“In thousands of 10-minute hearings held all over the Commonwealth, judges are now able to do what the Marxists have only dreamed of doing before now, and could never hope to do before they were able to use the pretext of ‘domestic violence.’ However, the real violence is almost always to the rights of the defendant, and to the Constitution itself….”
—Attorney Gregory Hession
As a follow-up to the previous post, “Pointers for Contesting a Restraining Order,” this post analyzes (and recommends) attorney Gregory Hession’s tutorial “How to Fight a False Allegation Restraining Order.”
The title’s a little weird. An earlier version of the explication used the phrase “false restraining order.” Evidently Mr. Hession wanted to clarify that he means a restraining order that’s very real but based on an allegation that’s false—hence the phrase “false allegation restraining order.”

Massachusetts attorney Gregory Hession, who urges the wrongly implicated to expose their accusers’ false motives, identifies the above as “ulterior” reasons for the procurement of a restraining order.
The quotation of Mr. Hession’s that was lifted for the epigraph above highlights that violence is the pretext used to justify procedures that are constitutionally unconscionable. Often no violence is alleged. The word, however, emphatically appears everywhere in state statutes as a smokescreen. It makes any violation or abuse of the accused “okay.” The courts aren’t messing around with people’s lives for kicks; they’re protecting the vulnerable from “violence.”
Here, therefore, is what you, as the “defendant” or “respondent” (the accused), are up against:
In restraining order hearings, judges may ignore ALL traditional due process protections such as jury trials, the rules of evidence, the right to innocent until proven guilty, etc. They may also usurp several other dearly held rights, such as the right to be with one’s children, to occupy one’s own home and property, or travel where one pleases. No one has yet come up with so demonic a perversion of our legal system to match the breathtaking scope of the unconstitutional deprivations of this law.
What is the actual legal basis for getting an abuse restraining order? Many courts issue restraining orders without following the requirements of the law (which are already so flimsy as to be a mockery). If a person comes into court (called the “complainant” or “plaintiff”) and whines about feeling “fear,” a court will often issue an order, even though many times it is improper and illegal to do it.
Restraining orders—not just in Mr. Hession’s state of Massachusetts but in most if not all states—require that some intimation of “imminent physical harm” be suggested by the alleged conduct of the accused. Mr. Hession urges that this qualification be picked apart.
First the harm has to be “imminent,” [that is], immediate, right there, right now. Not a vague threat to do something someday. Not a phone call from a far location. Next, it has to be “serious.” The [Massachusetts] attorney general, on a ballot referendum to overturn some recent changes to the domestic violence laws, defined “serious bodily injury” as follows:
“Injury that results in a permanent disfigurement; long-term loss or impairment of a bodily function, arm, leg, or organ; or substantial risk of death.” [If you’re appealing an order in another state, you may investigate how your state defines “serious bodily injury.”]
Lastly, the fear has to be of “physical” harm, not emotional harm, psychic harm, hurt feelings, or any number of other non-physical issues that people commonly get orders for.
If courts went by this definition strictly, fewer frivolous orders would be issued. However, as you likely know, judges often issue an order if they feel it should be issued, regardless of the law’s requirements.
(Statutes are often mishmashes. Ridiculously, an injunction against harassment in the author’s state of Arizona reads, “The Court finds reasonable evidence of harassment of the Plaintiff by the Defendant or that great or irreparable harm would result….” There’s plainly a huge gulf between annoyance and “irreparable harm.” That’s how these statutes are designed: to apply to virtually any alleged conduct, however harmless, but to make it seem as though plaintiffs are being protected from violent assault…or murder. That’s how the laws are justified. The person who sends some angry text messages is equated with tomorrow’s serial killer.)
If you hope to appeal a restraining order, Mr. Hession stresses, you must appeal the initial order (which may issue from any of a number of courts). It is possible to contest an order through higher tiers of the court system if the first judge finds against you, but if you blow off your initial court appearance, “fuhgetaboutit.”
First, Mr. Hession says, get your “docket number” (your case number), go to the courthouse, and demand to see all of the allegations against you. (Sometimes the plaintiff’s affidavit, his or her sworn narrative statement, isn’t provided to the defendant when the order is served and must be requested.)
Second, he offers a number of strategies to attack the allegations against you, mainly by exposing falsehoods. For these, go to the source: “How to Fight a False Allegation Restraining Order.”
If you have no experience of court procedure, Mr. Hession’s tutorial is a challenging read. It’s also long, which can be off-putting. It is, however, definitely worthwhile, whatever state you may be in.
The point of this heads-up is to ensure that the substance of Mr. Hession’s advice isn’t discounted by the bewildered defendant who may think it only applies to the wrongfully accused in Massachusetts. Absorb the gist of the material, and it’s likely you’ll fare far better in an appeal than you would have otherwise.
