This post addresses a block its writer has noted even in the commentaries of those profoundly injured by unjust or false accusations. That block typically runs something like this: “I’m totally for restraining orders when they protect the violently abused, but….” This perspective is blind, and this post will explain why.
“The road to hell is paved with good intentions.”
—Proverb
“You know, the very powerful and the very stupid have one thing in common: They don’t alter their views to fit the facts; they alter the facts to fit the views. Which can be uncomfortable if you happen to be one of the facts that needs altering.”
—Dr. Who
I was accused of a number of unsavory things in the spring of 2006 by a disturbed and very married woman who had hung around outside of my house in the dark for a few months the previous fall. She filed multiple police reports then complained to a judge in my presence that my request for “an explanation of sorts” had caused her grave upset and interfered with her work. (Also, she was concerned she might be “attacked”…and her husband might be…and her friends might be…and her mother might be…and….)

This man, Dr. Michael Honeycutt, Ph.D., testified to the Superior Court of Arizona in 2013 (by phone) that the government department he heads (in another state) had instituted special security measures to protect a woman from me whom I hadn’t seen or contacted in seven years. When I found this self-styled damsel in distress standing outside of my residence in 2005, I was a practicing children’s humorist who fed birds and had a pup who wore a pink collar. The same woman who would accuse me of stalking and violent intentions had come to my door one night seeking a defender against men she feared were stalking her and had violent intentions. This established a relationship that included her plying me with conversation about her breasts and underwear and trying to follow me into my house after midnight (minus her wedding ring).
That was 12 years ago, and this woman has dramatically and broadly misrepresented me ever since. She’s also induced others to join her in her hoax.
“I tried to find you in our system,” I was told in my initial police interview many years ago (when I still had plans and dreams of my own), “but there was nothing. At all. That’s really rare.”
Over the four years I’ve maintained this blog, begun five years after my interviews with the cop, I’ve heard repeatedly from others who allege they were falsely accused and who report they had had no prior acquaintance with police precincts or courthouses, either.
Consider how this jibes with the assertion that restraining orders protect victims of violent abusers. It plainly doesn’t, and only “the very powerful and the very stupid” would say otherwise.
Public sentiment has been coerced by “the very powerful and the very stupid” to the extent that even those who know the procedure is a travesty feel compelled to allow that there are cases when restraining orders are necessary.
Changing the minds of “the very powerful and the very stupid” has to start with changing the minds of people who are neither powerful nor stupid, and who know better. There is no justification for bad law. It should be repealed.
What victims of that bad law mean when they say “there are cases when restraining orders are necessary” is that they acknowledge there are people in abusive relationships or imminent danger who need relief. They should appreciate, though, that it isn’t restraining orders that are necessary; something is. Rejecting bad law doesn’t obligate its critic to propose what that something should be. Clearly, however, what that something should be should never have innocent casualties. A law that’s supposed to protect the innocent but may destroy them is both wildly flawed and dangerous.
These are facts: Restraining orders deny defendants their constitutional right to due process; justice rendered in drive-thru procedures that may deprive defendants of employment, security, home, and family can only ever be dubious at best; and being misrepresented in a court of law, scourged by a biased judge, and gibbeted on grounds that may be trumped up or cunningly fraudulent is hurtful and possibly ruinous, and shouldn’t be possible…ever.
If you acknowledge these facts, then you must be against restraining orders, and you must be against them categorically—no ifs, ands, or buts. They’re not the answer. They were a stopgap that has become an institution. That doesn’t mean their engineering was ever sound.
Sure, it may be correct to say that you’re certain not all petitioners lie and that some desperately need protection and deserve it. It’s politically correct to say so, certainly, and it’s sympathetic to say so, too. And, sure, it may be correct to say that sometimes justice does prevail.
But if you own that rulings can be manipulated and that pitfalls are built into the process itself, then you cannot be for restraining orders under any circumstances, because the very same procedure that sometimes assuredly works good also assuredly works evil (and more easily).
Lives are at stake. A process that’s inherently corrupt is inherently wrong, regardless of whether its intentions are good and regardless of whether rulings may be righteous.
Put simply, you can’t make chicken salad out of chicken shit.
Copyright © 2018 RestrainingOrderAbuse.com
quiact44
June 30, 2018
https://www.henrymakow.com/my_fight_with_the_domestic_vio.html
LikeLike
Dan Abshear
June 30, 2018
https://www.henrymakow.com/my_fight_with_the_domestic_vio.html
LikeLike
Moderator
September 28, 2015
I prominently quoted the Volokh Conspiracy post you emailed. A handful of people are diverted to it daily.
LikeLike
Moderator
September 27, 2015
Matthew, I noticed that pages on this site had been censored from Google’s and other search engines’ returns, so I investigated how this kind of thing is accomplished.
This is a residual effect of the kind of orders Eugene Volokh denounces, and I think he should be made aware of it. Basically, all someone has to do is submit a court ruling that says someone is prohibited from saying something, and on that basis Google will censor any speech (etc.) alleged to be illegal. I’m certain Linda could use the ruling she obtained to have your content censored, despite the appellate ruling vacating the prior restraint, which Google wouldn’t know about.
