Tag abuse of process

Responding to a Feminist Professor Kelly Behre’s Perspectives on Men’s Rights Activism

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Since the publication of this post, the “research paper” it responds to has been removed from the Internet.

“I had a false allegation of domestic violence ordered against me on June 19, 2006. It was based on lies, but the local sheriff’s office and state attorney’s office didn’t care that he was a covert, lying narcissist. I doubt they ever heard of the term, in fact. I made the mistake of moving back in with him in September 2008.

“Last year, on July 23, 2013, he, with the help of his conniving sister, literally abandoned me. Left me without transportation and tried to have the electricity cut off. However, the electric company told him it was unlawful to do so. I am disabled, because of him, and have been fighting to get my life, reputation, and sanity restored. It has been over a year, and while life goes on for him, I am still struggling from deep scars of betrayal, lies, and his continued smear campaign against me.

“I thank you for the opportunity to speak out and stand with other true victims of abuse. You see, it isn’t just women who abuse the system, but men, as well.”

—Female e-petition respondent (August 30, 2014)

Contrast this woman’s story with this excerpt from a UC Davis Law Prof. Kelly Behre’s 2014 research paper:

At first glance, the modern fathers’ rights movement and law reform efforts appear progressive, as do the names and rhetoric of the “father’s rights” and “children’s rights” groups advocating for the reforms. They appear a long way removed from the activists who climbed on bridges dressed in superhero costumes or the member martyred by the movement after setting himself on fire on courthouse steps. Their use of civil rights language and appeal to formal gender equality is compelling. But a closer look reveals a social movement increasingly identifying itself as the opposition to the battered women’s movement and intimate partner violence advocates. Beneath a veneer of gender equality language and increased political savviness remains misogynistic undertones and a call to reinforce patriarchy.

The professor’s perceptions aren’t wrong. Her perspective, however, is limited, because stories like the one in the epigraph fall outside of the boundaries of her focus and awareness (and her interest and allegiance, besides).

What isn’t appreciated by critics of various men’s rights advocacy groups is that these groups’ own criticisms are provoked by legal inequities that are inspired and reinforced by feminist groups and their socially networked loyalists. These feminist groups arrogate to themselves the championship of female causes, among them that of battered women. Feminists are the movers behind the “battered women’s movement.”

Those who criticize unfair laws and policies that purport to protect battered women are not “pro-domestic violence”; they’re anti-injustice, which may well mean they’re anti-feminist, and this can be construed as “opposition to the battered women’s movement.” The opposition, however, is to what the feminist movement has wrought. No one is “for” the battery of women or “against” the protection of battered women.

To put this across in a way a feminist can appreciate, to believe women should have the right to abort a fetus is not the same thing as being “pro-abortion.” No one is “for” abortion, and no one is “for” domestic violence. (“Yay, abortion” is never a sign you’ll see brandished by a picketer at a pro-choice demonstration.)

The Daily Beast op-ed this excerpt is drawn from criticizes a group called “Women Against Feminism” and asserts that feminism is defined by the conviction that “men and women should be social, political, and economic equals.” If this were strictly true, then inequities in judicial process that favor female complainants would be a target of feminism’s censure instead of its vigorous support.

The “clash” the professor constructs in her paper is not, strictly speaking, adversarial, and thinking of it this way is the source of the systemic injustices complained of by the groups she targets. Portraying it as a gender conflict is also archly self-serving, because it represents men’s rights groups as “the enemy.” Drawing an Us vs. Them dichotomy (standard practice in the law) promotes a far more visceral opposition to the plaints of men’s groups than the professor’s 64-page evidentiary survey could ever hope to (“Oh, they’re against us, are they?”).

The basic, rational argument against laws intended to curb violence against women is that they privilege women’s interests and deem women more (credit)worthy than men, which has translated to plaintiffs’ being regarded as more “honest” than defendants, and this accounts for female defendants’ also being victimized by false allegations.

(Women, too, are the victims of false restraining orders and fraudulent accusations of domestic abuse. Consequently, women also lose their jobs, their children, their good names, their health, their social credibility, etc.)

The thesis of the professor’s densely annotated paper (“Digging beneath the Equality Language: The Influence of the Father’s Rights Movement on Intimate Partner Violence Public Policy Debates and Family Law Reform”) is that allegations of legal inequities by men’s groups shouldn’t be preferred to facts, and that only facts should exercise influence on decision-making. This assertion is controverted by the professor’s defense of judicial decisions that may be based on no ascertainable facts whatever—and need not be according to the law. The professor on the one hand denounces finger-pointing from men’s groups and on the other hand defends finger-pointing by complainants of abuse, who are predominately women.

In the arena of law this post concerns, the courts typically follow the dictum that the person pointing the finger is right (and this person is usually female). In other words, the courts judge allegations to be facts. In many instances, what’s more, state law authorizes this formulation. It grants judges the authority “at their discretion” to rule according to accusations and nothing more. Hearsay is fine (and, for example, in California where the professor teaches, the law explicitly says hearsay is fine). The expression of a feeling of danger (genuinely felt or not) suffices as evidence of danger.

The professor’s defense of judicial decision-making based on finger-pointing rather undercuts the credibility of her 64-page polemic against decision-making based on finger-pointing by men’s groups that allege judicial inequities. The professor’s arguments, then, reduce to this position: women’s entitlement to be heeded is greater than men’s.

The problem with critiques of male opposition to domestic violence and restraining order statutes is that those critiques stem from the false presuppositions that (1) the statutes are fair and constitutionally conscientious (they’re not), (2) adjudications based on those statutes are even-handed and just (they’re not), and (3) no one ever exploits those statutes for malicious or otherwise self-serving ends by lying (they do—because they can, for the reasons enumerated above).

Attorneys acknowledge procedural abuses are common.

Many critiques of men’s, father’s, and children’s rights groups fail to even recognize that motives for lying exist. What presupposition underlies this? That everyone’s an angel? If everyone were an angel, we wouldn’t need laws at all. Or is the presupposition that women are angels? A woman should know better.

A casual Google query will turn up any number of licensed, practicing attorneys all over the country who acknowledge restraining orders and domestic violence laws are abused and offer their services to the falsely accused. Surely the professor wouldn’t allege that these attorneys are fishing for clients who don’t exist—and pretending there’s a problem that doesn’t exist—because they, too, are part of the “anti-battered-women conspiracy.”

