Blame indulgence of the feminist establishment by lawmakers, judges’ privileging personal interest over principle, or the blindness of a rooted convention to its own defects: The iniquities of restraining orders and their administration have gone unchecked for too long.

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

March 30, 2015

0

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 […]

STINKIEST: Most Restraining Orders Are Sought Impulsively, if Not Maliciously

March 29, 2015

1

“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.’” […]

STINKIER: Not Only Do the Courts Toss Most Restraining Order Petitions, a Lot of the Ones That Are Finalized Are Later Withdrawn by Their Petitioners

March 27, 2015

2

A couple available rejection rates for restraining order petitions filed with the courts were scrutinized in the last post. Those rates, based on news reports out of Colorado (1998) and Connecticut (2014) were high: roughly 82% (lowball calculation) and 72%, respectively. That’s how many restraining order petitions may be denied or dismissed by our courts. They’re […]

STINKY: Most Restraining Order Petitions Are Rejected by the Courts

March 27, 2015

3

Fact: The false allegation rate, as it’s commonly represented, is 2 to 8%. Contradictory fact: A majority of restraining order petitions are rejected by the courts. They may be rejected outright, or they may be dismissed on review. What the precise figures are is up for debate. That’s because (1) those who report false criminal allegation rates […]

Invoking the Fifth Amendment Protection against Self-Incrimination in Domestic Violence Cases

March 25, 2015

0

In “How the Fifth Amendment Impacts Family Court in Domestic Violence Cases” (2013), family attorney Tracy Duell-Cazes offers the following counsel against self-incrimination (it’s directed to Californians but may be applicable generally): To make this easier to read, I will use Respondent when referring to the person who is accused of committing a domestic violence […]

A Word on Restraining Order Statistics and the Rate of False Restraining Orders

March 23, 2015

4

I responded to a paper published last year by law professor Kelly Behre, who took umbrage that so-called FRGs (father’s rights groups) were promulgating the statistic that 80% of restraining orders were frivolous or false. This conjectural statistic (60 to 80%) was, I believe, postulated by Save Services based on its studying available information, which […]

First Amendment Rights from Beyond the Grave: Defense of a Suicide’s Publication of His Final Words by the Randazza Legal Group

March 20, 2015

7

“I couldn’t flee and I could not fight. I was never going to be allowed to heal or recover. I wish I were better at articulating the psychological and emotional trauma I experienced. I could fill a book with all the lies and mysterious rulings of the Court. Never have I experienced this kind of […]

Follow

Get every new post delivered to your Inbox.

Join 167 other followers