Browsing All posts tagged under »protection orders«

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 […]

Low and Outside: An Umpire’s Story of Restraining Order Abuse (by an Underhand Screwball)

June 6, 2015

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The common assumption—one that’s been vigorously enforced by advocates of the “abuse industry”—is that restraining orders are used to protect “victims” from “abusers.” So-called abusers are represented as violent husbands or boyfriends, or as stalkers, representations that account for the ubiquity of restraining orders and the ease of their procurement. The man whose story of […]

What “the Law” Means in the Restraining Order Arena and Why All Reasonable Expectations Defendants Have Are Wrong, Wrong, Wrong

May 31, 2015

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“I put a restraining order on my ex-husband. Now he’s depressed and staying in his truck.” “Can a restraining order result in suicide?” “Get [a] restraining order lifted for job.” “Can a restraining order be appealed if there isn’t evidence?” “How will it affect my child custody if I filed a false order for protection?” […]

You Don’t Want to “Be a Part of It”: Commentary on New York’s Protection Order Biz

May 21, 2015

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I corresponded with a man last year, a man in a homosexual relationship, who was assaulted by his partner severely enough to require the ministrations of a surgeon. His boyfriend was issued a restraining order coincident to his being charged with assault. That’s how it typically works in New York: A protection order is issued following […]

In Its Condemnation of the Men’s and Fathers’ Rights Movements, the Southern Poverty Law Center Has Institutionalized Bigotry and Hate (Including Racial Bigotry and Hate)—Here’s How

April 29, 2015

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There are prominent voices on the Internet, in the ivory tower, and in the press that disparage the plaints of fathers who are alienated from their children by lies and legal abuse, and denied roles in their kids’ lives. They call these fathers’ ventilations of despair and anger “misogynist,” and they look no further. This […]

The “Nightmare” Neil Shelton Has Lived for Three Years and Is Still Living: A Father’s Story of Restraining Order Abuse

April 24, 2015

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The following account is reported by North Carolinian Neil Shelton, a father denied access to his son and daughter for “three years now and counting.” In his account, Mr. Shelton alleges that his sister, in collusion with his ex-wife, lied to have him involuntarily committed, and that one or more partners in the law firm of his ex-wife’s […]

Abandon All Hope Ye Who Enter Here: The Hell of Legal Abuse Syndrome

April 10, 2015

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This is the third sequential post on this blog about Legal Abuse Syndrome (LAS), a condition proposed by marriage and family therapist Karin P. Huffer “that develops in individuals assaulted by ethical violations, legal abuses, betrayals, and fraud” and that’s exacerbated by “abuse of power and authority and a profound lack of accountability in our […]

“Shame and Stigma” and the “Mean-Spirited Cultural Response” That Efforts to Cast Them Off Provoke: Procedural Abuse and Parental Alienation

April 1, 2015

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“Parental alienation is the ‘programming’ of a child by one parent to denigrate the other (targeted) parent, in an effort to undermine and interfere with the child’s relationship with that parent, and most often occurs within the context of a child custody conflict. This includes the ‘legal abuse’ of parents who have been disenfranchised from […]

A Victory for Free Speech: Matthew Chan Prevails in His First Amendment Appeal of a Lifetime Restraining Order

March 30, 2015

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Several posts on this blog in the past year have concerned the case of Matthew Chan, a Georgia entrepreneur who blogs and administers a forum for victims of “copyright extortion” (i.e., people who’ve been threatened with lawsuits for unsanctioned use of a copyright holder’s original material and may be intimidated into paying thousands to avoid […]

STINKIEST: Most Restraining Orders Are Sought Impulsively, if Not Maliciously

March 29, 2015

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“The first question for a legislature is whether to enact a civil harassment law at all. One thing is certain: If a civil harassment statute is enacted, it will be used—a lot. In 2003, Oklahoma reimposed a relationship requirement on its civil harassment statute because metropolitan counties were ‘being overrun with requests for protective orders.’” […]

STINKIER: Not Only Do the Courts Toss Most Restraining Order Petitions, a Lot of the Ones That Are Finalized Are Later Withdrawn by Their Petitioners

March 27, 2015

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A couple available rejection rates for restraining order petitions filed with the courts were scrutinized in the last post. Those rates, based on news reports out of Colorado (1998) and Connecticut (2014) were high: roughly 82% (lowball calculation) and 72%, respectively. That’s how many restraining order petitions may be denied or dismissed by our courts. They’re […]

Invoking the Fifth Amendment Protection against Self-Incrimination in “Domestic Violence” Cases

