Browsing All posts tagged under »restraining order reform«

If Restraining Orders CAN Be Abused, then the PROCESS Is Abusive—and Should Be Repealed

April 16, 2018

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This post addresses a block its writer has noted even in the commentaries of those profoundly injured by unjust or false accusations. That block typically runs something like this: “I’m totally for restraining orders when they protect the violently abused, but….” This perspective is blind, and this post will explain why. “The road to hell […]

Texas Officials Michael Honeycutt and Tiffany Bredfeldt Allege Sexual Solicitation in Contradictory Testimony to the Arizona Superior Court, Implicating a Tucson Man Who’s Been Falsely Accused for 11 Years: ILLEGAL GAG ORDER GUTTED; “WOMEN’S LAW,” TCEQ DISCREDITED

January 1, 2018

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This post, published on the first day of the year, was updated on July 9, 2018 (reflected in the new title), and content that had been unlawfully censored by the court has been restored. A recent respondent to this blog commented, “I think these injunctions violate the Constitution.” Despite the baggy parameters dictated by the […]

How to Reform Corrupt “Abuse” Laws: VOTE THEIR SUPPORTERS OUT

December 20, 2017

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Various ways to effect change present themselves to earnest, reasonable, civic-minded people who’ve been savaged by abuses of family court, domestic violence, and/or restraining order procedures but still expect sense to prevail over madness. Here are some of those ways: Start a petition (one started by the writer was censored by its host the moment […]

An Aggressive Approach to Restraining Order Policy Reform: Threaten to Sue the State Courts Administrator in Federal Court

February 3, 2016

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Restraining orders are public records, and recent posts have concerned or commented on their publicity and the unavailability of having their traces expunged even if orders are dismissed by their petitioners or otherwise vacated. This post highlights the pioneering efforts of one Missouri civil rights lawyer to upset the imbalance by threatening to file a federal lawsuit. “Unless expunged, […]

Introducing the “Indefinite Temporary Restraining Order”

November 11, 2015

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No, this isn’t satire, and Joseph Heller, author of Catch-22, didn’t coin the phrase “indefinite temporary.” It’s a capsular commentary on the state of our courts, however, that actual judges can actually use a phrase like this in actual rulings that affect actual people. That these judges can actually get away with it says a […]

“Somebody Do Something to End This Madness!”: One Commenter’s Appeal for Restraining Order Reform

October 22, 2015

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A comment Wednesday resonated with the author’s experiences of legal abuse and many others’. It said its writer’s life was trashed because he showed compassion for another. He exhausted his savings to help his ex-wife out of a fix, flying out to California from Colorado on a day’s notice. Five years later, having lived with […]

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 […]

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 […]

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 […]

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 […]

Not All Feminists Are Women, but All Feminists Are Responsible for Why False Accusations Are Rampant and Why They Work

January 16, 2015

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Feminist lobbying is to blame for the injustice of restraining order and related laws and policies. There are no ifs, ands, or buts about it. False accusations shouldn’t work, but they do—commonly, and not uncommonly to devastating effect. That’s thanks to feminist crusaders, who may or may not represent Women, and who may or may […]

“You have bullsh*t; we have research”: The National Coalition Against Domestic Violence v. Daddy Justice (Or, Why False Allegations Are a Serious Problem)

January 13, 2015

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A correspondent, friend, and fellow blogger who’s been relentlessly attacked through the courts by a disturbed neighbor (over a period now spanning years) sent a link to the YouTube vid “The Grand Poobah” last week. It’s a 2011 “interview” between men’s rights activist Ben Vonderheide (a.k.a. “Daddy Justice”) and Rita Smith, former executive director of […]

Dust It Off: This Isn’t 1979, and It’s Time Restraining Order Laws Were Reconsidered

January 8, 2015

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Many links in this post are to others that will be republished shortly pending review for content that has been judicially censored.—Editor I remarked to a commenter the other day that when I became a vegetarian in the ’80s, I was still a kid, and my family took it as an affront, which was a […]

