Browsing All posts tagged under »restraining order laws«

How Restraining Orders Make American Civil Procedure Contemptible (Russian Teacake, Anyone?)

October 26, 2015

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Accusers are presumed to be truthful, so it falls to the accused to prove they’re innocent. Accusers are charged nothing to file a complaint, which requires only a few moments of time, and face no risk of prosecution if the complaint is false. Preliminary rulings are formed in backroom meetings between judges and accusers alone. […]

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?” […]

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 […]

Criminalizing Criticism: Restraining Orders, the First Amendment, and Chan v. Ellis

November 1, 2014

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This search term brought a visitor here a day or two ago: “restraining order in ohio because a couple texts.” It struck a chord with this author, because he himself was issued a restraining order on a similar basis (three emails over a weekend). There were accompanying allegations, but the court’s final ruling was based […]

Facts and Fairness: Using Arizona’s Policies to Expose Restraining Order Iniquity

September 13, 2014

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I live in Arizona where I was issued a restraining order in 2006 petitioned by a woman I nightly encountered hanging around outside of my house. The restraining order said I was a danger to her husband and shouldn’t be permitted to approach or talk to him. If you receive a restraining order in my home state, […]

Connecticut Lawmakers Conclude Getting a Restraining Order Isn’t Easy Enough Already

August 25, 2014

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Those victimized by liars who abuse restraining order and domestic violence laws often blame their judges. It’s natural. They’re the ones who deprive the wrongly accused of dignity, liberty, property, and family—and theirs are the words that echo in the memory and grate on the nerves during the empty hours. Lawmakers it must be remembered, […]

Ungoverned: Restraining Order Laws in Arkansas

May 29, 2014

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I’ve combed the Internet in recent weeks for motion-to-dismiss forms applicable to restraining orders issued in the 50 states. For Arkansas, there’s nothing to be found. Zip. If that weren’t suggestive enough that the process is a lock, consider the above entry excerpted from a 2011 Arkansas Court Bulletin. The case commentary (which you’ll observe […]

The New Domestic Violence: Restraining Order Abuse

December 7, 2013

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Daughter: “He hits me, Ma.” Mother: “Well…I can’t say I’m surprised. What’d ya do?” Daughter: “Whaddya mean, what’d I do?” Mother: “What’d ya do to make him angry? He didn’t just hit ya outta the blue.” Daughter: “I guess I didn’t do what he wanted me to.” This exchange is extracted from a recent Hollywood […]

Presumed Guilty: On How Restraining Order Laws Enable and Promote Abuse

November 11, 2013

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I’ve had occasion in the last few months to scrutinize my own state’s (Arizona’s) restraining order statutes, which are a study in prejudice, civil rights compromises, and politically coerced naïvety. Their outdated perspective fails even to acknowledge the possibility of misuse let alone recognize the need for remedial actions to undo it. Restraining orders are […]

A Safety Seal: What Restraining Orders and Tic Tacs Should Have in Common but Don’t

September 6, 2013

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I’ve written recently about restraining orders’ circumvention of due process and remarked that at the time of their advent—the 1970s—this may have seemed to lawmakers like an urgently necessary evil. The phrase due process, to recap, refers to granting defendants (like recipients of restraining orders) the opportunity to defend themselves before a judgment is entered […]

Restraining Order Administration and Money, Money, Money, Money, Money

May 30, 2013

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“The restraining order law is perhaps the second most unconstitutional abomination in our legal system, after our so-called child protection (DSS) laws. The restraining order process is designed to allow an order to be issued very easily, and to be appealed, stopped, or vacated only with the utmost difficulty…. “The motives for this law are […]