Browsing All posts tagged under »civil rights«

About Liberalism and Its Deterioration of Civil Rights…and Its Own Credibility

May 21, 2018

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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 […]

If Restraining Orders CAN Be Abused, then the PROCESS Is Abusive—and Should Be Repealed

April 16, 2018

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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 […]

How Perjury in Restraining Order Cases Is “Incentivized”

May 4, 2016

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“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 […]

Law Professor Brooke Coleman Explains Why the Civil Defendant Is Denied Legal Counsel, and Why This Is Unjust

September 27, 2015

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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 […]

Understanding the Significance of False Accusations in Restraining Order and Related “Trials”

September 23, 2015

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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 […]

Restraining Orders Don’t Empower Anyone but Police Officers, Prosecutors, and Judges; “Victims” Are Relieved of Their Rights, Also

July 4, 2015

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“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 […]

In Its Condemnation of the Men’s and Fathers’ Rights Movements, the Southern Poverty Law Center Has Institutionalized Bigotry and Hate (Including Racial Bigotry and Hate)—Here’s How

April 29, 2015

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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 […]

Criminalizing Criticism: Restraining Orders, the First Amendment, and Chan v. Ellis

November 1, 2014

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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 […]

Facts and Fairness: Using Arizona’s Policies to Expose Restraining Order Iniquity

September 13, 2014

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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, […]

Battering Women to Protect Battered Women: Using Massachusetts’s Policies to Examine Restraining Order Publicity and Its Damages

September 10, 2014

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“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. […]

Responding to a Feminist Professor Kelly Behre’s Perspectives on Men’s Rights Activism

September 4, 2014

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“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 […]

Connecticut Lawmakers Conclude Getting a Restraining Order Isn’t Easy Enough Already

August 25, 2014

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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, […]

Mocking the Constitution for 35 Years: A Summary of Defendants’ Due Process Rights under the American Charter and How Restraining Orders Treat Them Contemptuously

June 15, 2014

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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 […]

False Restraining Orders That Allege Emotional Abuse ARE Emotional Abuse

June 5, 2014

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A theme that emerges upon consideration of restraining order abuse is lack of empathy—from impulsive or false accusers and from those who abet them. Plaintiffs who act either spitefully or viciously seldom appreciate the ramifications of their actions. They may possess what we call a normal conscience but either don’t think or, in the heat […]

Ungoverned: Restraining Order Laws in Arkansas

May 29, 2014

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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 […]

Presumed Guilty: On How Restraining Order Laws Enable and Promote Abuse

November 11, 2013

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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 […]

A Safety Seal: What Restraining Orders and Tic Tacs Should Have in Common but Don’t

September 6, 2013

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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 […]

Circumventing Due Process Isn’t Just What Restraining Orders Do—It’s What They Were Designed to Do

September 3, 2013

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“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 […]

“Are You Serious?”: One Commenter’s Experience of Restraining Order Corruption

March 26, 2013

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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 […]