The professor’s evidentiary pastiche is at points compelling—it’s only natural that a lot of rage will have been ventilated by people who’ve had their lives torn apart—but her paper’s arguments are finally, exactly like those they criticize, tendentious.

It’s obvious what the professor’s “side” is.

(She accordingly identifies her opposition indiscriminately. For example, the blog you’re right now reading was labeled the product of a father’s rights group or “FRG” in the footnotes of the professor’s paper. This blog is authored by one person only, and he’s not a father. Wronged dads have this writer’s sympathies, but this blog has no affiliation with any groups.)

The professor carefully prefaces her points with phrases like “Researchers have noted,” which gives them the veneer of plausibility but ignores this obvious question: where do the loyalties of those “researchers” lie? The professor cites, for example, the Southern Poverty Law Center’s equation of SAVE Services with a hate group. An attentive survey of SAVE’s reportage, however, would suggest little correspondence. The professor doesn’t quote any of SAVE’s reports; she simply quotes an opposing group’s denunciation of them as being on a par with white supremacist propaganda.

(What the professor does quote are some statistics generated by SAVE that she contends are dubious, like estimates of the number and costs of false and frivolous prosecutions. Such estimates must necessarily be speculative, because there are no means of conclusively determining the degree or extent of false allegations. Lies are seldom if ever acknowledged by the courts even if they’re detected. This fact, again, is one that’s corroborated by any number of attorneys who practice in the trenches. Perjury is rarely recognized or punished, so there are no ironclad statistics on its prevalence for advocacy groups to adduce.)

Besides plainly lacking neutrality, insofar as no comparative critical analysis of feminist rhetoric is performed, the professor’s logocentric orientation wants compassion. How much of what she perceives (or at least represents) as bigoted or even crazy would seem all too human if she were to ask herself, for instance, how would I feel if my children were ripped from me by the state in response to lies from someone I trusted, and I were falsely labeled a monster and kicked shoeless to the curb? Were she to ask herself this question and answer it honestly, most of the outraged and inflammatory language she finds offensively “vitriolic” and incendiary would quite suddenly seem understandable, if not sympathetic.

The professor’s approach is instead coolly legalistic, which is exactly the approach that has spawned the heated actions and language she finds objectionable.

Copyright © 2014 RestrainingOrderAbuse.com

Larry’s Story: Restraining Order Abuse and the Neighbor from Hell

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“She habitually engages in psychological projection. She has caused me to be compelled under threat of arrest and prosecution for failure to appear to attend court on her frivolous lawsuits 25 times. Yes! Twenty-five times. The frivolous prosecutions started in 2011, and they are still raging. I have been cited back to court on her application for a new restraining order on the 12th and a criminal warrant for cyberstalking on the 17th of this month. She has tried so many times to have me jailed I have lost count.”

—Larry Smith, author of BuncyBlawg.com (2014)

The quotation above is an excerpt from an email sent to the creator of “Neighbors from Hell” on ABC’s 20/20. The Feb. 8 email was a sorely persecuted man’s response to being fingered on Facebook as a candidate for the series by his neighbor, Marty Tackitt-Grist, who has forced him to appear before judges nearly 30 times in the span of a few years to answer “two restraining orders, three show-cause orders, two cyberstalking arrests, and a failure-to-appear arrest and jailing despite faxes from two doctors that I was too crippled, disabled, and suffering from herniated discs to be able to attend court.”

Here’s the reply the email elicited from ABC’s Bob Borzotta: “Hi Larry, I don’t seem to have heard further from her.  Sounds like quite a situation….” Cursory validations like this one are the closest thing to solace that victims of chronic legal abuses can expect.

Concern shown by the police and courts to complaints from attention-seekers can make them feel like celebrities. Random wild accusations are all it takes for the perennial extra in life to realize his or her name in lights.

Not unpredictably, the thrill is addictive.

I think I first heard from Larry, the author of BuncyBlawg.com, in 2013—or maybe it was 2012. In the artificial limbo created by “high-conflict” people like the one he describes in the epigraph, temporal guideposts are few and far between. A target like Larry can find him- or herself living the same day over and over for years, because s/he’s unable to plan, look forward to anything, or even enjoy a moment’s tranquility.

The target of a high-conflict person is perpetually on the defensive, trying to recover his or her former life from the unrelenting grasp of a crank with an extreme (and often pathological) investment in eroding that life for self-aggrandizement and -gratification.

Among Larry’s neighbor’s published allegations are that he’s a disbarred attorney who “embezzled from his clients” and a textbook psychopath, that he has “barked like a dog for hours” to provoke another neighbor’s (imaginary) dog to howl at her, that he has called her names, that he has enlisted “mentally challenged adults” to harass her while shopping, that he has cyberstalked her, that he has “hacked into phones” and computers, that he has tried to cause her (and “many others”) to lose their jobs by “reporting false information,” that he has made false complaints about her “to every city, state, and county service,” that he sends her mail “constantly,” and that he has “mooned” her neighbors and friends.

The ease with which a restraining order is obtained encourages outrageous defamations like these (Larry’s neighbor has sworn out two). Once a high-conflict person sees how readily any fantastical allegation can be put over on the police and courts, s/he’s inspired to unleash his or her imagination. That piece of paper not only licenses lies; it motivates them.

Larry’s a quiet guy with a degenerative spinal disorder who’s been progressively going deaf for 25 years. He lives for his three toy poodles and watches birds. “I grew up,” he says, “in a little Arcadian valley here in western North Carolina with the nicest people, mostly farmers; and I guess my youth just left me naïve about some people. I always saw the good in them.” Larry began practicing law in 1973 in Asheville but voluntarily withdrew from the profession in 1986, because he was disgusted by the corruption—and the irony of having his retirement years fouled by that corruption isn’t lost on him.

You might guess his accuser’s motive to be that of a woman scorned, but Larry’s association with her has never exceeded that of the usual neighborly sort. He reports, however, that she has alleged in court that he covets her and nurses unrequited longings and desires.

Compare the details of the infamous David Letterman case, and see if you don’t note the same correspondence Larry has.

