Below is a proposition by a 74-year-old California woman, Anne Copeland, who’s earning a degree in criminal justice administration. Anne alleges that accusations against her made in a restraining order petition were trumped up, and has reported being taunted and terrorized by her accusers, who were her neighbors. She also reports she’s been prohibited from performing volunteer work as a consequence of the court’s order and that it has necessitated that she pack up and move away from her accusers to gain relief from their abuse, which the order against her in essence authorized.
She urges a course of remedial action.
Some prefatory remarks from the blog’s author: Restraining orders were enacted into law pre-Internet. No one considered in the ’80s that they could be abused. No one considered that “obscure court records” would soon be talked about from one end of the planet to the other; that they could be “scanned,” “uploaded,” and conveniently distributed by “email”; or that they would be accessed by employers. No one considered that there would be “public registries” (in cases that anyone with an “Internet connection” could consult). No one imagined that the very phrase restraining order would come to be associated with the savage imagery that “the Internet” is awash with. “Restraining orders” were supposed to stop wife-batterers. Today, they may be approved to quiet any complaint, however actually innocuous the alleged behavior is. Though reported figures are few, all indications are that the vast majority of restraining order petitions are rejected right off the bat. That means even the courts regard most complaints to be stinky. So if “plenty of cases ARE actually justified,” as Anne allows below, it’s only plenty of a small fraction of those the court doesn’t already summarily toss out. Since respondents to this site like Anne are typically people who’ve had orders sworn against them that were grounded on hyped or false accusations but even so passed muster with a judge or two, the process is pretty much just stinky.
Hi, my name is Anne Copeland, and I have written before about the abuse of restraining orders, which I too have experienced. I am a 74-year-old senior studying criminal justice at a university online, and will receive my degree this coming year and go on to get my master’s so that I can work with juvenile delinquents.
Concerns about the decay in our government are not without foundation. I just read a wonderful article written by the Honorable Judge Harvie Wilkinson III, who serves as a judge for the U.S. Fourth Circuit Court of Appeals: “In Defense of American Criminal Justice.” It was an eye-opener for me, as I too have come to believe that our justice system is going to hell in a hay basket. I would say that it is very worthwhile reading; it was definitely pivotal in changing my thinking on the subject.
There is a particular case of a man named Clarence Earl Gideon of Bay Harbor, Florida, who in 1964 changed the acknowledgment of our rights under the Constitution. Previously, only cases that were pretty major in nature would enable a person to have a defense attorney provided by a particular state. In this case, the man was indigent, and his alleged “crimes” were mostly minor in nature. But he insisted on his right to have an attorney, and it was a turning point for indigent people facing criminal charges. There is a lot more that is well-discussed in the essay. I think every person who is interested in where our government is going needs to read this.
After reading this article, my next step in thinking was, “Why doesn’t someone who is facing a restraining order, which does have disastrous effects on human lives, request to have an attorney represent him or her and let it be known that his or her constitutional rights are being denied?” I am thinking of doing something along these lines in trying to appeal my case. The “witness” in the case was definitely not credible, nor were the charges that were brought against me. And the judge did not allow me to really defend myself at all but actually charged me, showing me that he considered me guilty before even hearing the case.
I have thought out all the issues, and I feel that each person who can do it needs to appeal the case against him or her on the grounds that his or her constitutional rights have been denied. If enough of us do this, one will get heard finally, and we can put a stop to this devastating and unlawful practice. Just because someone says it is the law doesn’t make it so. We do have the right to challenge the law as it exists now, just as women did to get it changed in their favor in the first place.
I am not saying there is no place for justified restraining orders. In today’s confused and conflicted world, I am quite sure there are plenty of actual cases that are justified, but we need to have the process reexamined and re-aligned with the principle of civil rights for all citizens, not just for those who file falsified restraining orders. The process has to allow the determination that there has been a true injustice done to a person, and then perhaps there needs to be a period of counseling on both sides, as well as a look at the behavioral histories of both sides. I honestly don’t know what, in the long run, would truly be the best procedure to work to the benefit of both parties fairly and for the courts as well, but this issue needs to be addressed so that there is something to recommend.
