“A civil harassment order creates a new crime that can only be committed by the respondent. Actions that would otherwise be lawful—such as attending a school sporting event or placing a telephone call—become potentially criminal. Even if no criminal prosecution follows, other less extreme but nonetheless perilous legal consequences exist. The issuance of a past harassment order can be a factor in favor of issuing a new order. A judge in an unrelated criminal proceeding would be allowed to consider the existence of an earlier harassment order as an indicator of dangerousness, potentially affecting decisions on bail or sentencing.”
—Law Prof. Aaron Caplan
First Amendment advocate Matthew Chan quotes this passage from “Free Speech and Civil Harassment Orders” by Aaron Caplan, professor of law at Loyola Law School and former staff attorney for the American Civil Liberties Union (ACLU), in one of several commentaries Mr. Chan has posted recently about a New Jersey man, Bruce Aristeo, who was issued an “indefinite temporary restraining order” and then jailed for six months on a $75,000 bond for “violating” the order by airing videos on YouTube that were critical of his accuser.

This is a still from “Day of Reckoning – Band Aid Justice,” a video by New Jerseyite Bruce Aristeo, who was issued an “indefinite temporary restraining order” and then jailed for six months for allegedly violating it by airing satirical commentaries on YouTube.
Mr. Aristeo’s example provides a case study in the “perilous legal consequences” to which Prof. Caplan refers in the epigraph. Because Mr. Aristeo was under a court injunction when he published YouTube videos about his accuser, Jody Raines, the act was handily represented as a violation of the order, one that caused her to experience “emotional distress.”
Consequently, Mr. Aristeo was packed off to jail. (In New Jersey, if a complainant alleges “emotional distress,” this means s/he is a “victim” of “stalking.” No threat or physical harm is required to satisfy the statute.)
As the previous post on this site sought to explain, a court can prohibit one person from committing speech acts directed to another person (like phone calls, texts, and emails), but it can’t constitutionally forbid speech acts about a person. The court can sanction someone for defaming another, that is, for publicly lying about him or her, or for explicitly threatening him or her, but a court-ordered prohibition against speech about a person, speech that is either truthful or merely opinion and isn’t explicitly threatening, is in unlawful contravention of the First Amendment.
Such a prohibition is called a “prior restraint,” because it criminalizes speech before it has even occurred.
Mr. Chan was issued a prior restraint in 2013. In March of this year, the restraining order against him was overturned by the Georgia Supreme Court on constitutional grounds. Prof. Caplan, quoted above, and UCLA Law Prof. Eugene Volokh submitted an amicus brief to the court in support of Mr. Chan’s appeal. In it, the two constitutional law authorities explain the to someone/about someone distinction between the lawful and unlawful exercise of judicial power. Mr. Chan’s is one of several cases mentioned in a recent Washington Post article by Prof. Volokh that elaborates and reemphasizes the distinction.
Mr. Chan has expressed his wish to collect and post “prior restraint orders as I get them for everyone to see.” He says, “When I get about 8 to 10 of these things on display, I think it will trigger some outrage in the tech blog community.”
Anyone who’s been issued an order of the court indefinitely prohibiting him or her from speaking about someone is encouraged to share the details of his or her case with Mr. Chan through his website Defiantly.net.
Copyright © 2015 RestrainingOrderAbuse.com
*In one of his exposés about Bruce Aristeo’s case, Mr. Chan includes a transcript of an exchange between the judge, the female prosecutor, and Mr. Aristeo’s public defender that’s very telling. The judge had not seen the YouTube videos that were the “reason” for his ordering Mr. Aristeo to be jailed (and histrionically nominated a “flight risk”), and the judge confesses his ignorance of the Internet. He also betrays an unfounded belief that the videos could be harbingers of impending homicide. To put this belief in perspective, Mr. Aristeo’s accuser, who has a YouTube Channel, had responded to the videos by posting one of her own that tauntingly suggests she has castrated Mr. Aristeo and is feeding his testicles to her dog (a significant commentary on the sincerity of her alleged “emotional distress”). She, of course, was not censured by the court, and the video, “Smiles for Ruger,” can still be found on YouTube.
Stephanie fitzgerald
April 11, 2016
I just got fausefully accussed of stalking someone when I had a police report and evidence that she was stalking and harassing me and now I have a indeffently restraining order against me the judge that was on the docot was not there another judge that no one has heard of was there
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Todd Greene
April 11, 2016
Stephanie, what does the “indefinite” order forbid you to do? Does it involve your speech at all? Could you quote it?