Marty Tackitt-Grist, Martha Tackitt-Grist, Larry Smith, North Carolina, ABC’s 20/20, Nasty Neighbors, Neighbors from HellThat’s the horror that only the objects of high-conflict people’s fixations understand. Stalkers and “secret admirers” procure restraining orders to get attention and embed themselves in other’s lives—like shrapnel.

This writer has been in and out of court for eight years subsequent to encountering a stranger standing outside of his residence one day…and naïvely welcoming her. One respondent to this blog reported having had a restraining order issued against her by a man she sometimes encountered by her home who always made a point of noticing her but with whom she’d never exchanged a single word.

It isn’t only intimates and exes who lie to subject targets to public humiliation and punishment. Sometimes it’s lurkers and passers-by, covert observers who peer between fence slats and entertain fantasies—or, as in Larry’s case, a neighbor who feels s/he’s been slighted or wronged according to metrics that only make sense to him or her.

Larry thinks the unilateral feud that has exploded the last several years of his life originates with his complaining about cats his neighbor housed, after they savaged the fledgling birds that have always been his springtime joy to watch.

For 25 years I have lived on this street with lovely people. We always got along, although one or two you had to watch. During most of that 25 years, there have been three different owners of the house across the street. The other two we dearly loved. The last one, the incarnation of purest evil, moved here in 2005. She was a divorcée who volunteered that her divorce was especially nasty, the first red flag which I foolishly disregarded: She constantly badmouthed her ex. For the first few years, we were friends, but as time went by she became an almost insufferable mooch and just way too friendly, expecting more attention from her neighbors, and from us, than we wanted to give. Sometime in early 2011, I left her a voicemail and told her I didn’t want to be close friends with her anymore. She was a hoverer, she manipulated, she was a narcissist. And the message meant that I did not want to be called on to mow her lawn anymore, or help her trim her trees, or lend her tools, or watch her pet while she was gone, or help her move heavy loads like furniture, or listen to her constant whining. I just wanted to cool it with her.

In the spring of 2011, she had been converting her home to a sort of boarding house and brought in tenants, and [between] them they had two cats that constantly prowled, especially the tenant’s. What became very irksome to me was the tenant’s cat creeping into our yard and killing our baby birds, which we always looked forward to in the spring. And the minute I brought it up with her, she pitched a fit, and so did the tenant. So for the first two months of baby bird season, [their] cats killed all our fledglings and the mother songbirds—wrens, cardinals, robins, mockingbirds, towhees, mourning doves, even the hummingbirds, just wiped them out. I finally got in touch with our Animal Services officers, but by that time bird season was over with, and you know something, [she] began going about telling neighbors that I was a disbarred lawyer (a particularly nasty slander). One thing led to another, and finally the tenant with the marauding cat moved away, but the irreparable damage was done, and all through the summer I had been warned by other neighbors that the neighbor from hell was plotting revenge.

I went to her one day and asked her if there was anything I could do to make it so we could at least drop all the nasty hostilities. She exploded. Next thing I knew, she had three police cruisers here with a false tale that I was “harassing” her and calling her names. This was no surprise, because early on I learned not to believe a thing she said because she just made up the most unbelievable tales about her personal crises. One of the five cops who came spoke with me in the yard, and I thought this would all blow over, but in a few days a process server was banging on the door with papers to serve me. I met him in a commercial parking lot nearby and accepted the lawsuit, an application for a restraining order, a TRO, and, well, a great big wad of lies. It was a shocker. And little did I know that the very day I received this horse-choking wad of papers, at around 10:15 a.m., [she] was back in the courthouse filing another affidavit to have me ordered to show cause why I should not be jailed for contempt. In other words, before I even had notice of the TRO, she was trying to have me jailed for violating it. That’s just how damn mean that woman is.

High-conflict people are driven by a lust to punish—any slight is a provocation to go to war—and their craving for attention can be boundless. Judicial process rewards both.

This table, prepared by attorneys Beth E. Maultsby and Kathryn Flowers Samler for the 2013 State Bar of Texas Annual Advanced Family Law Course, shows how high-conflict people and court process are an exquisitely infernal fit. Its authors’ characterization of high-conflict people’s willingness to lie (“if they feel desperate”) is generous. Many lie both on impulse or reflex and with deliberate cunning, though their chain of reasoning may be utterly bizarre.

Restraining orders are easily obtained, particularly by histrionic women. Once petitioners—especially high-conflict petitioners—realize how readily the state’s prepared to credit any evil nonsense they sputter or spew, and once they realize, too, the social hay they can make out of reporting to others that they “had to get a restraining order” (a five-minute affair), they can become accusation junkies.

Larry has responded in the most reasonable way he can to his situation. He’s voiced his outrage and continues to in a blog, and the vehemence of his criticisms might lead some who don’t know Larry to dismiss him as a crank. If you consulted his blog, you’d see it’s fairly rawboned and hardly suggests the craftsmanship of a technical wizard who can hack email accounts and remotely eavesdrop on telephone conversations. What the commentaries there suggest, rather, is the moral umbrage of an intelligent man who’s been acutely, even traumatically sensitized to injustice.

Here’s the diabolical beauty of our restraining order process. Judges accept allegations of abuse at face value and don’t scruple about incising them on the public records of those accused. They furthermore expect those who are defamed to pacifically tolerate public allegations that may have no relationship with reality whatever or may be the opposite of the truth, may be scandalous, and may destroy them socially, professionally, and psychologically. Judges, besides, make the accused vulnerable to any further allegations their accusers may hanker to concoct, which can land them in jail and give them criminal records. And finally judges react with disgust and contempt when the accused ventilate anger, which they may even be punished for doing.

Judicial reasoning apparently runs something like this: If you’re angry about false allegations, then they weren’t false; if you’re not angry about false allegations, then they weren’t false.

Larry’s been jailed, Larry’s been reported to the police a dozen times or more, an officer has rested the laser sight of her sidearm on him through the window of his residence, and the number of times he’s been summoned to court is closing on 30.

The allegations against him have been false. How angry should he be?

Copyright © 2014 RestrainingOrderAbuse.com

False Restraining Orders That Allege Emotional Abuse ARE Emotional Abuse

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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 of the moment, don’t care.