Copyright © 2015 RestrainingOrderAbuse.com
rodemich
September 5, 2015
here is a good one, i had the same judge for 2 restraining orders from a previous employer , i was falsely accused of harassment as time went on i found out my boss lied about when he said he knew and i found out he was working with the female to set me up , its plain as day and in black and white , well because im the accused (is the way i see it) no one will touch the case , i know my boss did it for personal reasons , but no one would listen and to this day i have not got to defend my self , so i started pushing buttons and he filed for a restraining order , while i was waiting for trial on that one i sent a text to the female this is 2 months after the first restring order expired , on that judge only gave 6 months because the female said i did not do anything to her and was a nice guy , not what she wrote in the request , so after i send the completely harmless text asking if she wanted to redeem herself and tell the truth , 3 days later i get another restraining order , so back to the first trial , i knew that i probably crossed the line on a couple commits but as usual in court they were taken out of context , i knew i would lose , and my boss buts in his request that i have said things on the internet to slander him , and he has not one shred of proof or even a copy of any post of me slandering him , i have made post and all my post can be backed up by facts , point is he had no proof , and there was one post on face book with no ones name just me venting on a subject and they assumed it was about them , as i knew i would lose judge gives him a 3 year order and takes my first amendment rights away , i said are you telling me i cannot post about my situation even though i have facts to back my statements and you have no evidence just his word , and he did , theres only one way to get some justice and that’s to make what happened public , put the facts out and let anyone who reads it make there own choice , and i still may just do that , ive been beat up on this one been fighting from the beginning there is nothing to help someone who is falsly accused , may as well be guilty because that’s how your treated and maybe worse , so any back to thew female she put that text and i state in the text will not contact you agaian , put now she adds that i have been following her and even went so far as to say i followed her from the court house when she files , wait that wasn’t in there , she called the police on that one they did not believe her so they never followed up and she did not put in the order , but she used that log number and another as logs for the days i started following her 2 months earlier , so she has these logs dated the 3rd of aug and one incident on july 16 and june 22 , completly making crap up , i have wittiness who were with me on those days and she described the wrong helmet , had zero proof of anything , and the judge would not even look at my evidence , and i had court documents she has lied on recently , and much more never got heard , so he comes back and says , it seems like your witnesses were credible and i don’t see any threat with the text or any issue with a blog ,and then he said but i believe she would recognize you on your motorcycle , he as good as said we were all full of it , but that’s not what he use dto give her a year restraining order , no he said that the fact that i even sent it ..i got a year just because i sent a harmless text because it was 2 months after the last order expired ..to me key word expired.so im filing an appeal and getting an order on her because her husband made some comments that he basically said if she get this order ill violate and then they can go for federal stalking charges , first never violated the first one and second im not stalking no one ..it nuts , but this judge is a joke ill be filing a complaint against him as well on both cases , truth is first i may have deserved something but not my rights taken away the second one should of been thrown out , almost forgot get this judge asked her how she come up with those dates , she said that she was told by “one safe place ” to just get as close as possible it don’t matter so she made the dates up , the judge knew it and still did not throw it out , i built my defense aroung those 2 dates..im dumbfounded
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Joel Bond Gunch
August 16, 2015
Yair, what state was your case in and how may the documents be seen?
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Moderator
August 17, 2015
http://restrainingorderabuse.com/2015/06/06/low-and-outside-an-umpires-story-of-restraining-order-abuse-by-an-underhand-screwball/comment-page-1/#comment-77363
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Moderator
August 18, 2015
FYI, Larry:
See “Judicial Immunity Vs. Due Process: When Should a Judge Be Subject to Suit?” (Robert Craig Waters, Cato Journal, 1987).
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Joel Bond Gunch
August 21, 2015
Lots of people like Waters say they can be sued, but take it from me: they can’t. They have usurped and arrogated to themselves an outrageous iron wall of unaccountability, even in such shocking circumstances as those in _Stump v Sparkman_ where the judge did not provide a minor child with a guardian ad litem as the law required, lied to her in open court about what he was really doing to her, and had her sterilized without cause.
This dirtbag federal judge here, M. Karl “Sieg Heil!” Reidinger, has dismissed all 3 of my federal lawsuits “sua sponte” before they even got started. And just a little bit of research will show that federal judges are schooled and accomplished at peremptory dismissals of federal civil rights actions, even those that are plausible on their faces.
(Listen for the comment Judge Nancy Gertner makes after she says, “When I was a baby judge…”)
Then use Google Groups search engine to read more of what she says.
Americans need to wake up to the sobering fact they are living in an ongoing Constitutional crisis in the USA. Their Constitutional rights are being deep-sixed by the courts in bulk. And once they’re gone, they’re gone forever and “precedent” and “stare decisis” standing in their place.
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Joel Bond Gunch
August 21, 2015
By the way, this is a university women’s discussion about Title IX and OCR, two arch villains in the VAWA constellation. However, Nancy Gertner has been one of the moderating forces acting to halt misuse of Title IX and OCR when young men have been wrongfully expelled after “sexual assault” witch hunts at their colleges and universities. Her Boston law firm has been involved in these high-profile cases. Gertner is now a law professor at Harvard.
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Moderator
August 23, 2015
I quoted you here:
http://restrainingorderabuse.com/2015/08/22/constitutional-rights-are-only-real-if-they-cant-be-denied-on-the-price-of-tolerating-bad-law/
Your blog links are down, though, and have been for 24 hours or more. Some notice from IPage appears.
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Yair Rivlin
August 15, 2015
Great and irreparable harm.. uh huh..that is what I was charged and convicted with based on several emails that I thought hadn’t he had even gotten…great and irreparable harm….how does that work with a 66 year old woman in a wheelchair i wonder..how does that work?By the way the shyster lawyer removed the original blog from the content of his asinine blogs that he retrieved….to try to use against me to no avail..i argued relevance and the judge let him speak but they weren’t relevant at all and he didn’t dare to bring up the other one because i accused him of trying to prejudice a judge…hmm wonder what the liar was up to Brian Pursell if you are reading this…I hope to charge you with false accusations at some point when I get the money so get ready…
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Joel Bond Gunch
August 16, 2015
OK, I see from googling the atty that the case is in AZ. Prescott maybe? Send me your email address. jimmyw836@gmail.com
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