Browsing All posts tagged under »restraining order legislation«

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.’” […]

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 […]

Judicial Impression Management: What Makes False Allegations “True” and True Allegations “False” (and Drives Victims of Procedural Abuses to Despair)

December 11, 2014

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“Politics, corporate bullshit—it’s all the same game of impression management.” —House of Lies What do political spin-doctoring, corporate PR, government-sponsored science, and judicial rulings have in common? Each is about impression management, the selective representation of facts to create a composite “truth” that suits a particular set of social, political, and/or economic imperatives. Pols and […]

“Predator” v. “Porn Star”: Restraining Order Fraud, False Allegations, and Suing for Defamation

October 26, 2014

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People falsely alleged to be abusers on restraining order petitions, particularly men, are treated like brutes, sex offenders, and scum by officers of the court and its staff, besides by authorities and any number of others. Some report their own relatives remain suspicious—often based merely on finger-pointing that’s validated by some judge in a few-minute procedure (and that’s when […]

How It Serves Political Interests to Issue Restraining Orders Falsely

October 21, 2014

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Under the Violence Against Women Act (VAWA), some $10 billion has been invested over the past 20 years in procedures meant to redress violence against women, and restraining orders are the centerpiece of a host of related legislative measures. The truth is restraining orders can’t prevent violence; they’re just pieces of paper. Their only value […]

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, […]

Feminist Reports Conclude Restraining Orders Don’t Work: Time to End the Experiment

June 16, 2014

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Restraining orders are defended on the basis that they protect female victims of domestic violence. The most recent posts on this blog have stressed the constitutional violations that are necessarily entailed by the process. One of them reprints a 1995 New Jersey Law Journal exposé: “N.J. Judges Told to Ignore Rights in Abuse TROs” by […]

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 […]

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 […]

Circumventing Due Process Isn’t Just What Restraining Orders Do—It’s What They Were Designed to Do

September 3, 2013

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“Due process of law implies the right of the person affected thereby to be present before the tribunal which pronounces judgment upon the question of life, liberty, or property, in its most comprehensive sense; to be heard, by testimony or otherwise, and to have the right of controverting, by proof, every material fact which bears […]

Coercing Coercion: State Abuses of the Restraining Order Process

March 13, 2013

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I was emailed yesterday by a humbly polite man whose family was under threat of eviction from their state-subsidized living quarters if his wife refused to swear out a restraining order against him. He admits to a criminal past but says he’s engaged in no recent conduct that would warrant this invasive action. Nevertheless his […]