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Todd Greene
April 11, 2016
I’ve been going through the same thing since some academic freaks took a shine to me in 2005. This is year 10 of this. One of the freaks emailed me in 2012 (over 20 times and over a period of months), represented herself to be remorseful, and said she wanted to help straighten things out.
This year she told police that she contacted me a “few times” in 2012 but that I then became “increasingly sexual.”
This is a sick, filthy game they’ve played to garner some attention and cover their butts (which they’d thrust under my nose while hanging around my residence at night).
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bettykrachey
March 15, 2016
Reblogged this on Falsely Accused.
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Anthony
March 15, 2016
I feel my shocking case (outlined below) can help establish parameters on DVRO proceedings, so they are not used as a tool by overzealous bias judges to destroy an unflavored party. I intend to file a civil case to challenge the DVRO codes and was hoping to get your insight.
Brief case outline:
1. 2010 The Presiding Judge Scott M. Gordon rejected my ex-wife’s, Petitioner, initial DVRO
2. She refiled to Judge Thomas Trent Lewis whom had already awarded her for a move-away (our home/family is in San Diego) – Petitioner Moved to LA and 4 month later filed for divorce to gain a home court advantage.
3. No surprise, Judge Lewis awarded her a DVRO for the same DRVO Gordon rejected – the only evidence was an illegal recording – secretly recorded to entrap me.
4. Petitioner was the clear perpetrator and acknowledged several provoking attempts prior to the incident and refused to meet me in a public location (email confirms), on the day of the incident she parked next to me (she never had before) and proceeded to argue/fight with me on the way to my car. She then shoved a camera in my face and naturally I moved it away. On the stand my counsel caught her with perjury and she retracted false allegations that I hit her and admitted I merely moved the camera out of my face.
Key points:
1. Petitioner acknowledges prior attempts to provoke me
2. Due to Petitioner’s escalating attempts to provoke me I requested we meet in a public location – Petitioner refused
3. Petitioner acknowledges I repeatedly requested the police during the incident and she refused to involve the police
5. Using our daughter as a pawn, Petitioner used our daughters life threatening illness as bait to provoke the argument after trying other means to provoke a reaction failed.
6. Judge Lewis ignored the fact an employee working for Petitioner’s attorney testified she quit because Petitioner’s attorney pushed his clients to claim abuse to gain a court advantage! See declaration attached.
6. 2012, Judge Lewis later hit me with a lifetime DVRO in spite of acknowledging Petitioner pursued the lifetime DVRO out of retaliation (she had signed a stay-away which she reneged when I filed a RFO). Confirming the retaliation the RFO resulted in the changes I requested and Judge Lewis sanctioned Petitioner for her bad faith conduct.
7. Judge Lewis used the DVRO in numerous rulings as cause to award Petitioner (she literately got everything in a Winner-Take-All divorce).
8. In 2015 Judge Lewis used the DVRO to hit me with $75000 in fees and sanctions – in spite of my $100,000 debt position and being unemployed – the Have Not. The Have (everything) – Petitioner now had $900,000 in assets and was making $200,000 yr. – She got her LA home court advantage to unconscionable levels.
There are several others with similar cases/stories where Judge Thomas Trent Lewis devastated the lives of those he disliked based on a fraudulent DVRO.
Thank you,
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Moderator
March 16, 2016
Some thoughts: (1) If one judge denied the merits of your wife’s allegations, and the second order was based on the same allegations, the doctrine of res judicata should have forbidden the court’s approval of the second order. In other words, the allegations were decided by the first judge, so they were not lawfully “reintroduced.” If the “illegal recording” was “new evidence,” that might change things. (2) Consider filing a notice of appeal so that you can challenge the ruling(s) in a higher court. (3) Get documentation for all of these “acknowledgments” by your accuser and the judge(s). There should have been some kind of recording of the court procedures (usually a “digital recording,” which you can request a CD of). Be able to quote the statements and provide evidence they were made. (4) Investigate the law (and appellate rulings) in your state concerning “lifetime DVROs” (e.g., are they lawful and under what conditions?). (5) If you can still appeal, remember you can request a postponement by filing a motion to continue to buy yourself time to build and polish a case.