Remember that as citizens of the United States, we still do have rights guaranteed us by the Constitution, and while they might be tiresome to fight for and very unrewarding in the short distance, we need to exercise our rights the best we can. If we don’t do this, we have nothing to blame but our apathy and feelings of victimhood. Sometimes we need to get therapy to help us overcome the PTSD and stress, etc. from the events that were forced upon us, but then as soon as we can, we need to pull ourselves back up and instead of trying to fight the person or persons who are petitioning the falsified restraining orders (which is always going to be a losing battle), we need to stop thinking about them and not give them power by doing that. Instead we need to deal with the government itself, making our voices heard where we can potentially make an actual difference. Yes, just one person might not be able to do it, but if enough of us petition the government in the higher courts using constitutional grounds, I believe we can get things done. Clarence Earl Gideon was a common street person, not highly educated, and definitely not with any funds to help him. But he believed his rights were being denied, and he took it to the courts and would not give up. And Gideon forever changed the rights of indigent people to have equal representation in court.
I believe most visitors to this site have been injured emotionally, spiritually, and otherwise by falsified cases. So it is time for us to gather together as a body of people and stop wasting our time trying to get justice against those who act against us. Rather, let’s think of a way to get our voices heard in the higher courts to defend our constitutional rights. It is true that our justice system is very unjust at times, but if we do nothing about it, we have nothing to speak for us.
Just because these are civil cases doesn’t mean that we have no rights anymore. The fact is that they can be turned into criminal cases, and frequently are. So our rights are being abused, and we need to come together and form a strong voice to go to the higher courts to defend our constitutional rights.
Thank you most kindly.
Copyright © 2015 RestrainingOrderAbuse.com
im a parent too
March 8, 2016
I’m still wondering how the constitution guarantees us as people rights yet the falsity of a restraining order is accepted in the so called adversary system, the system is supposed to be based on the truth and ummmmm, “the truth shall set you free” yuuup that’s what I was told all my life, yet I am a VICTIM of a false restraining order and have learned during my lesson of the real issue with these people that seek these fraud orders and feel they should loose everything they ever worked for because a false order is going to do that to the restrained person if one succeeds in getting one against you !!! BUT in some instances and yes I said SOME !!!! I feel they may very well be needed BUT not on a cry for a pathetic individual that seeks to satisfy their urge to be in control ! if you plan to divorce be very aware of the spouse you thought you new made children with and once thought you trusted because trust should no longer be if they are going to deal a cheap shot at you ” it don’t matter mother or father ” you better get a down right dirty lawyer ! that will fight for what’s right ! family law is scandalous and perjury seems to be acceptable if your spouse will deal a low blow and is willing to seek a false order, good look with that good lawyer thing and even then going threw the case with that lawyer may end up showing you that lawyer was just as good as the spouse your leaving !!!! I’m sticking to what I’m doing and what I’m doing was forced on me too but I’m still standing and now the battle is without a lawyer !!!!!!!!! and I’m doing just fine of course things could be better, but the job is not done till the person that has done the crime does some time !!!!!!!! I will ADD to this reply once this pathetic undeserving individual learns a legal lesson !!!! my best advice is read learn and fight for what’s right you can always loose a fight but stay determined and confident and you will win the battle !!!!!!!!!!!!!I I dont have any education in law and frankly most of the family law lawyers are a joke ! if that offends a lawyer then your probably a pathetic educated lawyer in family law but they say the truth hurts so I’m ok with offending you because if your offended you should be doing time too because your just as pathetic as a fraudulent restraining order !!!! p.s I would gladly speak and demonstrate or participate in any thing that helps or attempts to restructure a broken law and restraining orders do need major review on the way they are handed out, god bless anyone going thru this and just be a parent that’s what matters !!!!!!!!!
