Browsing All posts tagged under »Violence Against Women Act«

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. […]

“PERMANENTLY PROHIBITED”: Camden County, New Jersey’s Idea of a Just Order of the Court

June 2, 2016

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NOTE TO THE COURT: Facts in this post were gleaned by its author and do not originate from its subject, Bruce Aristeo, who had no influence on its composition. Commentary, likewise, is solely that of its writer. A recent post on this blog highlighted the case of Raines v. Aristeo, out of Camden County, New […]

How Perjury in Restraining Order Cases Is “Incentivized”

May 4, 2016

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“Perjury in restraining orders is actually incentivized, not only by failing to prosecute it, but by allowing one-person hearings (ex parte) to get the orders originally, a super-low burden of proof to issue orders, no juries, a judiciary which actually gets training from feminist groups about the need for issuing orders, no rules of evidence […]

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 […]

“No Stigma Zone”: A Case for VAWA Grants’ Being Issued to Provide All Government Offices with Dictionaries so Their Employees Can Look Up Words like “Stigma”

March 6, 2016

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I had occasion to visit the city prosecutor’s office on Friday. The decor was sternly clinical. The only ornamentation was some small posters on a bulletin board under glass (which was probably there to protect them from cynics armed with Sharpies). One of the posters notably featured the phrase “No Stigma Zone.” The poster was […]

Restraining Orders Make Casual Interpretation of Superficial Facts Easy, Privative, and Enduringly Crippling

February 9, 2016

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Most restraining orders are issued ex parte, that is, based exclusively on the testimony of the accuser. Making hyped, skewed, or false allegations against someone who’s not there to contradict them, and making those allegations persuasive, isn’t hard. Hearings to finalize orders based on ex parte rulings, furthermore, may begin and end in 10 minutes. […]

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, […]