Browsing All posts tagged under »false restraining orders«

How It Serves Political Interests to Issue Restraining Orders Falsely

October 21, 2014

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Some $10 billion has been invested over the past 20 years in procedures meant to redress violence against women in the U.S. alone, and restraining orders are the centerpiece of a host of related legislative measures. The truth is restraining orders can’t prevent violence; they’re just pieces of paper. Their only value is rhetorical (they […]

Beating up Disabled Girls: False Allegations and Judicial Dishonor

October 20, 2014

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“There is no normal. The rational has been torn away from your ability to grasp it.” —Cartoonist Scott Stantis (on growing up in an abusive household) This is the sentiment shared by everyone who’s been wrongly blamed—and abused and condemned for it. Consider that current restraining order and domestic violence legislation and policy are defended as protecting […]

Sue First, Appeal Later: A Thought on Defending Yourself against a False Restraining Order in Arizona

October 17, 2014

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Arizona may be unique in that its laws allow the recipient of an ex parte restraining order (injunction against harassment or protection order) to apply for the opportunity to appeal the preliminary judgment at any time during the term of the order’s effectiveness. That means the typical one-year restraining order could be appealed, for example, […]

BLACKMAIL: Using Restraining Orders to Extort and Punish

October 14, 2014

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“A blackmailer could attempt to blackmail someone with a threat to accuse him falsely, but we should expect such cases to be rare because the victim has a good remedy: sue the blackmailer for defamation. Good but not perfect, because the blackmailer may not have the resources to pay a legal judgment. Criminalizing this form […]

Class Action Lawsuits: Suing Uncle Sam for Rights Violations Arising from Restraining Order and Domestic Violence Prosecutions

October 11, 2014

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“I think action would be better than just mere words. How do you think same-sex marriages were passed? We all need to come together and file a class action lawsuit. These laws plainly violate our constitutional rights as U.S. citizens. There is no due process of law for these allegations, and the cause-and-effect deprives an […]

What Journalists Need to Understand about What Restraining Orders Are: A Tutorial for Investigators, Part 2

October 9, 2014

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“Orders for protection represent a legislative attempt to incorporate distinct features from both civil law and criminal law. On the one hand, a private litigant can initiate judicial proceedings to seek redress against another private individual. On the other hand, criminal penalties, such as fines and incarceration, will attach if a protection order is violated. […]

What Journalists Need to Understand about Restraining Orders and Their Abuse: A Tutorial for Investigators, Part 1

October 7, 2014

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“Restraining orders give victims of domestic violence a tool to keep their abusers away or at least have them arrested if they come close. Anyone in a relationship with recent history of abuse can apply, and the order can be signed the same day. “It gives victims the right to stay in the home and […]

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