Browsing All posts tagged under »constitutional rights«

If Restraining Orders CAN Be Abused, then the PROCESS Is Abusive—and Should Be Repealed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

“Defend Our Constitutional Rights”: Anne’s Proposal to Redress Restraining Order Injustice

August 27, 2015

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Below is a proposition by a 74-year-old California woman, Anne Copeland, who’s earning a degree in criminal justice administration. Anne alleges that accusations against her made in a restraining order petition were trumped up, and has reported being taunted and terrorized by her accusers, who were her neighbors. She also reports she’s been prohibited from performing volunteer […]

Constitutional Rights Are Only Real if They Can’t Be Denied: On the Price of Tolerating Bad Law

August 22, 2015

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“Americans need to wake up to the sobering fact they are living in an ongoing Constitutional crisis in the U.S.A. Their Constitutional rights are being deep-sixed by the courts in bulk. And once they’re gone, they’re gone forever, [with] ‘precedent’ and ‘stare decisis’ standing in their place.” —Former attorney Larry Smith, author of BuncyBlawg.com Imagine […]

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 […]

A Wronged Father’s Immodest Proposal for Restraining Order Reform

June 23, 2015

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The author of this guest commentary is a Virginia man whose wife obtained “three temporary restraining orders against [him], and finally got a permanent restraining order imposed against [him] in Colorado in January 2015, based on a claim of domestic abuse, stalking, sexual assault, and physical assault,” a claim made seven months after she had […]

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. […]

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, […]

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 […]