The horror is that this same indifference extends not only to authorities and officers of the court but to feminist advocates for restraining orders and the public at large, who are persuaded that the gravity of violence against women trivializes all other considerations. Their indifference may in fact be unconsciousness, but when people’s livelihoods and lives are at stake, unconsciousness is no more pardonable.

It’s ironic that the focus of those who should be most sensitized to injustice is so narrow. Ironic, moreover, is that “emotional abuse” is frequently a component of state definitions of domestic violence. The state recognizes the harm of emotional violence done in the home but conveniently regards the same conduct as harmless when it uses the state as its instrument.

From “Are You a Victim of Emotional Abuse?” by Cathy Meyer:

Emotional abuse is used to control, degrade, humiliate, and punish a spouse. While emotional abuse differs from physical abuse, the end result is the same….

Note the writer’s conclusion that emotional abuse is equivalent to violence in its effects.

Her orientation, of course, is toward victims of domestic violence, but her judgment is just as applicable to false allegations, whose intent is to “control, degrade, humiliate, and punish.”

Plainly the motive of most reasonable feminist arguments and appeals, at least as that motive is understood by those making them, is to induce empathic understanding. They want people to care.

Here’s yet another irony. Too often the perspectives of those who decry injustices are partisan. Feminists themselves are liable to see only one side.

“But my side’s more important” isn’t a rebuttal but a confirmation of chauvinism.

In the explication quoted above, the writer compares the conduct of emotional abusers to that of prison guards toward prisoners of war, who use psychological torment to achieve compliance from their wards. Consider that victims of false allegations may literally be imprisoned.

Consider further some of the tactics that Ms. Meyer identifies as emotionally abusive:

  • Isolating a spouse from friends and family.
  • Discourag[ing] any independent activities such as work; taking classes or activities with friends.
  • If the spouse does not give into the control, they are threatened, harassed, punished, and intimidated by the abuser.
  • Us[ing] the children to gain control by undermining the other parent’s authority or threatening to leave and take the children.
  • Control[ling] all the financial decisions, refus[ing] to listen to their partner’s opinion, withhold[ing] important financial information and mak[ing] their spouse live on limited resources.
  • Mak[ing] all major decisions such as where to live, how to furnish the home, and what type of automobile to drive.

Now consider the motives of false allegations and their certain and potential effects: isolation, termination of employment and impediment to or negation of employability, inaccessibility to children (who are used as leverage), and being forced to live on limited means (while possibly being required under threat of punishment to provide spousal and child support) and perhaps being left with no home to furnish or automobile to drive at all.

The correspondence is obvious…if you’re looking for it. Opponents of emotional abuse need to recognize it in all of its manifestations, because the expectation of empathy is only justified if it’s reciprocated.

Copyright © 2014 RestrainingOrderAbuse.com

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

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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 say as much, clearly agrees.

Notable about the response, whose tone is reproving, is that its writer recognizes that restraining orders may be sought impulsively to gratify a “tantrum” and get their defendants “in trouble” (which recognition fittingly uses the language of the playground).

Notable, contrariwise, however, is that the respondent discourages the petitioner of the restraining order, who’s admitted to proceeding impulsively, from following through with her expressed intention to rectify an act that may have been motivated by spite. The respondent is the executive director of AARDVARC (An Abuse, Rape, and Domestic Violence Aid and Resource Collection), and behaviors like those the questioner owns up to undermine her endeavor’s credibility.

Notable, finally, is the respondent’s observation that once the state machine is roused, it can be tough to quiet again—like a swarm of killer bees.

The slack standards applied to the restraining order process cut both ways. Not only do they make it easy to lynch defendants undeservedly based on a few brief statements rendered in minutes; the drive-thru, come-one-come-all policy they authorize urges plaintiffs to proceed full-steam ahead without consideration of consequence to themselves and their families.

Plaintiffs shouldn’t be able to incriminate others impulsively, and those who are baited into doing so have as much reason to fault the state as they do to fault themselves.

Representatives of victims of domestic violence and rape, furthermore, are at least as keenly aware as anyone that people follow vicious impulses when there are no checks on their behavior. Logically, then, feminist proponents should be the first to perceive that if state processes have no reins, they’ll be abused. These activists should, accordingly, recognize restraining orders’ potential for abuse and be at the forefront of advocacy for more rigorous and responsible policy.

Copyright © 2014 RestrainingOrderAbuse.com

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

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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 are frequently men. Appreciate that this urge to blame men is the reason why restraining orders as processes of law exist in the first place.

Appreciate also that men aren’t the force behind the perpetuation of the status quo, and pointing fingers in their direction isn’t going to change that fact.

In the last month, I’ve sifted the Internet to discover what types of restraining order are available where and how to undo their misapplication. The most thorough source of information on restraining orders offered by the various states that I’ve found—and one I’ve repeatedly returned to—is WomensLaw.org.

It’ll tell you everything you ever wanted to know about restraining orders in your neck of the woods. Its domain name will also remind you why restraining orders exist and what they signify (there is no MensLaw.org).

After decades of rampant abuse’s being tolerated and with restraining orders’ having become a familiar institution, men have hopped onto the abuse industry bandwagon, and their malicious exploitation of restraining orders will probably continue to escalate with the passage of time.

The authorship of restraining orders, however, is by women, for women. Anyone with an interest in social justice or in reforming a handily abused process that fractures families and derails lives every day must acknowledge this fact and resist the reflex to divert blame from where it’s due.

The women who advocate for restraining orders don’t necessarily understand that they’re abused, why they’re abused, how they’re abused, or what the consequences of their abuse are. And they’re not going to take men’s word for it.

Copyright © 2014 RestrainingOrderAbuse.com

(Female) Stalkers, False Allegations, and Restraining Order Abuse

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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 to their victims, however, that’s alternatively called stalking, bullying, or mobbing. These words have distinct meanings but are nevertheless porous, because motives for the behaviors they represent are the same: coercion, punishment, domination, and control.

There’s a lot of crossover between them—as is there crossover between the various high-conflict personality types who engage in these behaviors, who contrary to popular perception may be women.