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Morgan
February 4, 2016
My ex cheated on me with two different women, and got a restraining order against me. I’m being charged with about 50 different violations in 4 or 5 different cities. If one city didn’t want to pick up the charges, he would shop around cities looking for one that would. My ex is now controlling me through the court system. It got so bad that when I tried to move out of a city, he even had a say with whether or not I could move, and he tried to force me to stay. My former co worker gave him my personal address and he was following me around and driving by my house. I have thankfully moved cities, but the charges just keep coming, without any evidence to support them.
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Moderator
February 4, 2016
This is stalking and “domestic violence” from afar by a “vexatious litigant.” This isn’t “supposed to happen,” so it’s hard to make someone hear that it does. Even women’s advocates don’t want to highlight what you’ve described, because it reveals the potential of “protective procedures” to be used to persecute and dominate.
Any chance you could involve a lawyer? If these alleged violations are showing up as criminal charges, it’s possible warrants are being generated. Police may not have to investigate or know where you are if this guy’s producing, say, real or fabricated emails, texts, or whatever. That’s “evidence” a prosecutor could use without your necessarily knowing about it. Have you been given notice of pending prosecutions?
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yellowrosetathotmailcom
December 31, 2015
Reblogged this on banagainstcorruption and commented:
his lies cause he wanted to move his mistress in, has cost me the return of my grandkids ages 2 and 4 at the time
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Anonymous
November 23, 2015
I was recently told by a judge that I could not post anything about my ex-employer , I ask the judge are you telling me that I cannot tell my story based on evidence and facts ? he replied no you cannot and that he had the right to take that right from me ..
///Please forgive any punctuation or spelling errors and if you have questions just ask////
///this is mainly some background on incidents related to getting the prior restraint order////
dec1 2014 I was fired for harassment , I was at the company 12 years and was a manger of over 40 employees in 3 locations of the highest grossing team in the nation of a fortune 500 company , this ex boss and I have worked together almost from the start and to an extent we were friends , that is until 2009 when he screwed me the first time , after that I just did not talk to him even though he was upper management , I ended up in sales and in the first year was offered manger 2 more times at different locations and I turned them down , because I felt I did not have enough sales experience and the main reason is I did not trust my ex boss. Fast forward to 2013 after 2 years of dealing with my ex- boss choice more middle management (our direct supervisors) and me being the most vocal , I had been asked by a few other salesman if I would take the job if offered ? at that point I did not know and one of the main concerns was working under this guy again(ex-boss) .I just did not trust him and know what a snake he is . eventually I was asked to take the job and I did , I did for the other sales guys , I took the job with the lowest moral that the sales floor has ever had and took it to the highest , and I did that by just taking care of them and being fair and stopping every other manager from coming in there and using these guys as there whipping post , as far as other managers were concerned I was not one of them and nor did I want to be . feb 20 2014 I got the news my brother was murdered with 2 young ladies and another guy they were all shot in the head , I took this a lot harder then I showed but I never missed work , the effects of his murder took its time to show ,and by then it was to late , but even in the worst year of my life I was elite manage ever QTR After my brothers murder ,in April I had a huge fight with my girlfriend. That is when Jennifer made her advances on me , I did not resist , it was comforting at the time ,but the biggest mistake ever. for the next 8 months she is my right hand we were a great team , the one problem was I felt like a dirt bag because she was married and I was already into her ,(remember she started the advances) I had conversations with her about her marriage and always tried to help her figure it out , at the end of October she tells me she is going to try and fix her marriage and we cannot see each other , it sucked but I was good with it , so then we start that whole dealing with the break up crap , but something was wrong beside my mental state , one day she has a text with my mother for about 45 minutes , saying how she wants to fix her marriage and how great I was , and how good I was at my job , and how all of this was her fault and she would have to own up to it, bla bla bla , the very next day I came across a text very nasty and from the night before to another employee ,(when all said and done I know of 3 affairs in less then a year) so I now know what she really is and I am basically screwed and even though this other employee worked for me he had been best friends with all my upper management for over 20 years (did I mention that Jennifer made her move on this guy at his wife memorial , she had just passed from cancer) so after the text was found for the next 7 day it was up and down and as it was getting more tense I noticed one day that she was deliberately trying to keep me hooked , even had a friend watch to make sure I was not crazy . it was so blatant that I did a few things to test her , and then called