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Anne Copeland
August 28, 2015
Thank you all very kindly for the good responses. I am wondering whether we could get a Constitutional Attorney to help us to bring this issue to the forefront – sort of a class action suit as it were, but of course we realize that it is not that. Perhaps a petition to one or more of the Constitutional Attorneys would get us the help we need. I am thinking that here I am getting these degrees at a huge cost in student loans and at my old age, hoping to be able to have a successful career, and wondering if I am going to be turned away because of all this false testimony. It took me awhile to be able to wrap my head around all of this because of the PTSD, but now I can see clearly that this is the type of action we need. I am going to start doing research on Constitutional Attorneys, and I think if we can draft a solid letter to the various ones, perhaps one will pick up our cause. I thought about Cato Institute as they fight for Constitutional rights in their publications. Also, I think that the power of the press is really good in this instance too. And I don’t just mean the blogs, etc., but some well drafted stories going into the newspapers.
I used to be a newspaper editor back in the day, and I remember one incident where I was living in a poor area of Long Beach, CA. We had a lot of gang problems in our neighborhood, and people were afraid because they couldn’t come in and out of their apartments safely. Sometimes the gangs would even prevent them from entering their own homes. It was pretty miserable and unsafe for all of us.The police had been called, but they were reluctant to get it stopped. Then one day I got this crazy idea and I wrote to the owner of the apartments and let them know this was a letter from the (blank) Neighborhood Association (REALLY?) , and that the situation that was going on in our neighborhood was unacceptable and that we intended to go to the press. Within less than a week, there was a stop to that gang activity.
I also used the press another time when the police came into a local bar where Veitnam vets who happened to be bikers were playing pool, having a few brewskies, and listing to rock and roll. Nothing at all bad. The police came in without a warrant and began turning the place upside down, apparently looking for drugs. And nothing whatever was found. This time I did put an article in the paper about the incident, and I had the police calling me the day the article came out claiming that it was not THEIR police department and apologizing all over the place for what we went through.
The key issue is that if we keep fighting the people who issue the restraining orders, it is very unlikely that we will get anywhere, but it doesn’t mean we don’t have any power to do anything. We have to go higher. The petititions, writing to our elected officials, and finally, trying to get some Constitutional Attorneys (and there WILL be one somewhere) to take the case. We have to take it to the press, and I am not taliking the little community papers, though it won’t hurt, but we will get better results from the big newspapers, who are always looking for controversial issues. These articles need to be well-thought out, much like a research paper, and not necessarily “Look what these people did to me.” We can do that a little, but need to focus on the bigger picture of what is being done with restraining orders and how many people have committed suicide, etc. from that. Name some of them and focus on the individual cases. This is what it is going to take to get the job done. I think the key thing is that all of us have to stop feeling victimized (even though we are), for we are not victims. We are citizens with rights, and we need to stand up for them just as Gideon did. He had, in fact, done the things that he was charged with, but it didn’t matter. He wanted his rights and by sheer determination, he made a landmark case. We might even be able to use this case as a basis for the Constitutional defense. We all just need to act as a group, and put it out there as a group, and not just individually. It is easy to silence one person, but not a group of us.
Interestingly, I too looked for the history of restraining orders, and the best I could find was under the history of the legal system. There did not seem to be any articles on the history of the restraining order. But what I did get was that these things came out of early common law, and civil laws were going back to frontier times. Apparently there were women being mistreated early on, and so the system came into being. The specific instance of women and children being mistreated was during the times when alcoholism was so strong in the U.S. that women and children alike were not only truly abused, but left out on the streets. So that aspect of the law did have some basis. However, we all realize that it is a system well out of control now and something that has to be brought back into reality.
