Browsing All posts tagged under »false allegations«

A Recourse to Redress Restraining Order Abuse That Might Be Worth Considering if All Others Have Been Exhausted: The Formal Complaint

July 8, 2014

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I’ve posted before about how to file a complaint against a judge and noted that unless you can persuasively demonstrate that s/he was derelict in his or her ethical duties, or otherwise acted out of line, it’s unlikely the complaint will work an effect. Something I recently discovered about my own state’s procedure, however, is […]

Confusing Women’s Rights with Feminism: Some Observations on MSNBC’s Coverage of the First Annual International Conference on Men’s Issues

July 3, 2014

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Apparently the first annual International Conference on Men’s Issues was held in Michigan recently. I read this fact on the MSNBC website in an article that disdained even to capitalize the title of the conference and which, for more reasons than just that one, reminded me of the days when I edited my high school […]

The Relationship between False Allegations of Rape and Restraining Order Abuse

June 30, 2014

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It’s not without regret for how they may affect victims of sexual violence that a number of journalistic reports that expose false rape allegations have been included in this blog’s marginal bibliography. Although the blog’s focus is restraining order abuse, the potency of restraining orders and the laxity applied to the allegations they’re based on […]

Reporting Restraining Order Abuse to Elected Officials

June 27, 2014

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“I am suffering from the effects of a fraudulent protection order in Colorado, which was filed by my female roommate and had me and my young daughter kicked out of our home. “There appears to be no recourse for me, but I did contact 10 state representatives and senators, and I heard back from three […]

Restraining Orders Based on Fraud Falsely Imprison Defendants Whether They’re Incarcerated or Not

June 25, 2014

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“Forensic psychiatrists and other mental health professionals must remember that although allegations are often genuine, there is an almost equal number of cases…in which they are not. Complete and objective assessment is always required, and especially so when accusations emerge in contexts such as the following: Certain kinds of mental illness and character traits (particularly […]

Eight Years of Hell: On the Toll of False Allegations of Abuse

June 22, 2014

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“Bitter separation battles and unrequited love are among the reasons why people falsely accuse others of sexual abuse, according to legal professionals. “Lawyers contacted by The Sunday Times of Malta came across several examples of cases when people, often women, made false claims that they or their children had been abused. “Lawyer Roberto Montalto gave […]

False Restraining Orders That Allege Emotional Abuse ARE Emotional Abuse

June 5, 2014

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A theme that emerges upon consideration of restraining order abuse is lack of empathy—from impulsive or false accusers and from those who abet them. Plaintiffs who act either spitefully or viciously seldom appreciate the ramifications of their actions. They may possess what we call a normal conscience but either don’t think or, in the heat […]

Impulse: How Restraining Orders Encourage and Reward Tantrum Behavior and Why Feminist Advocates Should Be the First to Push for Their Reform

June 3, 2014

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It’s often fairly remarked that feminists tend not to acknowledge restraining order abuse, let alone express resentment toward female offenders. There are exceptional instances, however, as you’ll see below. It’s also remarked that rash or false allegations mock and discredit the suffering of genuine victims. The respondent in the forum exchange that follows, though she doesn’t […]

WomensLaw: A Domain Name That Says All You Need to Know about Where Restraining Order Reform Needs to Start

May 30, 2014

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The biggest challenge to sensitizing people to abusive restraining order policies that are readily and pervasively exploited by malicious litigants can be summed up in a single word: sex. Women, who are often victims of abuse of court process, don’t want to implicate women in their injuries; they want to blame their false accusers, who […]

A Legislated License to Lie: Nothing CAN’T Be Falsely Alleged on a Restraining Order

May 12, 2014

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Battery, rape, child molestation—any heinous allegation imaginable can be made in a petition for a restraining order, and it can be made falsely without consequence to the accuser. Victims of false allegations often ask incredulously, “Can somebody say that?” There’s nothing that can’t be alleged to the courts (or, for that matter, to the police). […]

How “Preponderance of the Evidence” Rewards Restraining Order Fraud and Why Bigger Lies Work Better than Smaller Ones

May 9, 2014

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Recent posts to this blog have discussed American evidentiary standards and stressed that the standard applied to civil restraining orders, “preponderance of the evidence,” has nothing to do with proof. According to this standard, a judge should find in favor of a restraining order plaintiff if s/he figures there’s a greater probability that the plaintiff’s […]

They Don’t Have to Be True, Just “Truthy”: Civil Restraining Order Allegations and the “Burden of Proof”