her on her actions , and she still tried and use those against me , anyway I went to my buddy 27 year vet of the company and the guy who get the most respect and asked him who I could go to , that I felt it could be fixed but I was in to deep to handle myself , he replied you cannot go to anyone they will all turn on you , I said what is I brought Steve over to the house and explained , he said no (this is advice I wish now I would not of took and just went to them and said my piece) this was a week before thanksgiving , on the following weekend I sent her an email from my house and they called my ex boss and claimed harassment , on Monday I go into work and she and her husband are already there with my bosses and the corp attorney I hear her crying and my ex boss and her husband laughing about policy , after they left I was brought in and asked if I have ever been in a office alone with her I said yes , they said they were going to do an investigation and get back to me , now that’s the only question I was asked period !ever ! by 11 am I was fired over the phone by my ex boss and Steve who was my direct manager , and ill never forget the words , my ex-boss says “its with a heavy heart that we have to let you go but me and Steve know something is missing and we will keep looking until we find it” after we hung up I was banned from the property no one would answer my calls and all the locks were changed that day , I knew there was something I was missing and I would have to find it myself , so about 4 days later I get the first restraining order and it was a gold mine , there was a letter from my ex-boss to Jennifer and it is basically thanking Jennifer for bringing this to there attention and it has been handled bla bla bla but there was one thing that was off ” it says thanks for bringing this to my attention (for the first time) on nov 30 ” and I that it was odd to put in quotations “for the first time” since the letter was dated the day after I was fired , so I could not understand why he was reminding her , then I get to page 21 and there is a letter from me to her that she highlighted the date and the name of a manger the was embedded in her email signature this manager was my ex-boss right hand man ! and you did not get into the signature by accident but its dated nov 21 but my ex-boss just stated he heard for the first time on nov 30 , so he knew 9 days prior and was trying to cover it up , and that’s when little things that I thought nothing of at the time started to make more sense , so I kept researching and decide to go though ever aspect of that order , so I went and looked at all the dates for her evidence against me in the order and well over 90% of all her evidence was dated on nov 21 or after ! you don’t have to be to smart to add 2+2 , its not concrete but I know that in some way my ex-boss and Jennifer were working together to set me up , and I am guessing it was through her other fling who was best friends with every one , so I finally got ahold of H.R and told them about the letters and I was open to some kind of reasonable explanation I was brushed off with some bs answer , and 2 this day no one has ever answered my claims , I tried a hundred different lawyers you think it tough to get a fair shake when you accused of harassment well try getting a lawyer when you accused of harassment and want to go after you employer because you can prove they were tied together and they set you up .. no can do , because now I am just the crazy ex employee making shit up ! yet NO ONE has even seen what I have or listened to my put into perspective , so compound one bad law of harassment with another bad law called “at-will” that basically lets an employer do what ever the hell they want and then hide behind “at will” I even went to the eeoc because even there guidelines state that a claim of harassment should be handled as soon as possible ! no where did I read that an employer should wait 9 or ten day then maybe handle the situation , well I am a 45 year old fat white guy and fall out of that parameter for what the eeoc handles , they looked at it and I ended up with a worthless right to sue letter , and that’s when I had the stupid idea to see if Jennifer had any guilt for what she did and sent the harmless text that got me my 3rd RO and open my eyes to the true bias in the courts , but lets get to R.O #2 so for almost 7 months I had been trying to get someone to at least just listen to what I had to say , and I did this from my room in my house that I literally have not left , and I am still in at this moment writing this , so one day I decide to go to my girls work and apply for a job , that is across the street from my old job , as I am leaving this place my phone rings and I pull over on my motorcycle to answer it right in front of my old job(yes I did it on purpose to be an ass) I answered my phone did not even turn around to look in the direction of the building, and just left went home and I started stewing on the situation so about an hour and a half later , I sent a text to my ex boss given the option to end this once and for all ” I said if he wants to put the gloves on and handle like men , win or lose I will walk away never to bring up again “never got a reply and never thought anymore about until a few hours later when the police were at my door .. so I talked to the police and I must say that out of all this she is the only one who listened to what I had to say and was very very cool and helpful , so when all said and done and she is leaving I told her ” you have my word I will not contact him again” and I did not . 