People who are outraged by how protective order applications are vetted and how hearings are conducted often voice disbelief that laws and basic rules of civil procedure can be casually violated. Makes sense. It’s certainly true that wild schisms exist in how courts process cases, for example, between the codified words that we read in […]
April 16, 2018
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 […]
December 20, 2017
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 […]
February 3, 2016
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, […]
November 11, 2015
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 […]
June 23, 2015
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 […]
May 21, 2015
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 […]
March 29, 2015
“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.’” […]
January 16, 2015
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 […]
October 27, 2014
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 […]
June 16, 2014
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 […]
June 3, 2014
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 […]
May 6, 2014
“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 […]
October 17, 2022
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