I responded to a paper published last year by law professor Kelly Behre, who took umbrage that so-called FRGs (father’s rights groups) were promulgating the statistic that 80% of restraining orders were frivolous or false. This conjectural statistic (60 to 80%) was, I believe, postulated by Save Services based on its studying available information, which […]
December 4, 2014
“A U.S. law professor, who will be speaking at the Commons, said the UK’s stance on false allegations [of rape] is more aggressive than in countries such as the United States, Canada, and Australia. Prof. Lisa Avalos, of the University of Arkansas, said false allegations in the U.S. were dealt with as a misdemeanour offence, […]
November 25, 2014
J, a single dad who lives in Texas with his two kids, submitted his story as a comment to the blog in September, prefacing it: “I am writing this to share [it] with the rest of my fellow male victims [who] fall in with the dreaded Crazy.” The “dreaded Crazy” in J’s case manifested as […]
November 23, 2014
Journalists who recognize the harm of facile or false allegations invariably focus on rape. This ignores the harm done to women by false allegations, of course, and shows ignorance, besides, of a significantly more fertile yet equally damaging source of wrongful prosecutions: the civil restraining order. Unarguably there are few miscarriages of justice worse than […]
October 21, 2014
Under the Violence Against Women Act (VAWA), some $10 billion has been invested over the past 20 years in procedures meant to redress violence against women, and restraining orders are the centerpiece of a host of related legislative measures. The truth is restraining orders can’t prevent violence; they’re just pieces of paper. Their only value […]
October 14, 2014
“A blackmailer could attempt to blackmail someone with a threat to accuse him falsely, but we should expect such cases to be rare because the victim has a good remedy: sue the blackmailer for defamation. Good but not perfect, because the blackmailer may not have the resources to pay a legal judgment. Criminalizing this form […]
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 7, 2014
The previous post was a response to research conclusions published this year by Dr. Kelly Behre, director of the UC Davis Law School’s Family Protection and Legal Assistance Clinic. In a paper titled, “Digging beneath the Equality Language: The Influence of the Fathers’ Rights Movement on Intimate Partner Violence Public Policy Debates and Family Law […]
December 10, 2013
Restraining orders, which some have called blank checks to do malice, are marvelously versatile instruments. Consider, for example, that while they were conceived to deter stalkers from, say, hanging around other’s homes at night and propositioning them in the dark, they’re also easily obtained by stalkers to legitimate the same or similar conduct. Because restraining […]
December 1, 2013
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 […]
November 14, 2013
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 […]
August 23, 2011
The brief, unedited accounts and pleas for justice and legislative representation that follow are drawn from an online petition titled, “Stop False Allegations of Domestic Violence.” They represent its most recent four months’ responses only. Worthy of note is that at least 25% of responses are from women (some themselves victims of restraining order abuse) […]
March 23, 2015
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