Tell Us a Story: Using Pennsylvania’s Laws to Expose Restraining Order Lawlessness

Posted on May 7, 2018


“The court determines a witness’s credibility and may infer fear based on the witness’s testimony describing the defendant’s actions.”

Karch v. Karch, 885 A.2d 535 (Pa. Super. 2005)

Complainants of false allegations and judicial bias in restraining order prosecutions express disbelief that lying in court or forming rulings based on lies can be legal. Some exclaim that their judges “didn’t know the law.”

There are a lot of things judges don’t know, but the law isn’t one of them. Restraining orders are a lawless arena, anyway, so there’s not much to know.

The quotation at the top of this post is law, and what it says is there is no law. It says the court can make up whatever it wants. That’s not a cynical interpretation; it’s a literal one.

The quotation is lifted from case law in Pennsylvania, birthplace of the Constitution, and it informs how judges rule on restraining orders in that state (called PFAs).

It says the court may choose whether an accuser is honest, and that it may “infer” from this choice that the accuser’s fear is real and valid. Some citizen tells a story “describing [another citizen’s alleged] actions,” and that’s the only basis the court requires to deny that other citizen basic civil liberties.

The court must be provided with a narrative to act upon, which the storyteller may make up. Everything else the court is authorized to make up itself.

Copyright © 2018