April 13, 2018
A mathematician would dismissively tell you that you can’t describe one-half of zero. The project is absurd. Yet civil courts, as a matter of policy, demand that defendants perform this nonsensical exercise every day. This advice about telling “your side of the story about what happened” is offered by the California Court System, and it presumes […]
March 31, 2018
Below is Massachusetts law firm Dane Shulman Associates writing about the game of false accusation. Lawyers know this happens. They know it very well. Various feminist advocates doggedly assert that restraining order abuse, particularly to gain leverage in family court, is insignificant—or worse, that claims of it are merely men’s rights propaganda—and such assertions are […]
March 23, 2018
If you’re not sure what the title means, that’s the point. It’s satirical and intended to emphasize that if you falsely accuse someone of abusing a child and the accusation sticks, there’s about a 100% probability that the restraining order will work to deter future abuse of that child by the falsely accused person who never abused the child […]
September 30, 2016
As the story goes, civil restraining orders are awarded to plaintiffs who demonstrate by a “preponderance of the evidence” that they need one. According to this story, a judge determines by actuarial science that there’s a 51% or greater probability that the petitioner’s need is valid, that is, that s/he’s representing some facts and his […]
December 28, 2015
The previous post, which highlights how fraudulent abuse of process is promoted and disguised, contains a link to a PDF prepared by the National Coalition Against Domestic Violence (NCADV) called “Comparison of VAWA 1994, VAWA 2000 and VAWA 2005 Reauthorization Bill.” The acronym VAWA stands for the federal Violence Against Women Act, which was ratified over […]
November 28, 2015
“Learned helplessness is behavior typical of an organism (human or animal) that has endured repeated painful or otherwise aversive stimuli which it was unable to escape or avoid. After such experience, the organism often fails to learn escape or avoidance in new situations where such behavior would be effective. In other words, the organism seems […]
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 […]
August 15, 2015
“In thousands of 10-minute hearings held all over the Commonwealth, judges are now able to do what the Marxists have only dreamed of doing before now, and could never hope to do before they were able to use the pretext of ‘domestic violence.’ However, the real violence is almost always to the rights of the […]
August 12, 2015
One of the earliest posts on this blog (from 2011) offers some procedural orientation to the falsely accused. The author hasn’t revisited the post except to update a link to attorney Gregory Hession’s blog, MassOutrage, which is recommended reading. Much of the author’s early advice is important: show up early, dress well, be polite, organize […]
July 19, 2015
“Rejecting the trial court’s concentration solely on the most recent event, we held it to be ‘essential that the court avoid an unduly narrow focus. One cannot determine whether [a CPO is appropriate] by simply examining the most recent episode. Rather, the judge must be apprised of the entire mosaic.’” —District of Columbia Court of […]
July 13, 2015
“TRO violation for inadvertent butt calls” “I have a protective order against my husband to protect my children and myself. Can my children send a card to him?” “Protection order—does it apply to her as well?” “Can you say hello to someone with a restraining order?” “Back with my wife, and she has an order […]
July 9, 2015
Both questions in the title have a common answer, which I’ll illustrate by allegory. When I was about 20, I worked next to the residence of an aged woman who kept a Rottweiler on a chain in her yard. The dog lived on the tie-out all hours of the day and probably had all of […]
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 […]
July 2, 2015
In the wake of several purported cases that gained widespread attention and then unraveled, free range feminist representations of rape, including how prevalent it is, have fallen under scrutiny and skepticism. Press response to the excesses of anti-rape rhetoric has been persistent—and in instances remonstrative, if not scathing. A significant source of backlash has been claims of rampant sexual coercion and […]
June 30, 2015
The question in the title of this post isn’t a hypothetical one. People are nominated rapists by default (as well as “domestic abusers,” “stalkers,” or what have you). They’re accused by restraining order petitioners in civil court (sometimes without their knowledge) and don’t or can’t respond. So they’re found guilty…without a trial. Let’s say you live in Rhode […]
June 26, 2015
“I hate this world and almost everybody in it. People use each other. I find most of you disgusting. My brothers are disgusting. The people I used to work with are disgusting. You’re shallow, you’re two-faced and hypocritical, you’re judgmental, you cause me more pain than you could ever possibly know. You don’t want me […]
June 23, 2015
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 […]
June 20, 2015
A couple of weeks ago, a correspondent of mine, whose brother is in the service, brought my attention to this National Review story, which underlines the sort of political contradictions that are bound to drive any thinking person up the wall: “The Deadly Consequences of Draconian Gun Laws.” It’s about a 39-year-old hairdresser, Carol Browne, […]
June 18, 2015
“Could the number be between 3 and 8 percent? Absolutely. But it could be substantially higher than 8 percent; it could even be that 40 percent of rape accusations or more are false, though I’d bet against that. It’s possible that less than 3 percent of rape accusations are false, though again, I would offer […]
May 7, 2018
0