March 25, 2015

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In “How the Fifth Amendment Impacts Family Court in Domestic Violence Cases” (2013), family attorney Tracy Duell-Cazes offers the following counsel against self-incrimination (it’s directed to Californians but may be applicable generally): To make this easier to read, I will use Respondent when referring to the person who is accused of committing a domestic violence […]

A Word on Restraining Order Statistics and the Rate of False Restraining Orders

March 23, 2015

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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 […]

Judicial Incompetence and the Consequences of Restraining Order Rulings (Using South Carolina to Illustrate Why the Restraining Order Process is Pernicious)

March 16, 2015

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“Most magistrate judges in both Beaufort County and the state are not lawyers, and the county’s chief magistrate lacks a college degree, state records show. […] “In Beaufort County, four of 11 magistrates are lawyers, according to Terry Leverette of S.C. Court Administration. “Seven of the county’s judges were required to have a four-year college […]

In Perspective: How to Look at Restraining Order Judges Neutrally

March 15, 2015

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It’s hard not to hate judges who issue rulings that may be based on misrepresentations or outright fraud when those rulings (indefinitely) impute criminal behavior or intentions to defendants, may set defendants up for further (or serial) malicious prosecutions by the same false accuser (and possibly land them in jail), and may finally inflict severe privations, […]

Diddly: What Judges Who Issue Restraining Orders May Know about the Law

March 11, 2015

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I should go back and edit out whatever grudging credit I’ve given to judges for their knowledge of the law in posts past. It turns out that if you’ve been calling the guy or gal who issued you a restraining order—and then scorned and humiliated you when you tried to defend yourself—a “clown,” a “petty […]

Talking Back to Restraining Orders Online: What the First Amendment Says Is Okay

March 1, 2015

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“If someone puts a restraining order on you, can you write about it online?” —Google query that brought a visitor here recently Here are some other search terms that led people to this site last week: “lying to obtain a restraining order,” “false cps reports perjury,” “fake rape restraining order,” “restraining order lie,” “falsely accused of molestation […]

“She Said That I Had Been Burning Him Intentionally and That I Had Kidnapped Him”: Aaron’s Story of Restraining Order Abuse

February 27, 2015

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The account below was recently submitted as a comment to BuncyBlawg.com, a site I’ve mentioned in several recent posts. Its administrator, Larry Smith, a former attorney, has been waging a one-man war on corruption excited by his relentless persecution through and by the legal system since 2011. Aaron’s story is one of a spiteful ex-partner […]

Cross-Examination: Yet Another Way the Deck Is Stacked against Restraining Order Defendants

February 23, 2015

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Perusing the trial transcript of a North Carolina man, former attorney Larry Smith, forcefully brought something to my attention last week, namely, that cross-examination can make or break a defense. Larry extricated himself last summer from the latest of an endless series of fraudulent complaints and prosecutions brought against him by a vexatious litigant—this trial revolved around […]

Inciting Violence: If Lawmakers Require a Compelling Motive for Restraining Order Reform, How about This One?

February 12, 2015

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I examined a case, recently, of a man’s committing murder hours after being accused to the police. My familiarity with the case was, admittedly, shallow; I only had what was reported to go on (and that from a single, “raw” source). I have, however, heard from scores of people who’ve been accused—or scorned for telling […]

“On the Receiving End of a Sociopath’s Lies”: A Professional Mom’s Story of Restraining Order Abuse

February 10, 2015

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The following account is reproduced almost verbatim from an email of recent vintage. Its writer is a professional woman and single mother of three with whom I corresponded last year while she was embroiled in strife—legal, medical, and emotional (a synergy of torments that’s been reported here before). The capsule version of her story is that she was […]

Games That Kill: Sex, the “Justice System,” Accusal, Restraining Orders, and “the News”

February 8, 2015

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“‘She likes playing the little mind games too,’ he remarked. ‘She’s not quite as innocent as she makes it out to be.’” —A Texas man to the police, 16 hours before he killed his girlfriend and himself The headline reads, “Texas man threatens girlfriend 7 times in a month, then kills her hours after she […]

Accusation of “Whatever”: How We’ve Forgotten What Restraining Orders Were For

February 1, 2015

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In an offhand response to a comment yesterday, I remarked that restraining orders weren’t meant to provide people with a sense of security; they were meant to secure people from danger. There’s a distinction, as I also remarked, and it’s been forgotten. So entrenched an institution of law and so commonplace has the “restraining order” become […]