Browsing All posts tagged under »protection orders«

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 […]

Play Misty for Me: Feminine Psychodrama and Restraining Orders

May 4, 2018

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“The first time ‘Misty’ broke into the backyard to pound and scream at the bedroom window, the police handcuffed her and said—her face pressed to the hood of the idling black-and-white—that she was not to return. I figured we would never see her again after that early morning in 2012. But the next night, around […]

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 […]

What Does It Mean When a Defendant Is Enjoined by the Court from Making “Indirect Contact” with the Plaintiff?

September 2, 2016

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“If the writing does not request or direct a third party to contact you vicariously, and or request a third party to forward any communication to you, there is no indirect contact. Essentially, the restrained party is not prevented from communicating about you, but rather communicating with you… [emphases added].” —California attorney Timothy Miranda Mr. […]

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 […]

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 […]

“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 […]

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 […]