Liberals are curiously less than rapturous about a political victory only they could have accomplished: the election of Donald Trump, a living caricature straight from the pages of a satirical novel, to the country’s highest office. Liberals do count as a victory, and have for a long time, laws that authorize the wholesale removal of […]
April 16, 2018
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 […]
May 4, 2016
“Perjury in restraining orders is actually incentivized, not only by failing to prosecute it, but by allowing one-person hearings (ex parte) to get the orders originally, a super-low burden of proof to issue orders, no juries, a judiciary which actually gets training from feminist groups about the need for issuing orders, no rules of evidence […]
September 27, 2015
From “Prison Is Prison” by Seattle Law School Prof. Brooke Coleman (Notre Dame Law Review, 2013): Two indigent men stand before two separate judges. Both will be sent to prison if they lose their cases. One receives appointed counsel, but the other does not. This discrepancy seems terribly unjust, yet the Supreme Court has no […]
September 23, 2015
Misperception of the significance of false accusations is a topic that’s been considered in past posts on this blog, particularly false accusations of sexual assault, which are the only false accusations anyone seems to believe are deserving of mention. It’s wrong to say that the nature of false accusations doesn’t matter. But more relevant to […]
July 4, 2015
“I don’t know of any other provision in law in which people go to court and take out a civil action with the goal of handing over some of their power to a judge. When you get a restraining order, you relinquish your power to unilaterally consent to being contacted by the restrained party. As […]
April 29, 2015
There are prominent voices on the Internet, in the ivory tower, and in the press that disparage the plaints of fathers who are alienated from their children by lies and legal abuse, and denied roles in their kids’ lives. They call these fathers’ ventilations of despair and anger “misogynist,” and they look no further. This […]
November 1, 2014
This search term brought a visitor here a day or two ago: “restraining order in ohio because a couple texts.” It struck a chord with this author, because he himself was issued a restraining order on a similar basis (three emails over a weekend). There were accompanying allegations, but the court’s final ruling was based […]
September 13, 2014
I live in Arizona where I was issued a restraining order in 2006 petitioned by a woman I nightly encountered hanging around outside of my house. The restraining order said I was a danger to her husband and shouldn’t be permitted to approach or talk to him. If you receive a restraining order in my home state, […]
September 10, 2014
“In the event a Restraining Order is issued for any period of time (initial 10 days or subsequent extension/dismissal), you will be listed in the statewide Domestic Violence Registry system. This could impact your ability to obtain or maintain employment in government, law enforcement, certain medical fields, or social services, or to work with/coach children. […]
September 4, 2014
“I had a false allegation of domestic violence ordered against me on June 19, 2006. It was based on lies, but the local sheriff’s office and state attorney’s office didn’t care that he was a covert, lying narcissist. I doubt they ever heard of the term, in fact. I made the mistake of moving back […]
August 25, 2014
Those victimized by liars who abuse restraining order and domestic violence laws often blame their judges. It’s natural. They’re the ones who deprive the wrongly accused of dignity, liberty, property, and family—and theirs are the words that echo in the memory and grate on the nerves during the empty hours. Lawmakers it must be remembered, […]
June 15, 2014
I’ve written before about “due process,” a constitutional privilege that’s universally denied to restraining order defendants. Recently I was contacted by an intelligent 17-year-old girl who wanted to know what her rights were under the law. She didn’t stand accused of anything. Rather her adult boyfriend had been issued a mandatory (criminal) restraining order in […]
May 29, 2014
I’ve combed the Internet in recent weeks for motion-to-dismiss forms applicable to restraining orders issued in the 50 states. For Arkansas, there’s nothing to be found. Zip. If that weren’t suggestive enough that the process is a lock, consider the above entry excerpted from a 2011 Arkansas Court Bulletin. The case commentary (which you’ll observe […]
November 11, 2013
I’ve had occasion in the last few months to scrutinize my own state’s (Arizona’s) restraining order statutes, which are a study in prejudice, civil rights compromises, and politically coerced naïvety. Their outdated perspective fails even to acknowledge the possibility of misuse let alone recognize the need for remedial actions to undo it. Restraining orders are […]
September 6, 2013
I’ve written recently about restraining orders’ circumvention of due process and remarked that at the time of their advent—the 1970s—this may have seemed to lawmakers like an urgently necessary evil. The phrase due process, to recap, refers to granting defendants (like recipients of restraining orders) the opportunity to defend themselves before a judgment is entered […]
September 3, 2013
“Due process of law implies the right of the person affected thereby to be present before the tribunal which pronounces judgment upon the question of life, liberty, or property, in its most comprehensive sense; to be heard, by testimony or otherwise, and to have the right of controverting, by proof, every material fact which bears […]
March 26, 2013
A commenter on this blog’s Q&A page recently submitted an update on his own ordeal that illumines the contradictions, corruption, and chaos that mar the restraining order process. His story, which I’ve edited for clarity, is worthy of the attention of legislators and should be of interest to anyone who has a stake in these matters […]
May 21, 2018
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