May 6, 2014

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“Preponderance of the evidence, also known as balance of probabilities, is the standard required in most civil cases. […] “The standard is met if the proposition is more likely to be true than not true. Effectively, the standard is satisfied if there is greater than 50 percent chance that the proposition is true.” —Wikipedia, “Legal […]

“American Law is Irresponsible”: The American Civil Standard of Evidence and Abuse of Restraining Orders

April 26, 2014

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“On the European continent, for the court to hold against the defendant, the judge must be convinced that the facts brought forward by the plaintiff in support of the claim are indeed true. In principle, continental law does not make a difference between civil law and criminal law… [Read more…]. By contrast, U.S. law has three […]

A Scratch, a Push, a Pinch: “Domestic Violence,” False Allegations, and Restraining Order Abuse

April 21, 2014

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The subject of this excursion is “domestic violence,” which phrase is placed in quotation marks because it’s a suspect term that’s become so broadly inclusive as to mean virtually anything a user wants it to. This is how domestic violence is defined by the American Psychiatric Association—and by many states’ statutes, as well: Domestic violence […]

(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 […]

Blame, No Shame: Restraining Order Abuse by High-Conflict, Personality-Disordered Plaintiffs

April 3, 2014

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“Court is perfectly suited to the fantasies of someone with a personality disorder: There is an all-powerful person (the judge) who will punish or control the other [person]. The focus of the court process is perceived as fixing blame—and many with personality disorders are experts at blame. There is a professional ally who will champion […]

The Restraining Order Plaintiff from Hell: Malicious Prosecution and the “High-Conflict Person”

March 30, 2014

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“The term ‘high conflict person’ has been popularised relatively recently in legal texts and general discourse to describe those people with certain behavioural clusters who are often observed in legal disputes. This is not meant to suggest that it is a new phenomenon. On the contrary, vexatious individuals and difficult clients are not new to […]

How VAWA Has Turned Our Courts into Restraining Order Vending Machines

March 29, 2014

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Under the Violence Against Women Act (VAWA), our courts and police districts are awarded hefty federal grants (averaging $500,000) in return for having their officers (judges and cops) “educated” about how to respond to allegations of fear or violence. Allegations made pursuant to the procurement of a restraining order, per the terms of these grants, […]

Disdain for a Feminist Institution of Law Isn’t the Same as Disdain for Women

March 29, 2014

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“I am the victim of false accusations [by] a female with sociopathic tendencies. She stabbed my husband [and] threatened to kill me, but for whatever reason filed for a domestic violence protective order on me. I value respect from people, so I do and act morally to maintain my relationships, but because any given person, […]

Victim-Blaming: The “Patriarchal Paradigm,” Discrimination against Male Victims of Domestic Violence, the Frequency of False Allegations, and Abuses of Men and Women by Restraining Order Fraud

March 28, 2014

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“Accounting for the discrepancy between the empirical data and current public policy has been the gender paradigm (Dutton and Nicholls 2005), also known as the patriarchal paradigm (Hamel 2007b), a set of assumptions and beliefs about domestic violence that has shaped domestic violence policy on arrest, treatment, and victim services at all levels for the […]

Face Mask or Baseball Bat?: Abuse of Domestic Violence Laws and Restraining Orders

March 26, 2014

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“As a male victim of domestic violence, my voice was never heard by any responding police officer. In fact, when they arrived my batterer made false allegations against me [that] led to my arrest. Three years later, the Eloy Police Department settled out of court, admitting wrongdoing. Still, I lost my career, my name, and […]

Vigilance against Miscarriages of Justice: What’s Deplorably Lacking in the Justice System’s Issuance of Restraining Orders

March 25, 2014

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“If there is one theme that emerges from all of the recommendations in this report, it is vigilance—everyone involved in the criminal justice system must be constantly on guard against the factors that can contribute to miscarriages of justice….” —Canadian Department of Justice It’s more than a little disturbing to this writer that a “Report […]

Who BS-es the Police and Court? Who Doesn’t.

March 22, 2014

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“Everyone lies to me.” —University of Arizona police officer The willingness of false accusers to lie to authorities and the courts—and of some authorities and officers of the court to lie—is a tough pill to swallow, especially for those who learn about it the hard way, as have many of those who visit or have […]

Motives of the False Accuser According to the FBI: Mental Illness, Attention-Seeking, Profit, Blame-Shifting, and Revenge (Sound Familiar?)

March 21, 2014

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“At 7:30 a.m., an unknown male abducted Pamela at knifepoint while she fueled her car at a convenience store. The offender then forced her to drive to a bridge, where they crossed into a neighboring state. During the long ride, he choked her with a bicycle security chain and slashed her with a knife. “Next, […]

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