Browsing All posts tagged under »stalking«

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 […]

A New York Judge Rules That Emailing Someone at Work Doesn’t Meet the Criterion of “Stalking”

July 22, 2015

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Sending emails to someone at his or her place of employment—even a whole bunch of them—doesn’t constitute “stalking” according to a July 14 ruling by a New York judge. The ruling was reported Monday on the blog of attorney Oscar Michelen, who successfully represented writer, legal reform advocate, and entrepreneur Matthew Chan before the Georgia […]

A Victory for Free Speech: Matthew Chan Prevails in His First Amendment Appeal of a Lifetime Restraining Order

March 30, 2015

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Several posts on this blog in the past year have concerned the case of Matthew Chan, a Georgia entrepreneur who blogs and administers a forum for victims of “copyright extortion” (i.e., people who’ve been threatened with lawsuits for unsanctioned use of a copyright holder’s original material and may be intimidated into paying thousands to avoid […]

RestrainingOrderAbuse.com Guest Post by Matthew S. Chan, the Appellant in a Restraining Order Case before Georgia’s Highest Court

January 26, 2015

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In my desire to give something back to RestrainingOrderAbuse.com (ROA) for the enormous help, contribution, and insights into my own protective order appeal case with the Georgia Supreme Court that it provided, I found myself a bit stumped as to what to write about that might be helpful and perhaps a bit different from the […]

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 […]

Restraining Orders and the First Amendment: A Female Blogger’s Successful Appeal of a Restraining Order That Labeled Her a “Cyber-Stalker”

December 14, 2014

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“The First Amendment is FIRST for a reason.” —Larry Smith, former attorney and indomitable muckraker A recent post on this blog revisited the case of Matthew Chan, author of ExtortionLetterInfo.com (ELI), whose appeal of a lifetime restraining order is presently under consideration by the Georgia Supreme Court. A verdict is anticipated within the coming month […]

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 […]

Living in the Crosshairs: Crackpot Neighbors, False Reports, and Restraining Order Abuse

November 15, 2014

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I bonded with a client recently while wrestling a tough job to conclusion. I’ll call him “Joe.” Joe and I were talking in his backyard, and he confided to me that his next-door neighbor was “crazy.” She’d reported him to the police “about a 100 times,” he said, including for listening to music after dark […]

Criminalizing Criticism: Restraining Orders, the First Amendment, and Chan v. Ellis

November 1, 2014

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This search term brought a visitor here a day or two ago: “restraining order in ohio because a couple texts.” It struck a chord with this author, because he himself was issued a restraining order on a similar basis (three emails over a weekend). There were accompanying allegations, but the court’s final ruling was based […]

“Women scare the sh— out of me”: When Restraining Orders Are Petitioned by Female Stalkers against Men Who Treat Them Sensitively

October 3, 2014

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On 15 March 2009 at 11.07pm: Hi there! How are you? I am lying in my bed and thinking…I miss you and miss having you in my life and I would love to have you back in it…. I do have a lot of issues, I know, and I suppose I am a difficult woman […]

Sex, Restraining Order Abuse, and the “Dark Triad”: Narcissism, Machiavellianism, and Psychopathy

May 31, 2014

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“Socially aversive personality traits such as Psychopathy, Machiavellianism, and Narcissism have been studied intensively in clinical and social psychology. […] Although each of these three constructs may have some unique features not shared by the other two, they do appear to share some common elements such as exploitation, manipulativeness, and a grandiose sense of self-importance. Accordingly, […]

No Proof Necessary: Why Restraining Orders Are Abused and Why Restraining Orders Exist

May 1, 2014

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The previous post addressed American standards of evidence and observed that with a single exception, the standard that’s applied to restraining order adjudications, “preponderance of the evidence,” is the least demanding. Both the award of restraining orders and their being made “permanent” are at a judge’s discretion. (One of the meanings of discretion is “freedom to […]

(Female) Stalkers, False Allegations, and Restraining Order Abuse

April 16, 2014

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Restraining orders are maliciously abused—not sometimes, but often. Typically this is done in heat to hurt or hurt back, to shift blame for abusive misconduct, or to gain the upper hand in a conflict that may have far-reaching consequences. There’s a cooler, more methodical style of abuse practiced by people who aren’t in intimate daily proximity […]

Rethinking “Stalking”: When Sociopathic Stalkers Apply for Restraining Orders

April 7, 2014

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“Stalking acts are engaged in by a perpetrator for different reasons: to initiate a relationship (i.e., Some call it stalking; [he or] she calls it courtship); to persuade/coerce a former partner to reconcile; to punish, frighten, or control the victim; to feel a sense of personal power; to feel a ‘connection’ to the victim; or some combination of all of the […]

Granting Restraining Orders to Stalkers: On How the Courts Are Abused to Abet or Conceal Stalking (or Label Conduct “Stalking” That Hardly Qualifies)

December 10, 2013

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Restraining orders, which some have called blank checks to do malice, are marvelously versatile instruments. Consider, for example, that while they were conceived to deter stalkers from, say, hanging around other’s homes at night and propositioning them in the dark, they’re also easily obtained by stalkers to legitimate the same or similar conduct. Because restraining […]

Infidelity and Restraining Order Abuse

December 8, 2013

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Restraining orders are unparalleled tools for discrediting, intimidating, and silencing those they’ve been petitioned against. It’s presumed that those people (their defendants) are menaces of one sort or another. Why else would they be accused? One answer, not to put too fine a point on it, is sex. A couple of years ago, a story […]