“I actually thought he actually could have hit me.”
—Former Warrenton, Virginia Vice Mayor Sunny Reynolds
Translation: He didn’t actually hit her.
Question: Is the subjective impression that someone “could have” committed an act of violence a valid—or even rational—basis to seek the state’s protection after the moment has passed, and there was no violence?
Considering that statutes that authorize injunctive relief were enacted to check violence that actually occurred (or at least was actually threatened), the answer is a pretty resounding no.
Here, remarkably, is an instance of a judge actually agreeing.
A complaint of abuse by (now former) Warrenton, Virginia Vice Mayor Sunny Reynolds, one that has been criticized on this site, was this month thrown out by the court.
Context: Local real estate developer Keith MacDonald was alleged to have verbally accosted Ms. Reynolds in a restaurant in February, pointed his finger at her, and said, “I’m going to get you.” Then: “All it takes is 125 votes.” In other words, Mr. MacDonald allegedly threatened to run against her in an election that has since seen Ms. Reynolds unseated.
Judge Jeffrey Parker, as quoted in the Fauquier Times:
“I have little doubt the behavior was rude and impolite and made the petitioner uncomfortable,” Parker said. “This statue is not about rudeness or a lack of politeness” but, rather, calls for a level of force or threats that invoke “a reasonable apprehension” of death, sexual assault or bodily injury.
Ms. Reynolds, in contrast, reportedly testified she felt Mr. MacDonald’s spittle on her face.
Copyright © 2018 RestrainingOrderAbuse.com
*The cost to Virginia taxpayers for this self-indulgent public tantrum by a member of their government, which involved law enforcement officials, besides several courts, and surely ran to the thousands of dollars, was not reported by the Fauquier Times.
Anonymous
June 26, 2018
Is there any way a person could challenge the constitutionality of our current harassment laws? True its s civil not criminal law but still I think these injunctions violate the Constitution
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Michael Lake
June 26, 2018
Its technically equity aka chancery. The rules tend to fall under civil procedure, but it is in a court’s chancery jurisdiction. A court of chancery is not to have jurisdiction where there is an adequate and complete remedy available at law. Yup these injunctions violate the constitution. Challenged them in two states. Was arrested in GA. The other time the state AG claims they were never served even though they were served, the trial court agreed, as did the DCA. Waiting for the DCA to rule on a motion to clarify before taking it to the state supreme court. But I’ll probably leave the USA before then. Considering the 11th circuit would like to have me starved to death (scotusblog petition of the day, writ of certiorari denied). Still have two months to file a claim in the IACHR for the false arrest case. As far as prohibiting these through the OAS, there may be a little wiggle room-but they already ruled in favor of a victim in the infamous castlerock v Gonzalez case for tougher enforcement. see JESSICA LENAHAN (GONZALES) ET AL.v UNITED STATES (*) (REPORT No. 80/11 CASE 12.626) (147. If in the presence of probable cause of a violation, they should have arrested or sought a warrant for the arrest of Simon Gonzales as the order itself directed.). The OAS is infested too with feminism, with the OAS ratifying their violence against womens treaty (Belém do Pará Convention) the same year the Clinton Administration did. I am sure you can hear an alex jones “it’s the globalist” earworm by now.
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Anonymous
July 1, 2018
You can challenge in state or federal court the constitutionality of a state law either in the proceeding where it is being applied or in a separate suit. You should read the case law and determine what nuances the courts are looking at in making that determination because it is seldom that a law is actually unconstitutional “on its face” rather than “as applied”. More often it is the enforcement of a policy or practice of the offending party I.e. the prosecutors office, or by error of the court which yields the unconstitutional “as applied” offense. ALSO if a restraining order is civil there are only civil enforcement available Ie fines for contempt. BUT If there are criminal enforcement available as in those for a protective order which is the equivalent of a “restraining order” as used interchangeably in this post… there are criminal contempt for violation which can be punished by time in jail… hence a restraining / protective order is what is termed a “quasi-criminal” proceeding which is implemented under rules of civil procedure. Basically…violation of a Civil Protective Order is a criminal offense… not civil.
Though they are relatively a new thing to the courts there are in fact several cases challenging the constitutionality of protective and restraining orders. Almost if not all of which have been denied. That being said, in my opinion, none of them were focused on the correct aspects of the due process and equal protection clauses of the 14th nor the fair trial clause of the 6th and etcetera.
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Todd Greene
July 10, 2018
Here is an example of a patently unconstitutional order, if you’re interested:
https://restrainingorderabuse.com/2018/01/01/tceq-reps-michael-honeycutt-and-tiffany-bredfeldt-allege-sexual-solicitation-in-contradictory-testimony-to-the-arizona-superior-court/
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Gregory Hession
June 26, 2018
Similar to the restraining order chronicled here, I see a lot of testimony about “I don’t know what he may do.” That seems to fall into the same category.
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Michael Lake
June 26, 2018
There was an attempt for a similar one in Cobb county. One Marietta councilman tried to obtain one against another councilman for pointing and talking about policy in his personal space. The judge who always grants the orders, ex parte, decided not too likely because there were politicians involved. Small fries the courts have no problem disappearing, they have no problem disappearing an humiliating attorneys, but gagging politicians and journalist…well they know that is a big no no that creates too much of a stink.
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