Browsing All posts tagged under »restraining orders«

About Liberalism and Its Deterioration of Civil Rights…and Its Own Credibility

May 21, 2018

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Liberals are curiously less than rapturous about a political victory only they could have accomplished: the election of Donald Trump, a living caricature straight from the pages of a satirical novel, to the country’s highest office. Liberals do count as a victory, and have for a long time, laws that authorize the wholesale removal of […]

Tell Us a Story: Using Pennsylvania’s Laws to Expose Restraining Order Lawlessness

May 7, 2018

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“The court determines a witness’s credibility and may infer fear based on the witness’s testimony describing the defendant’s actions.” —Karch v. Karch, 885 A.2d 535 (Pa. Super. 2005) Complainants of false allegations and judicial bias in restraining order prosecutions express disbelief that lying in court or forming rulings based on lies can be legal. Some […]

Play Misty for Me: Feminine Psychodrama and Restraining Orders

May 4, 2018

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“The first time ‘Misty’ broke into the backyard to pound and scream at the bedroom window, the police handcuffed her and said—her face pressed to the hood of the idling black-and-white—that she was not to return. I figured we would never see her again after that early morning in 2012. But the next night, around […]

There Are No “Sides” to a Story That’s BS: How Restraining Order Policy Turns Lies into Realities

April 13, 2018

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A mathematician would dismissively tell you that you can’t describe one-half of zero. The project is absurd. Yet civil courts, as a matter of policy, demand that defendants perform this nonsensical exercise every day. This advice about telling “your side of the story about what happened” is offered by the California Court System, and it presumes […]

“What Would Mrs. Grundy Say?” Has Nothing to Do with the Law: Scrutiny of the Restraining Order Case against Blogger and Political Activist Derek Logue as Reported by Writer Peter Schorsch

March 31, 2018

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The law is a two-way street. Those who violate it are answerable to it. So, too, though, are those who exploit it. It’s canonical that administrators of law not play favorites. The defendant in the case this post scrutinizes was convicted of a sex offense against a preteen girl in 2001, and the author of […]

What Massachusetts Law Firm Dane Shulman Associates Says about Restraining Order Abuse and Divorce

March 31, 2018

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Below is Massachusetts law firm Dane Shulman Associates writing about the game of false accusation. Lawyers know this happens. They know it very well. Various feminist advocates doggedly assert that restraining order abuse, particularly to gain leverage in family court, is insignificant—or worse, that claims of it are merely men’s rights propaganda—and such assertions are […]

Most False Restraining Orders against Feminists Who Abuse Children Work

March 23, 2018

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If you’re not sure what the title means, that’s the point. It’s satirical and intended to emphasize that if you falsely accuse someone of abusing a child and the accusation sticks, there’s about a 100% probability that the restraining order will work to deter future abuse of that child by the falsely accused person who never abused the child […]

Can Anyone Publish and Criticize a Judicial Ruling (Including a Restraining Order)?

December 29, 2017

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A judicial ruling, like a law, is among what the U.S. Copyright Office terms edicts of government, and edicts of government cannot be hushed. “If either statutes or decisions could be made private property, it would be in the power of an individual to shut out the light by which we guide our actions.” Wheaton […]

“I Reckon”: The Standard of Proof Applied by Judges to Restraining Order Cases

September 30, 2016

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As the story goes, civil restraining orders are awarded to plaintiffs who demonstrate by a “preponderance of the evidence” that they need one. According to this story, a judge determines by actuarial science that there’s a 51% or greater probability that the petitioner’s need is valid, that is, that s/he’s representing some facts and his […]

If Restraining Order Cases Are Only about Narrative, How Do You Beat a Liar in Court?

September 16, 2016

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The next to last post stressed the importance of narrative in restraining order cases. Stories complainants tell pursuant to obtaining a restraining order don’t particularly matter. “I’m afraid” may suffice. In contrast, defendants’ narratives are critical. Strategic defense is not about “telling the truth.” It’s about telling the better story. Competing narratives are universally regarded […]

Restraining Order Cases Are about One Thing: NARRATIVE

September 15, 2016

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The universal conviction is that the court involves itself in a citizen’s life because the citizen did something wrong. Even judges are inclined to believe this. It’s wrong, and they’re wrong—and it’s very wrong of them to be wrong about something so important. The court involves itself in a citizen’s life because someone (automatically designated […]

What Does It Mean When a Defendant Is Enjoined by the Court from Making “Indirect Contact” with the Plaintiff?