I believe that we not only have to address the constitutional issues, but to provide some alternative suggestions to how such a system could legally be set up. There are in fact justifications for SOME cases, and we cannot just leave those people out in the cold. So some of the issues I have considered is that before they can even file a R.O. (except for the most truly visible violent cases), they must go through a period of counseling and perhappa even arbitration, learning how to manage anger, and perhaps have family sharing groups set up to deal with such issues for support. The support groups would have to be monitored to keep the issues on track and to try to work out the issues in a positive way similarly to any of the 12-step groups. These are just some of the things I have thought about that might work. We all know these things are realistically not going to happen overnight, but my sense of it all is that if we are working proactively toward the bigger picture, it will help the mental health of all of us and perhaps help us in other ways too. A group has a voice. You cannot ignore a group. I hope a number of us can come together with our blog manager and perhaps work toward these ends. This nightmare of restraining order will only end when we focus our strength and fight toward the big picture. We can get more publicity going as a group and get ourselves heard. We just have to remember to keep it focused on the big picture, which is our Constitutional rights being abused, and we also have to make sure the cases are presented in a way that the public will start relating to them. This is a time in our history when people are wanting to “get even” on every level, so we have to rise above that and keep our eyes on the prize.
I know that I, for one, would welcome the opportunity to make a difference in the system not just for my own self, but for the thousands, and possibly millions of others who are suffering similarly. I am writing a research paper for my Criminal Justice class on the abuse of the system. I have noted that although it is a civil and not a criminal issue, it is one that has definite criminal ramifications. Here are a couple of sentences:
“Although restraining orders are categorized as civil cases, almost every aspect of how they are used, how judges adjucate them, and how the lives of innocent citizens – adults and children alike, are disastrously affected as though the cases were criminal sentences. In reality, there is an aspect of restraining orders that puts every citizen who has been issued one at the mercy of another person or persons, creating an environment not unlike that of Nazi citizens during Hitler’s rein.”
The reality of the last sentence is so true, and so horrifying, because it provides a window into the future if this trend is allowed to continue without a fight. Thank you all very kindly and thank our good blog master particularly. Now let’s figure out how to move forward on these things brought up. This might be an excellent time to do it because of the elections coming up. Peace and many blessings, Anne Copeland
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shadwmtrx
August 28, 2015
I completely agree that it is time to reconsider the implications of Gideon v. Wainwright. Since my family has become involved in a protracted battle for justice, sparked by a false allegation protective order, I have spent nights reading and thinking about protective orders. The deeper I get into my research, the more I am convinced that there are real flaws here that should be addressed. There are many ways to think about it. From a Gideon standpoint, interest groups such as the National Coalition for a Civil Rights to Counsel argue that there is little difference between the classification of a case as “criminal” versus “civil”- the high stakes such as heavy fines, loss of liberty (jail time), job loss or impairment, etc. can be the same. I have definitely seen this with my family’s own problem. The line between criminal and civil classification is blurry at best, because the civil aspect is the foundation for any criminal charges. In our situation, for example, the defendant was arrested following an argument where no one was harmed. The police asked whether the defendant spit at the other party, and if items where pushed off a counter by the defendant. That person answered in the affirmative. That person was arrested and the other party filed for a protective order. Logically and legally speaking, one would ecpect that the defendant might be charged with attempted battery or attempted assault because if his own affirmative answer. But was that what happened? No. Instead, he was charged with felony 3 serious bodily injury. Immediately, one wonders why? What was the basis? Remember, the defendant had only answered the word “yes” to two very specific questions. The defendant requested a copy if the protective order application and relevant affidavit. (He also requested a copy if the police report several times and each time was told it could not be found.) The documents he did receive contained accusations that the defendant damaged the plaintiff’s nose, held a gun to her head, slapped her in the face, and often engaged in recreational drugs both legal and illegal. Suddenly, it was clear where the unexpectedly serious charges were coming frim- from one-sided documents submitted by the plaintiff and apparently accepted as truth. That, my friends, is how the line between “criminal” and “civil” gets blurred.
