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. […]
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, […]
Lying means uttering a falsehood. Fraud means lying with the intent to deceive and mislead. Fraud on the police means lying with the intent to deceive and mislead the authorities and induce them to act in error on bad information. This is called false reporting, and it’s a statutory crime. Fraud on the court means lying […]
Okay, first, there is no “dialogue” (or “debate”) about restraining orders. That’s a misnomer. There are uninfluential people speaking truth to influential people (occasionally) and influential people calling uninfluential people crazy (typically). That’s not communication, so it’s not a conversation. The only dialogues are between influential people talking to influential people (e.g., politicians with anti-domestic-violence […]
“The consequences that arise once a protective order is entered against a person (the respondent) are substantial. Though technically considered civil proceedings, protective orders have a close relationship to criminal law. The consequences of having a protective order entered often include restrictions on constitutional rights in addition to financial obligations. Violations of protective orders bring […]
Of all the blogs and legal cases I’ve read, in the darkness of them, there seems to be one common factor. It is not a corrupt judge, prosecutor, ineffective attorney, or even the alleged victim, it is in comparison, more valuable than all of them combined, and without it our system would collapse.
The previous post concerned strategies for defendants who may not be able to afford a crack team of attorneys to advocate on their behalf to nevertheless defend themselves capably. This post will consider how that’s done by using the author’s pending criminal trial as an example. Constitutional Law Prof. Eugene Volokh’s treatment in the Washington […]
For the public to be aware of procedural abuses, it has to hear about them. (The blog author’s own story is here, a budding novelist’s is here, a former businesswoman and part-time superhero’s is here, and a former lawyer’s is here.)
Call yourself whatever you want (or nothing at all). Email addresses are strictly confidential, and providing one is optional (but will allow you to be notified of others’ responses and to dialogue immediately if you wish).
The Communications Decency Act exempts this blog’s author from any liability for what you say. Use of an accuser’s name or likeness is advised against, however, for your own protection. Otherwise, civility is the only constraint upon your speech.
See this post, especially, which summarizes much of what these topical editorials concern and may be of value to anyone desperate to explain to a family member, friend, significant other, teacher, spiritual adviser, counselor, employer, attorney, or journalist how s/he’s been wrongly represented and injured. Few people who haven't been abused by them know restraining orders are abused; fewer still how they’re abused or why.
Those with restraining order cases pending are prompted to consult the blog’s Q & A page. Corrections to its author’s interpretations and grudging knowledge, incidentally, are always welcomed.
Since laws concerning restraining orders, their implementation and customs, and different means to combat them can vary from state to state, visitors are also urged to investigate and familiarize themselves with the rules that obtain in their home jurisdictions.
They’re further urged to secure the counsel of a qualified, reliable, and ethical attorney if at all within their means (some do exist).
The restraining order racket is a rigged game that tends to reward inveterate liars and their invertebrate minions.
The truth won’t set you free.