“Trapped”: Betty’s Story of Restraining Order Abuse

January 2, 2015

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Betty Krachey says she only wishes she had superpowers. She has, nevertheless, been flexing her muscles pretty impressively for a former drugstore clerk. Betty launched a website and e-petition not long ago to bring flaws in the administration of restraining orders and the need to hold false accusers accountable to the attention of lawmakers in […]

You Can’t Sue for Perjury: Why Targets of Restraining Order Fraud and Other Procedural Abuses Based on Lies Get Screwed and Stay Screwed

December 21, 2014

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The postscript (P.S.) to a series of comments left on the blog this week by the stepmother of a man who was falsely accused of violence asks whether he could sue his ex-girlfriend for lying. The details, as the stepmother reports them, are these: Man and woman, who aren’t married, were together for four years […]

A Story of Female Sterilization That Should Stress to Those Who’ve Been Violated by Fraudulent Abuse of Legal Process Why Reporting Judicial Tyranny and False Accusers Is by Itself Pointless (You Must Demand Change)

October 27, 2014

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The point of sharing the explication below is to emphasize how forlorn prospective recourses for redressing rights violations stemming from false restraining order and similar prosecutions are. Accountability is zero, across the board. If you’ve ever wondered why a judge may be censured for rude conduct but not for ignoring lies or misrepresenting evidence, here’s why. Quoted from “The […]

What Journalists Need to Understand about What Restraining Orders Are: A Tutorial for Investigators, Part 2

October 9, 2014

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“Orders for protection represent a legislative attempt to incorporate distinct features from both civil law and criminal law. On the one hand, a private litigant can initiate judicial proceedings to seek redress against another private individual. On the other hand, criminal penalties, such as fines and incarceration, will attach if a protection order is violated. […]

Restraining Orders Based on Fraud Falsely Imprison Defendants Whether They’re Incarcerated or Not

June 25, 2014

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“Forensic psychiatrists and other mental health professionals must remember that although allegations are often genuine, there is an almost equal number of cases…in which they are not. Complete and objective assessment is always required, and especially so when accusations emerge in contexts such as the following: Certain kinds of mental illness and character traits (particularly […]

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 […]

False Restraining Orders That Allege Emotional Abuse ARE Emotional Abuse

June 5, 2014

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A theme that emerges upon consideration of restraining order abuse is lack of empathy—from impulsive or false accusers and from those who abet them. Plaintiffs who act either spitefully or viciously seldom appreciate the ramifications of their actions. They may possess what we call a normal conscience but either don’t think or, in the heat […]

Impulse: How Restraining Orders Encourage and Reward Tantrum Behavior and Why Feminist Advocates Should Be the First to Push for Their Reform

June 3, 2014

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It’s often fairly remarked that feminists tend not to acknowledge restraining order abuse, let alone express resentment toward female offenders. There are exceptional instances, however, as you’ll see below. It’s also remarked that rash or false allegations mock and discredit the suffering of genuine victims. The respondent in the forum exchange that follows, though she doesn’t […]

WomensLaw: A Domain Name That Says All You Need to Know about Where Restraining Order Reform Needs to Start

May 30, 2014

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The biggest challenge to sensitizing people to abusive restraining order policies that are readily and pervasively exploited by malicious litigants can be summed up in a single word: sex. Women, who are often victims of abuse of court process, don’t want to implicate women in their injuries; they want to blame their false accusers, who […]

They Don’t Have to Be True, Just “Truthy”: Civil Restraining Order Allegations and the “Burden of Proof”

May 6, 2014

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“Preponderance of the evidence, also known as balance of probabilities, is the standard required in most civil cases. […] “The standard is met if the proposition is more likely to be true than not true. Effectively, the standard is satisfied if there is greater than 50 percent chance that the proposition is true.” —Wikipedia, “Legal […]

“American Law is Irresponsible”: The American Civil Standard of Evidence and Abuse of Restraining Orders

April 26, 2014

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“On the European continent, for the court to hold against the defendant, the judge must be convinced that the facts brought forward by the plaintiff in support of the claim are indeed true. In principle, continental law does not make a difference between civil law and criminal law […]. By contrast, U.S. law has three […]