However, there are other ways greater fairness might be achieved without making a change others might view as “radical.” Public Defender systems as they are today are inadequate. While I am sure statistics are probably lacking, everyone KNOWS it. In my family’s situation a PD was assigned but she never showed up. She had a death in the family and sent her assistant in her stead. He stood there saying nothing accept “yes, your honor” when the judge told him to tell the PD that papers needed to be filed by certain dates. After that, I called everyone I could and pooled together enough money to hire a lawyer. That lawyer was the one who told us about the PDs death in the family, and when the case was in her hands she saw that no work had been completed, at all. This left us wondering what good the PD system actually is, and how such a thing could happen in the first place. So one idea is to fix the PD system’s deficiencies. Too expensive you say? Well, there is yet another avenue.
Another solution might be to simply adopt some procedural safeguards. Have a protective order applicant produce at least a scintilla of proof. If there really is a domestic violence situation, it will be possible to provide at least that little amount. Also, allow a single page rebuttal/response by the accused. In my family’s situation, the false accusations were attached to dates and we could provide exculpatory proof to refute them, but the defendant has never been allowed to do so.
Finally, some measures should be put in place to prevent or prunish accuser abuse if the defendant. In our family’s situation the accuser (1) called relatives and defamed the defendant costing him his informal custody arrangement for his child; (2) called sick relatives and threatened them, exacerbating their illness; (3) served defendant with a warrant of debt for $4900 with no details or explanations and failed to provide a judge-ordered list of amounts owed and why by the set deadline; (4) sold defendant’s scuba gear on Craig’s List and kept the proceeds despite a court order preventing the accuser from doing so; (5) may or may not of sold the defendants registered firearms which were supposed to be turned over to a third party for disposal but are now somehow missing (accused admitted in writing submitted to defendant’s lawyer that accused sold it, but then later verbally recanted); (6) trespassed into defendant’s email account using defendant’s iPad (auto logged in) while defendant was in jail and forwarded emails to accuser’s account regarding their legal situation and his bank accounts; (7) used stolen information to drain remaining cash out of defendant’s bank account (we think accuser did this because defendant’s lawyer was able to get defendant bonded out and defendant cancelled and reissued only credit card, removing accuser from the account); and, called defendant’s friends twice- at 1am and 5am- and demanded that they come get his car keys finally throwing the keys away when no one showed up to retrieve them. These are not the actions of some who was “abused” or was “afraid.” No matter how you look at it, the accuser us the unstable element here. And yet, the accuser has not been arrested or charged by the prosecutor. When the defendant discussed these events (all if which are eminantly provable) with defendant’s lawyer, the lawyer said that there would be no justice for him unless he pressed charges on his own time and dime. This my friends, shows you how the system is easily abused. I wish I could say it ends there but it doesn’t. Outside of the legal system the accuser continues to play games. Accuser tried to gain custody of defendant’s expensive automotive tools but defendant’s work refused to release them to accuser. Accuser continues to tell people to tell the defendant that accuser still loves defendant and didn’t mean for everything to get so out if hand. This mental game causes accuser’s friends to say, “aww, she’s such a good, caring person” and defendant’s friends to say, “she is not right in the head.” In my mind, if an accuser is aggressively coming at the defendant this should act as proof for the defendant that accuser was not actually a victim. Accusers should not be allowed to victimize their alleged abusers.
Finally, it is worth discussing advocacy groups. Advocacy groups should be held responsible for their actions. While I have not yet run into these groups with my family’s experience, I have read so many stories online about the complications that arise when advocacy groups get involved. Support is a great thing, but I think it becomes a huge problem when advocacy groups move beyond the support role, such that they seem to be stepping into the plaintiff’s or the judge’s shoes. I think it is worth thinking about how to better define the role of advocacy groups and to set limits in place to prevent such groups from helping accusers railroad alleged abusers.
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Dean
August 28, 2015
Woohoo! I’m doing my part and would gladly help anyone else if I can. If my experience can help another falsely accused I would be more than happy to help!
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Moderator
August 30, 2015
Please respond to anyone you think you could offer some guidance or a reassuring word to, Dean. The more voices, the better.
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bettykrachey
August 27, 2015
Reblogged this on Falsely Accused.
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