Journalists’, psychologists’, and bloggers’ representations of those with personality disorders that stem from sociopathy tend to use gendered language that implies most abusers (or the worst abusers) are male.  Possibly this is because many who write about sociopaths and narcissists are female, and their experiences are of abuse by men. Or possibly this is because making women out to be villains is ungallant. Or possibly it’s assumed that men can’t be victims of women, even sociopaths, because men have nerves of steel or because their general physical advantage carries over into all contexts. Neither of the latter beliefs is true, and when the context is abuse of legal process, it’s usually the case that the bigger you are, the harder you fall.

Consider these illustrated WikiHow tutorials on “How to Spot a Sociopath” and “How to Identify a Psychopath,” which are pretty good, except that the reader is likely to get the impression from the cartoons that all sociopaths are men.

They aren’t.

These “tips” from “How to Spot a Sociopath” are at least as applicable to women as men, and suggest why abuse of legal process, including restraining order abuse, is so attractive to the sociopathic mind—and why it comes easily to sociopaths or to those who manifest sociopathic traits.

  • “Most sociopaths can commit vile actions and not feel the least bit of remorse. Such actions may include physical abuse or public humiliation of others. If the person is a true sociopath, then he or she will feel no remorse about hurting others, lying, manipulating people, or just generally acting in an unacceptable way.”

    Sociopaths often know how to make others believe they are the victim while actually being the aggressor.

  • Sociopaths tend to blame the victim for their shortcomings. They can never admit to fault and instead attack the victim. Key factor in any DSM diagnosis.
  • This type of person will tell you things to get you to forgive them and then say they never told you. This is a tactic to play mind games.
  • If a person is “too good to be true,” they probably are. This is the case for any DSM diagnosis, including sociopathy, borderline [personality], and narcissism.
  • Most are aware of their need to hide cold traits, and are good actors (have adapted to being different)….
  • Some scientists believe that sociopaths suffer from damage to the prefrontal cortex which regulates emotions and morality, etc.
  • Sociopathic behavior is strongly inherited, so look at problems in the family as a clue to a person’s real personality.
  • Some experts say that a great number of sociopaths were also child abuse sufferers.

The same tutorial, despite its gendered cartoons, references a book published last year titled, Confessions of a Sociopath, which is by a female sociopath who uses the penname M. E. Thomas—and who’s an attorney and law professor, which shouldn’t be particularly surprising to anyone who’s been exposed to legal practitioners.

It may be that not all sociopaths are fairly typified as stalkers and bullies, but if you read this review of Confessions of a Sociopath, you’ll appreciate that motives for abusive conduct come readily enough to the sociopathic psyche.

Thinking of women as stalkers or bullies is just something we’re unaccustomed to or something we treat lightly.

In a series of hers titled, “Female Stalkers,” psychologist Tara Palmatier notes that “female stalking behaviors are portrayed as ‘funny’ or ‘cute.’” We’ve been conditioned—and “we” includes the police and judges—to think of women as both harmless and helpless. Women don’t hurt people.

They do, though.

Popular perceptions of “stalking,” domestic violence, and other abuses tend inordinately to inculpate men. The object of observing that women also act hurtfully isn’t to suggest that women more often act hurtfully than men but to controvert the popular notion that they don’t or can’t, which is both false and largely to blame for the absurd ease with which legal process is maliciously abused.

Accounts submitted to this blog by both men and women indicate that individuals of either gender may and do abuse legal process to torment others, horribly and sometimes for years on end. Either sex may engage in cyclic mind games, as well: manipulating another into trust and then punishing that trust (“It’s okay, I’m sorry, come here”…WHACK!). Repeatedly. One woman’s (mother’s) account of this, shared a few months ago, is numbing: affairs by her (probably borderline personality-disordered) boyfriend followed by apologies followed by recriminations (rinse, repeat) followed by false allegations to the police, to the court, to child protective services, to the military, and on and on.

Most group-stalking or -bullying (mobbing) acts reported to this blog, though, are orchestrated by women. These include combinations of behaviors like making false allegations, spreading false and ruinous rumors with the help of negative advocates (accomplices), using social media to taunt and intimidate from multiple directions, etc. These passive-aggressive forms of abuse to punish, frighten, and dominate—which, depending on the context, may alternatively be called bullying, harassment, or stalking—are usually viewed as less harmful than physical assault. This perception is facile, however, and wrong.

A recent male respondent to this blog, for example, reports encountering an ex while out with his kids and being lured over, complimented, etc. (“Here, boy! Come!”), following which the woman reported to the police that she was terribly alarmed by the encounter and, while brandishing a restraining order application she’d filled out, had the man charged with stalking. Though the meeting was recorded on store surveillance video and was unremarkable, the woman had no difficulty persuading a male officer that she responded to the man in a friendly manner because she was afraid of him (a single father out with his two little kids). The man also reports (desperately and apologetic for being a “bother”) that he and his children have been baited and threatened on Facebook, including by a female friend of his ex’s and by strangers.

Harassment by these means, which tends to be unrelenting but is just as bad when sporadic, creates anxiety and insecurity in its victims, and may well undo them not only psychologically but professionally, financially, and in every other possible way. False allegations (which alone gnaw and corrode) may lead to criminal charges, which may lead to incarceration, from which ensues traumatization of children and possibly loss of employment (from which ensues further traumatization of children…). Same thing with restraining orders, which may easily be obtained in an afternoon by spiteful fraud and which don’t go away—and may also lead not only to loss of employment but loss of employability in a given field.

When a restraining order is issued, it’s entered into state law enforcement databases as well as the FBI’s National Crime Information Center (NCIC) database. The pretense is that restraining orders are civil misdemeanors of no particular significance. Repeat: National Crime Information Center.

Records of restraining orders are public, besides, and accessible by anyone, and may moreover be recorded in public registries for easy access. Allegations on those records, no matter how scandalous and even if found to be exaggerated or maliciously false, aren’t censored.

Our perceptions of the consequences of public allegations, as well as the justice system’s perceptions of them, are completely schizoid. They’re neither actually “no big deal” nor actually treated as though they’re “no big deal.” And they’re certainly not “no big deal” to those falsely accused and everyone who depends on them. False allegations may range from stalking to sexual harassment to battery or worse.

