Browsing All posts tagged under »restraining order reform«

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 […]

Objections to Restraining Orders AREN’T about Restraining Orders

December 1, 2013

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Let’s get something clear: protests against restraining orders aren’t about restraining orders. Granted, it’s a violation against decency and all things American for the government to casually curtail citizens’ freedoms without even consulting them first. But, seriously, who cares if a judge says one adult can’t talk to some other adult? Objections to restraining orders […]

Playing God: A Further Consideration of the Character and Conduct of Officers of the Court

November 30, 2013

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My previous two posts have been directed at the character and conduct of officers of the court (that is, attorneys and judges), and the one immediately preceding this one looked specifically at a number of cases of extreme judicial misconduct. I sketched some of the implications of this misconduct, which ranged from debauchery to violence, […]

“Breaking the Glasses”: One Blog Writer’s Metaphor for Exposing Restraining Order Abuse

November 24, 2013

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A highly intelligent and sensitive woman I’ve been in correspondence with in recent months, one who’s been put through the legal crucible and left badly scalded by it, remarked to me that despite what may be their best intentions, a lot of those on the Internet who protest abuses committed through the courts and by […]

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 Their outdated perspective fails even to acknowledge the possibility of misuse let alone recognize the need for remedial actions to undo it.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 […]

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 […]

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 […]

“Do I Need a Lawyer?”: On Combating Restraining Orders

May 28, 2013

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“Do I need a lawyer?” is a question that commonly brings restraining order defendants to this blog and other sites like it. No one wants to shell out thousands for an attorney to bat away allegations made on a restraining order that may have been concocted in a fit of pique by an embittered friend, […]

Crying Wolf: On Attention-Seeking Personality Disorders and Restraining Order Abuse

May 24, 2013

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I this week came across an online monograph with the unwieldy (and very British) title, “Drama Queens, Saviours, Rescuers, Feigners, and Attention-Seekers: Attention-Seeking Personality Disorders, Victim Syndrome, Insecurity, and Centre of Attention Behavior,” which pointedly speaks to a number of behaviors identified by victims of restraining orders who have written in to this blog or […]

“Are You Serious?”: One Commenter’s Experience of Restraining Order Corruption

March 26, 2013

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A commenter on this blog’s Q&A page recently submitted an update on his own ordeal that illumines the contradictions, corruption, and chaos that mar the restraining order process. His story, which I’ve edited for clarity, is worthy of the attention of legislators and should be of interest to anyone who has a stake in these matters […]

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 […]