March 28, 2015
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