Browsing All posts tagged under »due process«

Undocumented Immigrants and “Women’s Law”: Reflections on Liberal Incoherence

September 14, 2018

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The plight of undocumented immigrants has become a banner cause for the liberal left. They don’t comprehend the law; they just reckon detaining people for being in this country without official leave is cruel—and maybe unconstitutional. Welcome to the United States civil justice system, the same civil justice system whose criminalization of its own citizens […]

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If Restraining Orders CAN Be Abused, then the PROCESS Is Abusive—and Should Be Repealed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

No One Is a VICTIM Just because S/he Says S/he Is: A Reminder for Reporters…and Other People Who Shouldn’t Need Reminding

March 12, 2016

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I looked at a form I was handed a couple of weeks ago at a criminal arraignment I was ordered to attend. The form gives the impression I was supposed to sign it, which no one asked me to do. This would be disturbing if I were still capable of registering disturbance. I noticed with […]

Introducing the “Indefinite Temporary Restraining Order”

November 11, 2015

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No, this isn’t satire, and Joseph Heller, author of Catch-22, didn’t coin the phrase “indefinite temporary.” It’s a capsular commentary on the state of our courts, however, that actual judges can actually use a phrase like this in actual rulings that affect actual people. That these judges can actually get away with it says a […]

The Words Get in the Way: Reconceiving Arguments against Restraining Order Fraud

October 13, 2015

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Traffickers of this blog will sometimes advise that complainants of abuse of so-called “protective orders” consider “the bigger picture.” They feel the matter is less about personal loss than about statutory and procedural derelictions (bad law and judicial bias, carelessness, and tyranny). They emphasize principle over individual privation. For some, the bigger picture that’s stressed […]

A Story of Female Sterilization That Should Stress to Those Who’ve Been Violated by Fraudulent Abuse of Legal Process Why Reporting Judicial Tyranny and False Accusers Is by Itself Pointless (You Must Demand Change)

October 27, 2014

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The point of sharing the explication below is to emphasize how forlorn prospective recourses for redressing rights violations stemming from false restraining order and similar prosecutions are. Accountability is zero, across the board. If you’ve ever wondered why a judge may be censured for rude conduct but not for ignoring lies or misrepresenting evidence, here’s why. Quoted from “The […]

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, […]

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 […]

“The PPO Destroyed My Career”: Grant’s Story of Restraining Order Abuse

August 25, 2014

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Grant Dossetto has a degree in finance he can’t use. That’s because a personal protection order (PPO) was petitioned against him in 2010 by a friend, and the law mandates that all restraining order recipients be registered in the FBI’s National Crime Information Center (NCIC) database—indefinitely. The Securities and Exchange Act of 1934 requires those […]

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 […]

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 […]

Objections to Restraining Orders AREN’T about Restraining Orders

December 1, 2013

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Let’s get something clear: protests against restraining orders aren’t about restraining orders. Granted, it’s a violation against decency and all things American for the government to casually curtail citizens’ freedoms without even consulting them first. But, seriously, who cares if a judge says one adult can’t talk to some other adult? Objections to restraining orders […]

What HE Said: On Why Once a Restraining Order Fraud Has Been Put Over on the Courts, It Sticks like Pigeon Scat on a Car Hood

November 14, 2013

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A principle of law that everyone ensnarled in any sort of legal shenanigan should be aware of is stare decisis. This Latin phrase means “to abide by, or adhere to, decided things” (Black’s Law Dictionary). Law proceeds and “evolves” in accordance with stare decisis. Anybody who’s read a Grisham novel or seen its screen adaptation […]

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 […]

Coercing Coercion: State Abuses of the Restraining Order Process

March 13, 2013

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I was emailed yesterday by a humbly polite man whose family was under threat of eviction from their state-subsidized living quarters if his wife refused to swear out a restraining order against him. He admits to a criminal past but says he’s engaged in no recent conduct that would warrant this invasive action. Nevertheless his […]