The publisher of the “forbidden content” isn’t notified. It’s all “ex parte.”
If I find an email address for Google, I’ll write to its administration and ask for copies of any “legal removal requests” it has received. I know something has been done, because I modified the content on this page, had Google crawl the site, and nothing changed. This page, too, is censored from Google returns (for obvious motives). The pages haven’t been de-indexed (you could find them by title), but using the names of the people identified in them won’t produce a hit on Google. Laughably, some third-party site scooped up content from the blog and published it itself. So something pops up in spite of the censorship.
LikeLike
Moderator
September 8, 2015
You’re welcome to post your story anywhere here, David.
LikeLike
David Lancaster
September 7, 2015
Saying something should be changed is one thing but exactly who is going to be motivated to actually do so?
I am sir. I AM. I agree that the ROA / PO process needs to be abolished. I am not a lurker nor shall I remain anonymous. I am Not fearful or ashamed. Credibility seemingly has no place in these proceedings so as I have told the courts and will relay to you unassumingly before you question my worthiness you must prove your own, Ie jurisdiction ect….Quid Pro Quo
What will you do?
LikeLike
Matthew S. Chan
September 10, 2015
David,
You obviously do not know who I am or my story. I HAVE DONE PLENTY. Do a search on “Chan v. Ellis”. You will find plenty as my case went to the highest court of Georgia and I unanimously won. I have more than proven my own “worthiness” through my own actions. I have every right to say what I said because I practice what I preach.
I have a long track record of being an aggressive fighter and successful defender of myself. I know how to defend myself just fine and I am not the one calling for a change in the system. Todd is. I am a pragmatic person. I do what I can do and I do it well.
I think I have done more than most readers here I am sorry to say (with a few notable exceptions). I have been open with my case from the very beginning. I got supporters and the tech press behind me and my case during the fight and set legal precedents in my state through 2 appellate courts. I reached out to several tech blogs, EFF, and established relationships with 2 leading legal scholars and brought them a live example of the very type of case they wrote about. One of them even joined my legal team and argued on my behalf. I even have his home and cell phone number should I ever need it.
I am writing a book on my experiences and the lessons learned. I have written a series of blog posts on two of my well-Google-indexed websites. I plan to continue to publicly hit back against the opposing lawyer.
I wasn’t questioning YOUR worthiness in general but obviously you took it that way. But because you did, you forced me to reiterate all the things I have done and continue to do. But one thing I will NOT do is deal with the political process. That is too slow for me.
So, bottom line, I think I am very qualified to ask the questions I do and make the statements I do. It might offend some people but it might also give some people a kick in the ass to look at themselves better.
LikeLike
Moderator
September 4, 2015
You’re right. The “consumers” of the product (i.e., order petitioners) tend to be satisfied customers, so there’s no motive for product recall. The market is healthy, and many profit by it (including salespeople, product support staff, and delivery people—lawyers, judges, clerks, and cops). The only recommendation against the product is that it’s unethical—which is never a potent criticism unless it causes physical pain or death. Too, reports of the product’s hazards are squelched by legions of zealous consumer advocates called “feminists.”
There is no product safety number to call. Victims of the product are isolated and shamed or menaced into silence (squeezed), so they don’t do what other victims do: protest. There’s no one to protest to. There’s not even a particular, easily voiced grievance to put on a sign, nor necessarily a uniform grievance shared by all. And…and the victims of the product have been represented as monsters, so others can mock and disregard them without inspiring social disapproval.
Setting aside the business metaphor, this mirrors how black people were treated not that long ago in this country (Chinese people, too). If you can establish that a group of people is unworthy of human recognition, then you can do whatever you want to them.
The common denominators in the stories of procedural abuse victims are unfair treatment and unjust privation. Black people (all black people) still live with these realities today, despite laws and celebrated marches and vociferous advocacy. When there was slavery, when there were lynchings, others were moved to care. “Mere unfairness,” though, is a hard sell when your oppressor is alleging violence. Blood wins. (Consider that unfairness to black people today mostly registers when a man or boy is killed by the police.)
If I consider why the women’s movement has advanced and the civil rights movement still faces obstacles it always has, I’m led to conclude it boils down to (1) numbers (including the highly educated, the wealthy, and the otherwise entitled) and (2) quality propaganda that’s tinged with blood. Blood stimulates social response. Critics of procedural abuse (typically) can’t claim they were physically brutalized, and their opponents are holding up signs that say, “No More Rape!” and “End Domestic Violence!” So social sympathy is hard to divert. Blood wins.
All I can urge is that efforts be made to reveal what propaganda hides. Actions, even small ones, build. Inaction, however, always means no change. Significant even would be for the day to dawn when this acknowledgment had become common: “Restraining orders? Everyone knows those things are bullshit, and any whiner or liar who’s looking for attention or a free living can get one with a few crocodile tears.”
LikeLike