The actuality is that allegations made on restraining orders, which may be utterly malicious fabrications, are presumed to be legitimate by everyone. Just the phrase restraining order instantly establishes the credibility of an accuser who may be a bully or stalker.

Applicants for restraining orders, it’s again presumed, are afraid of the people they’ve accused and want nothing to do with them. Accordingly, there are no limitations placed on the conduct of petitioners and no repercussions to them for their harassing the people they’ve alleged they’re afraid of. Restraining orders license abusers—bullies, stalkers, and their confederates—to act with impunity. Even when abuses are reported, the tendency of cops and court staff is to shrug.

Restraining orders, because they establish credibility with judges and police officers (based on no standard of evidence and on mere minutes-long “trials” that never approach conclusiveness), make further claims that bullies or stalkers allege, whether proximally or later on (even years later on), entirely plausible. Conflict can be rekindled and stoked endlessly and whimsically.

Lives are derailed this way: sanity compromised, careers sabotaged or sundered, savings exhausted, and on and on. Trials may lead to further trials without end.

And all of this may originate with sick games whose motives are dismissed as “harmless”—or even “cute.”

Copyright © 2014 RestrainingOrderAbuse.com

Rethinking “Stalking”: When Sociopathic Stalkers Apply for Restraining Orders

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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 above. Stalking is a form of abuse, and most abusers ultimately want control over their victims. Therefore, stalking is about controlling a love object, a hate object, or a love/hate object. Both love and hate can inspire obsession.

“Abusive personalities and stalkers often lack or have selective empathy for their victims. In fact, a characteristic of stalking is that the stalker objectifies [his or] her victim. If you don’t see your victim as another human being with feelings, needs, and rights, it becomes very easy to perpetrate any number of cruel, crazy, malicious, spiteful, and sick behaviors upon him or her. What about stalkers who believe they’re in love with their victims? Again, this is about possession and control; not love. They want to possess and control you regardless of what you want.”

—Dr. Tara J. Palmatier, Psy.D.

Laws tend to define stalking as the exhibition of unwanted behaviors that alarm people.

What a broader yet nuanced definition of stalking like Dr. Palmatier’s reveals is that what makes someone a stalker isn’t how his or her target perceives him or her; it’s how s/he perceives his or her target: as an object (what stalking literally means is the stealthy pursuit of prey—that is, food).

Who perceives others as objects? The sociopath. Mention sociopath and restraining order in the same context, and the assumption will be that the victim of a coldblooded abuser will have sought the court’s protection from him or her.

The opposite, however, may as easily be the case.

Appreciate that stalking is about coercion, punishment, domination, and control of a target who’s viewed as an object, and it’s easy to see why the stalker in a relationship might be the petitioner of a restraining order, an instrument of coercion, punishment, domination, and control.

(“[T]o feel a sense of personal power,” furthermore, is a recognized reward motive for the commission of fraud. Pulling one over on other people, particularly those in authority, feels gooood.)

Appreciate, also, that a stalker’s motives for “courtship” (i.e., what s/he stands to gain from a relationship) may not be recognized by his or her target as abnormal at all. Nor, of course, will they be understood as abnormal by the stalker. What this means is, stalking isn’t always recognized as stalking (predator behavior), and correspondingly isn’t always repelled.

The Psychology of Stalking: Clinical and Forensic Perspectives notes that the majority of stalkers manifest Cluster B personality disorders, which I’ve talked about in the previous two posts, citing various authorities. People like this—borderlines, antisocials, narcissists, and histrionics—often pass as normal (“neurotypical”). They’re around us all the time…and invisible. Dr. Palmatier, a psychologist from whose writings the epigraph is drawn, has posited that Cluster B personality disorders “form a continuum” and “stem from sociopathy,” a trait of which is viewing others as objects, not subjects. Not only may others be unconscious of personality-disordered people’s motives; such people may be unconscious of their motives themselves.

(Out of respect for the author of the epigraph, I should note that my application of the word stalker in the context of this post departs from hers. The position of this post is that the person who pursues an objectified target and then displaces blame for aberrant behavior onto that target to “punish, frighten, or control” him or her is no less a stalker than the person who relentlessly seeks to possess his or her target. The topic of Dr. Palmatier’s exposition is attachment pathology of the latter sort.)

Contrary to the popular conception that stalkers are wallflower weirdos who obsessively trail dream lovers from a distance with the aid of telescopic lenses, stalkers may be socially aggressive and alluring—or at least sympathetic—and may exhibit no saliently weird qualities whatever.

Returning to Dr. Palmatier’s definition of stalking, what makes someone a stalker isn’t how s/he acts, per se, it’s why she acts the way s/he does. What makes an act an act of stalking is the motive of that act (the impulse behind it), which isn’t necessarily evident to a stalker’s quarry.

Placed in proper perspective, then, not all acts of stalkers are rejected or alarming, because their targets don’t perceive their motives as deviant or predatory. The overtures of stalkers, interpreted as normal courtship behaviors, may be invited or even welcomed by the unsuspecting.

The author of the blog Dating a Sociopath astutely limns the course of a relationship with a stalker (someone who views the other as a means, not an end with “feelings, needs, and rights”).

The sociopath wears a mask. But [s/he] will only wear that mask for as long as it is getting him [or her] what [s/he] wants. The sociopath is not emotionally connected, to you or anybody else. Whilst the sociopath might show connection, this would only be a disguise, to serve his [or her] own needs.

When the sociopath realises that [s/he] can have better supply elsewhere, or if [s/he] feels that supply with you is coming to an end, [s/he] will leave you without warning. The sociopath would have sourced a new victim for supply, but this would have been done behind your back and without your knowledge.

To do so, it is likely that the sociopath needed to play victim to the new source. Often [s/he] would have made complaints about you to gain sympathy and win support. Again, this will be something that you have absolutely no knowledge of, until later.

Consider her conclusion that a sociopath may “play victim” to acquire new narcissistic supply, and you’ll perceive how perfectly lies to the police and/or the courts (donning a new mask) may assist him or her in realizing his or her pathological wishes.