3 weeks later I get a emergency restraining order for this incident . when I go to trial I know that I could lose I know what I said , even if it was harmless some loser was on court saying it hurt is feelings (now remember this guy is the biggest bully and wants to act like a tough guy you would ever meet) so for him to go for an R.O had to really kill his ego , but in court I did not try and deny what I’ve done or the text I have sent nothing for that matter I was honest , my ex-boss made it very clear that he did not want to get into the circumstance of my termination he made that clear more then once , and is the whole reason we were there , so he did want that being said not that it would make a difference . and in the request he states that I have been slandering him on other sites and provides zero evidence , as matter of fact I brought in evidence for him from the one post I could find and there was no slander and I did post on more sites but I never slandered or lied was based on the facts that I have and the documentation , and then pulls up a post on Facebook , and it was a blog on the ‘at-will” law and its origins , and I commented on it , I was venting and it was not really that anyone could tell directed at anyone no names , and in less then an hour I went and deleted the post , yet he managed get it and I still cannot find it , it should be in Facebook in my deletes but it is not unless there is a amount of time it has to be on Facebook in any case I deleted it . so that would be the only evidence that was brought in and it was a rant to a blog about “at-will” with absolutely no names on it no places of employment nothing .. so all said and done the judge gave me a 3 year restraining order , and then my ex-boss ask if he would have me stop posting and without any evidence other then that blog with no names and I deleted he says I cannot contact nor write about my ex-boss , and that’s when I asked ” your telling me I cannot write about my story that im basing off facts and documentation ? and he no I cannot not and he was within in his rights to take it away .. so that how my prior restraint came about , the following week I had another court trial in front of the same judge for Jennifer , that was hands turns out to be the most blatant display of bias and one-sidedness I have ever witnessed and made me realize I would never get a fair shot in that court over this situation , I tell more on that one later ..so to recap
#1 lost job of 12 years perfect employment record . Jennifer there about a year
#2 name reputation and work history all crap now
#3 lawyers would not touch with a 10 foot poll
#4 I guess I am just the crazy ex employee guy now
#5 lost all my friends that I have had for many many years have heard from most at all (recently found out that they were all warned to not fraternize with me on or off work time)
to this day not one person has listened to what I have found not my job my friends or the courts
#6 3 restraining orders in one year and only one on the very slimmest of reason my be to be justified ..(don’t call anyone out)
#7 I am positive I have been in a serious state of depression , i would not of admitted it , but when you have not left your house much less your room in a year there is probably a reason for it ( no worries I am breaking that trend here real soon)
#8 my life is destroyed I had a 750 credit score that is now 500 all credit cards defaulted and when I got a different job to try and stop that from happening , i lost that job due to courts dates for R.O # 2 and 3
#9 despite all of this i am a fighter and not a moment goes by that I am not thinking of someway to make this right , my job my not listen , nor my friends or even the courts but I intend to get my facts out one way or anther and people who are interested can decide on there own and that’s all I ever asked for was to be heard and treated fairly , I am always open to a reasonable explanation but know that will never come. I have hard copies of the lies I have saved all text and emails and I can line it all out to make sense ! but it don’t matter unless someone hears it .
#10 I am now rambling , that letter I sent the eeoc was 10 pages ..there is a lot going on or let me say there was a lot going on now there is just me an restraining orders
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Moderator
November 24, 2015
See if you can find a local print shop (not Kinko’s) that will allow you to feed your documents into a printer (same as you would to make photocopies of them) and turn them into PDFs that you can save to a thumb drive. Your local library can probably do this, but a print shop may be cheaper. For example, there’s one where I live (Tucson, Action Printing) that will do this for three cents a page after the first page. Call around. Prepare a complete documentary record of your case this way. (If you have a scanner, great. But don’t use a scanner at a print shop that charges by the minute, or you’ll pay a fortune.)
If the judge’s ruling is on audio, obtain a digital recording from the court and transcribe it yourself.
Write to Matthew @ Defiantly.net and provide him with the judge’s transcribed ruling and any textual entry in the record that says the same thing (copy of the restraining order).
The ruling is definitely a “prior restraint,” and he’ll be interested. The details can be methodically sketched out in one or more posts.
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rodemich2015
November 25, 2015
ill get that together , I never got a copy of the final judgment so I can go get it im betting its on there , Ill check if they do recordings but I doubt it , and I have a printer that will handle anything I need .I ll another copy of r.o .. I can understand them not letting speak directly to him(I have nothing nice to say anyway) but to say I cannot tell my story period is out of bounds
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Moderator
November 25, 2015
That’s right. Also, if you could appeal the order on constitutional grounds, you could have the order vacated entirely (“tossed”).
