Browsing All posts tagged under »orders of protection«

Tell Us a Story: Using Pennsylvania’s Laws to Expose Restraining Order Lawlessness

May 7, 2018

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“The court determines a witness’s credibility and may infer fear based on the witness’s testimony describing the defendant’s actions.” —Karch v. Karch, 885 A.2d 535 (Pa. Super. 2005) Complainants of false allegations and judicial bias in restraining order prosecutions express disbelief that lying in court or forming rulings based on lies can be legal. Some […]

There Are No “Sides” to a Story That’s BS: How Restraining Order Policy Turns Lies into Realities

April 13, 2018

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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 […]

What Massachusetts Law Firm Dane Shulman Associates Says about Restraining Order Abuse and Divorce

March 31, 2018

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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 […]

Most False Restraining Orders against Feminists Who Abuse Children Work

March 23, 2018

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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 […]

“I Reckon”: The Standard of Proof Applied by Judges to Restraining Order Cases

September 30, 2016

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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 […]

If Restraining Order Cases Are Only about Narrative, How Do You Beat a Liar in Court?

September 16, 2016

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The next to last post stressed the importance of narrative in restraining order cases. Stories complainants tell pursuant to obtaining a restraining order don’t particularly matter. “I’m afraid” may suffice. In contrast, defendants’ narratives are critical. Strategic defense is not about “telling the truth.” It’s about telling the better story. Competing narratives are universally regarded […]

Restraining Order Cases Are about One Thing: NARRATIVE

September 15, 2016

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The universal conviction is that the court involves itself in a citizen’s life because the citizen did something wrong. Even judges are inclined to believe this. It’s wrong, and they’re wrong—and it’s very wrong of them to be wrong about something so important. The court involves itself in a citizen’s life because someone (automatically designated […]

How Restraining Order Fraud is Motivated and Concealed by VAWA and Its Advocates

December 28, 2015

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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 […]

Legal Abuse and “Learned Helplessness” (Including Commentary on the Mythical Value of “Taking the High Road”)

November 28, 2015

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“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 […]

“There’s No Justice System; There’s Just a System”: A California Paralegal’s Advice on Defending Yourself against a Restraining Order Based on Fraud

September 29, 2015

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The commentary and advice that follow are from a “paralegal at a top-tier criminal defense firm in Southern California.” I will go on record saying we have some clients that were slapped with permanent restraining orders and some were also on probation for prior convictions while the restraining order injunction was issued. A number of […]

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 […]

A Consideration of Attorney Gregory Hession’s “How to Fight a False Allegation Restraining Order”

August 15, 2015

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“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 […]

Pointers for Contesting a Restraining Order

August 12, 2015

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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 […]

Common Practices in Restraining Order Trials That the D.C. Court of Appeals Rejected Almost 20 Years Ago

July 19, 2015

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“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 […]

Precautions to Take (Immediately) if You’ve Been Issued a Restraining Order

July 13, 2015

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“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 […]

If a Man Who Complains of Procedural Abuse is an “MRA,” What Do You Call a Woman Who Complains of Procedural Abuse?

July 12, 2015

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It isn’t just the men disparaged as “MRAs” (men’s rights activists) who denounce the injustice of feminist-inspired “women’s law.” Women also lose their homes, their families, their dignity, and their lives to misapplications of restraining order and domestic violence statutes. Unlike the men whose lot they share, these women aren’t distinguished with a label. I propose the acronym […]

What Makes Someone an “MRA”? Why Are Those Guys So ANGRY?

July 9, 2015

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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 […]

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 […]

Women’s Use of Restraining Orders to Commit Rape

July 2, 2015

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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 […]

“Rapist by Default”: Is This a Court Ruling That Should Be Possible in the Civilized World?

June 30, 2015

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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 […]

What Restraining Order Defendants Need to Know That No One Ever Tells Them: The Truth Doesn’t Matter

June 28, 2015

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The ambition of this post, an intermission between considerations of graver subjects, is to dispel restraining order defendants’ faith in the value of “truth.” Defendants are led to believe that if they’re truthful in the defiance of lies or hyped allegations, all will turn out as it should. But truth is a false idol that […]

Borderline Personality Disorder, Procedural Abuse, and Feminism: A Victim’s Reckoning of Their Tolls

June 26, 2015

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“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 […]

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 […]

Restraining Orders Are Not Solutions People Should Be Told They Can Stake Their Lives On

June 20, 2015

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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, […]

That They’re Made in Civil Court, Too: A Response to Megan McArdle’s “What We Don’t Know about False Claims of Rape”

June 18, 2015

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“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 […]