The blog post from which this quoted material is drawn concerns being abruptly discarded by a sociopath, which the writer notes may leave the sociopath’s quarry feeling:

  • Confused
  • Bewildered
  • Lost
  • Desperate for answers
  • A longing and neediness to understand
  • Wanting back the honeymoon stage
  • Unsure if the relationship is actually over or not?
  • Self-blame
  • Manipulated, conned, and deceived

Expressions of these feelings, whose motives are not those of stalkers but of normal people prompted by a need to understand the inexplicable, may take the form of telephone calls, emails, or attempts at direct confrontation—all of which lend themselves exquisitely to misrepresentation by stalkers as the behaviors of stalkers.

The personality-disordered answer primal urges, and among those urges is the will to blame others when their bizarre expectations aren’t satisfied—and they inevitably aren’t—or when others express natural expectations of their own that defy disordered personalities’ fantasized versions of how things are supposed to go.

The author of this blog, a formerly private man who had a restraining order petitioned against him characterizing him as a stalker (and who has been back to court three times since to respond to the same allegation, the least of several), has been monitored for eight years by a stranger he naïvely responded to whom he found standing outside of his house one day as he went to climb into his car.

I was a practicing writer for kids.

The first correspondent I had when I began this blog three years ago was a woman who’d been pursued and discarded by a pathological narcissist, who subsequently obtained a restraining order against her (by fraud), representing her as a stalker (cf. Dr. Palmatier’s “Presto, Change-o, DARVO: Deny, Attack, and Reverse Victim and Offender”).

She taught music to kids.

Last fall, I exchanged numerous emails with a woman who’d fallen for a man with borderline personality disorder, who abused her, including violently, then did the same thing after she sought a restraining order against him, which was denied.

She was a nurse who had three kids.

You’ll note that those labeled “stalkers” by the state in these cases—and they’re hardly exceptions—confound the popular stalker profile that’s promoted by restraining order advocates.

An irony of this already twisted business is that injuries done to people by their being misrepresented to the authorities and the courts by disordered personalities as stalkers ignite in them the need to clear their names, on which their livelihoods may depend (never mind their sanity); and their determination, which for obvious reasons may be obsessive, seemingly corroborates stalkers’ false allegations of stalking.

This in turn further feeds into the imperative of personality-disordered stalkers to divert blame from themselves and exert it on their targets. People like this fatten on drama and conflict, and legal abuses gratify their appetites like no other source, both because the residue of legal abuses never evaporates and because those abuses can be refreshed or repeated, setting off further chain reactions ad infinitum.

The agents of processes that were conceived to arrest social parasitism and check the conduct of stalkers are no less susceptible to believing the false faces and frauds of predatory people than their victims are.

Copyright © 2014 RestrainingOrderAbuse.com

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

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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 their cause (their attorney—or if no attorney, the judge) […]. Generally, those with personality disorders are highly skilled at—and invested in—the adversarial process.

“Those with personality disorders often have an intensity that convinces inexperienced professionals—counselors and attorneys—that what they say is true. Their charm, desperation, and drive can reach a high level in this very emotional bonding process with the professional. Yet this intensity is a characteristic of a personality disorder, and is completely independent from the accuracy of their claims.”

—William (Bill) Eddy (1999)

Contemplating these statements by therapist, attorney, and mediator Bill Eddy should make it clear how perfectly the disordered personality and the restraining order click. Realization of the high-conflict person’s fantasies of punishment and control is accomplished as easily as making some false or histrionically hyped allegations in a few-minute interview with a judge.

Contemplating these statements should also make clear the all-but-impossible task that counteracting the fraudulent allegations of high-conflict people can pose, both because disordered personalities lie without compunction and because they’re intensely invested in domination, blaming, and punishment.

Lying may be justified in their eyes—possibly to bring a reconciliation. (This can be quite convoluted, like the former wife who alleged child sexual abuse so that her ex-husband’s new wife would divorce him and he would return to her—or so she seemed to believe.) Or lying may be justified as a punishment in their eyes.

As Mr. Eddy explains in a related article (2008):

Courts rely heavily on “he said, she said” declarations, signed “under penalty of perjury.” However, a computer search of family law cases published by the appellate courts shows only one appellate case in California involving a penalty for perjury: People v. Berry (1991) 230 Cal. App. 3d 1449. The penalty? Probation.

Perjury is a criminal offense, punishable by fine or jail time, but it must be prosecuted by the District Attorney, who does not have the time. [J]udges have the ability to sanction (fine) parties but no time to truly determine that one party is lying. Instead, they may assume both parties are lying or just weigh their credibility. With no specific consequence, the risks of lying are low.

High-conflict fraudsters, in other words, get away with murder—or at least character assassination (victims of which eat themselves alive). Lying is a compulsion of personality disorders and is typical of high-conflict disordered personalities: borderlines, antisocials, narcissists, and histrionics.

When my own life was derailed eight years ago, I’d never heard the phrase personality disorder. Five years later, when I started this blog, I still hadn’t. My interest wasn’t in comprehension; it was to recover my sanity and cheer so I could return to doing what was dear to me. I’m sure most victims are led to do the same and never begin to comprehend the motives of high-conflict abusers.

slanderI’ve read Freud, Lacan, and some other abstruse psychology texts, because I was trained as a literary analyst, and psychological theories are sometimes used by textual critics as interpretive prisms. None of these equipped me, though, to understand the kind of person who would wantonly lie to police officers and judges, enlist others in smear campaigns, and/or otherwise engage in dedicatedly vicious misconduct.

What my collegiate training did provide me with, though, is a faculty for discerning patterns and themes, and it has detected patterns and themes that have been the topics of much of the grudging writing I’ve done in this blog.

Absorbing the explications of psychologists and dispute mediators after having absorbed the stories of many victims of abuse of court process, I’ve repeatedly noticed that the two sources mutually corroborate each other.

Not long ago, I approached the topic of what I called “group-bullying,” because it’s something I’ve been subject to and because many others had reported to me (and continue to report) being subject to the same: sniping by multiple parties, conspiratorial harassment, derision on social media, false reports to employers and rumor-milling, fantastical protestations of fear and apprehension, etc.

The other day, I encountered the word mobbing applied by a psychologist to the same behavior, a word that says the same thing much more crisply.