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rodemich2015
November 26, 2015
as far as an appeal is there a time limit ? I believe this trial aug or very end of july and as with everyone money becomes an issue..but make no mistake im willing to try what ever , just to prove a point and that applies to many issue in my situation
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Moderator
November 26, 2015
There’s always a time limit.
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Anonymous
November 26, 2015
sure im either past that or close to it , ill still get this together and send it , it sucks when your in this situation and do not have a lawyer and you just learn as you go and sometimes you just do not learn fast enough , ill tell you if im ever so lucky to get screwed like this again ill know what to do ..hahah
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rodemich2015
December 1, 2015
it seems since I was never given or have received a copy of the judgment I have 180 days that I can file an appeal , so my question is since I have yet to receive a copy of the judgment should I even try to get a copy or wait and see if im going to file an appeal and then get the copy? I want to get this info for Mr. Chan but want to do it correctly , and do not want them saying I have a copy now.
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Moderator
December 1, 2015
There should be a publicly accessible database of court records. I can, for example, go to my superior courthouse, plunk down in a chair, access a record by computer, have it printed, and walk out the door (anonymously).
This may or may not be the case with lower court restraining/protection order cases. It depends on state policy. You could call and ask what you would need to get a copy of the record. You could say, “I had foot surgery, and I’m wondering if my sister could get the record for me, or if I would need to be present to show i.d.”
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Anonymous
November 26, 2015
not sure my last reply went through , i am sure that is past or close to deadline , but i am still going to get everything together for Mr. Matthew . sure someone had to take notes or something on the very first R.O i went and tried to get that stuff they told me they did not do it , im guessing they meant a court reporter .. i am going to push it .because i want to get the story out if that at all possible and if not at least its still be heard
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rodemich2015
May 23, 2016
Todd i put a post up 2 days ago , about fighting back to restraining orders , could you please delete it? i cannot figure out how..post does not really reflect what i was trying to say ..thanks
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Todd Greene
May 23, 2016
May 21 comment was removed.
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Anonymous
November 22, 2015
I prefer to not post my name at the moment since I have just paid an attorney to file a discretionary appeal and I’m a bit nervous about anything I write potentially being used against me. I had a one year civil T.P.O. issued against against me in 2014. In that order, the judge added that I was not allowed to write, post, bog, etc. anything about the petitioner, our previous relationship or the order itself. I immediately questioned, to myself, the validity/legality of such an order but I did not have legal representation and the judge made it obvious that everything the petitioner claimed was going to be believed, without having to provide proof of course, and anything I said wasn’t going to make a difference. Just as that T.P.O. was set to expire, I was served with notice that the petitioner was filing to have the order made permanent. This was a total surprise to me, since during the time the order was in place, I made no contact, nor any attempt to contact the petitioner or anyone I knew to be associated with the petitioner. In fact, the petitioner’s only claim as to why they were seeking to make the order permanent was because, in their opinion, “it was apparent I still had thoughts/feelings about them” and that was it. That individual, who to my knowledge, has know social media accounts, attempted to use a few F.B. posts I had made throughout the year as the sole reason a permanent order was warranted. These were posts not directed to her, not even seen by her directly but had been “made aware” of them by “others”. The posts contained no threats of any kind and as stated in the petition, “never named her per se”. In fact, the posts being referred to weren’t even about the petitioner but were general, intentionally vague opinions I happen to express regarding multiple current legal and social issues that I have an opinion on. Since I do have a diverse “friends” list on F.B., I often make vague comments that express my opinion while trying to not make others who have different opinions feel as though my posts are specifically targeting them or their opinions.