September 2, 2016

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“If the writing does not request or direct a third party to contact you vicariously, and or request a third party to forward any communication to you, there is no indirect contact. Essentially, the restrained party is not prevented from communicating about you, but rather communicating with you… [emphases added].” —California attorney Timothy Miranda Mr. […]

Restraining Orders as Strategic Lawsuits Against Public Participation (SLAPPs)

May 4, 2016

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Not a day goes by when a search engine query doesn’t lead someone to this blog because s/he wants to know whether speech on Facebook can be prohibited by the court. Lawfully…maybe. If someone sends communications TO someone else after the someone else has repeatedly requested that s/he be left alone, this can be labeled […]

Midlife Madness and Restraining Order Abuse

April 26, 2016

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“Of the 760 women approached [of menopausal age], 539 (71 %) returned completed questionnaires. A total of 155 women (29%) had a score of 12 or more on the general health questionnaire and were identified as probable psychiatric cases.” —C. Barbara Ballinger, British Medical Journal (1975) Translation: About every fourth woman you meet “of a […]

“Contact”: A Lesson in Semantics for Officers of the Law and Court

April 17, 2016

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I was an English major. In the mid- to late ’90s, I taught literature as a doctoral student—everything from Homer to Robert Louis Stevenson to Virginia Woolf. I taught privately, too. Each week, I would tutor the grandson of a retired Pima County Superior Court judge, sometimes crossing town to do it. For years. I […]

No One Is a VICTIM Just because S/he Says S/he Is: A Reminder for Reporters…and Other People Who Shouldn’t Need Reminding

March 12, 2016

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I looked at a form I was handed a couple of weeks ago at a criminal arraignment I was ordered to attend. The form gives the impression I was supposed to sign it, which no one asked me to do. This would be disturbing if I were still capable of registering disturbance. I noticed with […]

How Restraining Order Fraud is Motivated and Concealed by VAWA and Its Advocates

December 28, 2015

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The previous post, which highlights how fraudulent abuse of process is promoted and disguised, contains a link to a PDF prepared by the National Coalition Against Domestic Violence (NCADV) called “Comparison of VAWA 1994, VAWA 2000 and VAWA 2005 Reauthorization Bill.” The acronym VAWA stands for the federal Violence Against Women Act, which was ratified over […]

Legal Abuse and “Learned Helplessness” (Including Commentary on the Mythical Value of “Taking the High Road”)

November 28, 2015

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“Learned helplessness is behavior typical of an organism (human or animal) that has endured repeated painful or otherwise aversive stimuli which it was unable to escape or avoid. After such experience, the organism often fails to learn escape or avoidance in new situations where such behavior would be effective. In other words, the organism seems […]

“There’s No Justice System; There’s Just a System”: A California Paralegal’s Advice on Defending Yourself against a Restraining Order Based on Fraud

September 29, 2015

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The commentary and advice that follow are from a “paralegal at a top-tier criminal defense firm in Southern California.” I will go on record saying we have some clients that were slapped with permanent restraining orders and some were also on probation for prior convictions while the restraining order injunction was issued. A number of […]

Law Professor Brooke Coleman Explains Why the Civil Defendant Is Denied Legal Counsel, and Why This Is Unjust

September 27, 2015

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From “Prison Is Prison” by Seattle Law School Prof. Brooke Coleman (Notre Dame Law Review, 2013): Two indigent men stand before two separate judges. Both will be sent to prison if they lose their cases. One receives appointed counsel, but the other does not. This discrepancy seems terribly unjust, yet the Supreme Court has no […]

“Defend Our Constitutional Rights”: Anne’s Proposal to Redress Restraining Order Injustice

August 27, 2015

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Below is a proposition by a 74-year-old California woman, Anne Copeland, who’s earning a degree in criminal justice administration. Anne alleges that accusations against her made in a restraining order petition were trumped up, and has reported being taunted and terrorized by her accusers, who were her neighbors. She also reports she’s been prohibited from performing volunteer […]

A Consideration of Attorney Gregory Hession’s “How to Fight a False Allegation Restraining Order”

August 15, 2015

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“In thousands of 10-minute hearings held all over the Commonwealth, judges are now able to do what the Marxists have only dreamed of doing before now, and could never hope to do before they were able to use the pretext of ‘domestic violence.’ However, the real violence is almost always to the rights of the […]

Pointers for Contesting a Restraining Order

August 12, 2015

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One of the earliest posts on this blog (from 2011) offers some procedural orientation to the falsely accused. The author hasn’t revisited the post except to update a link to attorney Gregory Hession’s blog, MassOutrage, which is recommended reading. Much of the author’s early advice is important: show up early, dress well, be polite, organize […]

Common Practices in Restraining Order Trials That the D.C. Court of Appeals Rejected Almost 20 Years Ago

July 19, 2015

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“Rejecting the trial court’s concentration solely on the most recent event, we held it to be ‘essential that the court avoid an unduly narrow focus. One cannot determine whether [a CPO is appropriate] by simply examining the most recent episode. Rather, the judge must be apprised of the entire mosaic.’” —District of Columbia Court of […]

Precautions to Take (Immediately) if You’ve Been Issued a Restraining Order

July 13, 2015

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“TRO violation for inadvertent butt calls” “I have a protective order against my husband to protect my children and myself. Can my children send a card to him?” “Protection order—does it apply to her as well?” “Can you say hello to someone with a restraining order?” “Back with my wife, and she has an order […]