For the second hearing, unfortunately, the same judge presided over my case (despite it being Superior rather than Magistrate court), so I did not make the mistake of not having legal counsel again. Despite the fact that the posts being used against me were not threatening, not libelous, did not name the petitioner and any correlation between them and the petitioner was completely absent from some and could only be very loosely made to one. My attorney chose to use the tactic of having the evidence of the posts ruled inadmissible due to the fact that the petitioner did not directly see them and only had and submitted screen shots or section that were cut and pasted and supposedly sent to her via email or text. Therefore there was no sufficient evidence provided that the posts were actually even made by me. The judge reluctantly ruled them inadmissible. My attorney also brought up rulings which stated that merely writing about someone does not constitute stalking/harassment, even if a person’s full name is used. The judge took a short recess to go to her chamber to review the rulings. When she came back out, she acknowledged that my attorneys argument was correct but openly stated that she did not agree with the rulings and that she had no problem granting the order even if we’re to be overturned in an appeal. However, she instead granted another temporary order, this time for three years, despite the fact that there was not a single piece of admissible evidence that I had done anything to warrant another order. Despite the fact that even had the evidence been allowed, there was nothing that constituted stalking or harassment, despite the fact that the provisions in the original order unlawfully restricted my rights to freedom of speech and expression and those were the only provisions of the order I was even accused to have “violated”, the judge granted a three year order against me based on nothing more than the claims by the petitioner that she was “anxious”, afraid or whatever. Even though a year had passed with not a single reason to cause such feelings. By the way, this case never involved any acts or threats of violence and I have no violent past at all. The only thing I had done prior to the first order was attempt to contact the petitioner via electronic communications. Never even any attempt at direct contact back then. But apparently all it takes is for someone to put on an act and claim to be in some sort of distress, regardless of any lack of rationale behind it and many judges blindly go along with it and use their personal opinions and beliefs to make judgments rather than going by actual evidence.
I don’t know if my case falls into the category you are looking for but it is also in Georgia. At this point, I’ve dished out around $8,000 and don’t even know whether the appellate court will even choose to consider my case. I have little to no faith that this system will result in any real justice. If my case is rejected for appeal or is considered and overturned, I would love to help bring exposure to this issue and the many shortcomings of the supposed justice system.
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Dean
November 16, 2015
I have the Commissioner’s decision from the court saying the flyer in my case was “abusive” when it only tells of the abuse she did to me, and in a not so nice way. This is why it has been used against me, twice!
Just filed a motion for discretionary review to the Washington State Supreme Court. My last step in the state process, it seems. My motion outlines the actual statements made about a flyer she admits in her statement to police has truth in it. And yet it was considered abusive by me and used to extend the order for 13 years.
Does that count for Mr. Chan?
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Moderator
November 16, 2015
It does in the sense that you were punished for speech about someone not to someone. Matthew might be interested in quotations from the court about the “abusiveness” and any that say you’re prohibited from talking/writing about the woman.
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Dean
November 16, 2015
He never said that. Just that the flyers were abusive right before he sentenced me to 13 more years for the mere existence of them. Even though one flyer spoke about the abuse I had gotten from her. Somehow talking about abuse, even if not nice, is more abusive than the actual abuse, apparently. The second flyer was the subject of searching my home and it was never tied to me. It had been sent to her neighbor and family, not to the protected person, and they still accused me of it, searched my home, took my computer for a few months and never found a thing to associate it with me. However, when she waved it in front of the Commissioner he chastised me for it and had it sealed in the record such was his disgust of the words used. Never once saying it was unlawful, though. Seems like a clear violation of free speech to me.
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Moderator
November 18, 2015
Since you were censured for speech, I think so, too.
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Anne Copeland
November 16, 2015
You know, I think that you, Todd, would make an excellent attorney for this kind of cases. You could definitely speak articulately and with the best points for resolving these cases. Good job to you and to Matt. This education is really needed.
P.S.. It is getting very cold in those dog pounds now and the concrete floors sure are uncomfortable for those older dogs. Maybe you could take them some blankets or pads to help them out. Even if you aren’t ready to get another dog, a visit now and then to provide spare newspapers, etc. will be really appreciated by the pounds or pound nearest to you. Happy Thanksgiving. Anne Copeland
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Moderator
November 15, 2015
For the earnest, the obtuse, or the uninitiated (including officers of the court), see the comment below, which was submitted by Cassandra yesterday:
The “victim” in this case is a woman, and the “abuser” is a woman. What would be the “victim’s” motive for this behavior, and what does it say about her “victimhood”?
Consider finally that Cassandra reports her “victim” had to drive for three hours to show up at the event described above.
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Moderator
November 15, 2015
New Jerseyite Bruce Aristeo, who could probably be slightly more convincingly sinister than Woody Allen if he put his back into it, reports he’s been arrested four times after being issued an instrument of the court called an “indefinite temporary” restraining order.
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Michael Lake
November 15, 2015
I have about 8 criminal discovery packs for aggravated stalking charges-I have sealed them on the federal docket to try to protect the defendants right to a fair trial and because of privacy issues. After the case is over AND after I exploit whatever media I can, if it is acceptable I will try to send you a dvd of the some 1500 pages and audio/video cds and some other cases that I also placed on the docket unsealed.
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