Quoting Dr. Tara Palmatier (see also the embedded hyperlinks, which I’ve left in):

If you’re reading this, perhaps you’ve been or currently are the Target of Blame of a high-conflict spouse, girlfriend, boyfriend, ex, colleague, boss, or stranger(s). Perhaps you’ve been on the receiving end of mobbing (bullying by a group instigated by one or two ringleaders) and/or a smear campaign or distortion campaign of a high-conflict person who has decided you’re to blame for her or his unhappiness. It’s a horrible position to be in, particularly because high-conflict individuals don’t seem to ever stop their blaming and malicious behaviors.

A perfect correspondence. And what more aptly describes the victim of restraining order abuse than “Target of Blame”?

This phrase in turn is found foremost on the website of the High Conflict Institute, founded by Bill Eddy, whom I opened this post by quoting:

high_conflict_yellow

Restraining orders are seldom singled out or fully appreciated for the torture devices they are by those who haven’t been intensively made aware of their unique potential to upturn or trash lives, but the victims who comment on this and other blogs, petitions, and online forums are saying the same things the psychologists and mediators are, and they’re talking about the same perpetrators.

Judges understand blaming. That’s their bailiwick and raison d’être. They may even understand false blaming much better than they let on. What they don’t understand, however, is false blaming as a pathological motive.

Quoting “Strategies and Methods in Mediation and Communication with High Conflict People” by Duncan McLean, which I highlighted in the last post:

Emotionally healthy people base their feelings on facts, whereas people with high conflict personalities tend to bend the facts to fit what they are feeling. This is known as “emotional reasoning.” The facts are not actually true, but they feel true to the individual. The consequence of this is that they exhibit an enduring pattern of blaming others and a need to control and/or manipulate.

There are no more convenient expedients for realizing the compulsions of disordered personalities’ emotional reasoning and will to divert blame from themselves and exert it on others than restraining orders, which assign blame before the targets of that blame even know what hit them.

Returning to the concept of “mobbing” (and citing Dr. Palmatier), consider:

The group victimization of a single target has several goals, including demeaning, discrediting, alienating, excluding, humiliating, scapegoating, isolating and, ultimately, eliminating the targeted individual.

Group victimization can be the product of a frenzied horde. But it can also be accomplished by one pathologically manipulative individual…and a judge.

Copyright © 2014 RestrainingOrderAbuse.com

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

Moderator 4 Comments

“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 agencies of accountability, lawyers, or mediators, especially those working in highly emotive legal dispute areas such as family law.”

—Duncan McLean

Since I’m neither a psychologist nor an attorney, I’m free to say politically incorrect things. Layman’s license authorizes me to clarify, for instance, that the high-conflict people referred to in the epigraph can be monstrous. A clinician might hesitate to call the conduct of high-conflict people sick, and a mediator would reject such labeling as counterproductive to compromise. Nevertheless, that conduct can be extremely sick and far exceed the bounds of words like contrary, vexatious, and difficult.

If you’ve been attacked serially by someone you trusted who’s abused legal process to hurt you, spread false rumors about you, made false allegations against you, and otherwise manipulated others to join in bullying you (possibly over a period spanning years and despite your reasonable attempts to settle the situation), your persecutor is an example of the high-conflict person to whom the epigraph refers, and understanding his or her motives may be of value to your self-protection.

What the author of the monograph from which the quotation above is excerpted means by “behavioral clusters” (switching to the American spelling) is a set of traits and patterns of habitual conduct. High-conflict people, people with personality disorders (or who at least manifest some of their maladaptive traits), are defined by clusters of observable characteristics that guide them to instigate and sustain conflict, including conflict through abuse of legal process. Borderline, antisocial, narcissistic, and histrionic personality disorder (collectively, the “Cluster B disorders”) are defined by such characterological clusters.

Personality disorders are grouped into clusters based on their predominant features, and it is the Cluster B disorders which typically present with high expression of emotions, neuroticism, dramatization, and hostility.

Cluster B disorders are categorised into the following four sub-types:

  1. Borderline Personality – marked by instability of mood and intense anger, self-destructiveness, a poor sense of self, fears of abandonment, and manipulative behaviour.
  2. Antisocial Personality – a disregard for, and violation of, the rights of others and the rules of society; a lack of empathy and remorse; exploitative, reckless, and irresponsible behaviour.
  3. Narcissistic Personality – a pattern of grandiosity, self-love, and a need for admiration; a sense of entitlement and haughty, arrogant attitudes; preoccupation with success, power, brilliance.
  4. Histrionic Personality – pervasive and excessive emotionality and attention-seeking behaviour; shallow or insincere emotions; inappropriately seductive or provocative behaviour; impressionistic and flamboyant speech.

Note that a single individual may possess traits of more than one personality disorder (or may have more than one personality disorder) and that these definitions are not impervious to overlap. “The people diagnosed with these four disorders are known for their frequent and dramatic interpersonal conflicts and crises. Their personality characteristics often bring them into disputes which involve many others to resolve—including the courts” (Cheryl Cohen, Jack Mahler, and Gwen Jones, “Managing High Conflict Personalities in Mediation”).

If a reader of this post takes nothing else away from the epigraph, s/he should at least note Mr. McLean’s remark that high-conflict, personality-disordered people are “often observed in legal disputes,” a remark echoed by the quotation immediately above, which comes from a different source. Although high-conflict personalities are a minority respective to the population as a whole, they’re disproportionately commonplace among complainants to the courts and other “agencies of accountability” (like child protective services and the police, to offer but a couple of examples).

[P]eople with Cluster B personality disorders are more likely to escalate their disputes to satisfy their underlying need for dominance, blame, denial of responsibility and, sometimes, revenge.

High-conflict people, plainly, are your false accusers and vexatious litigants from hell. They’re driven to divert blame from themselves and exert it on others (who may be their victims).

Restraining orders, due to their low evidentiary threshold and ease of procurement, are ideal media for abuse by those with no scruples about lying or manipulating others and a keen interest in exciting drama and mayhem.

Mediators are circumspect in their judgments, because their role is to pacify strife and facilitate bridge-building between disputants. Effectively doing their work depends on possessing an empathic understanding of the motives of high-conflict people, which may also be worthwhile to those who’ve been victimized by them.

Cognitive distortions, thoughts that are based on a false premise, are a significant feature of high conflict personalities’ thinking style. Often as a consequence of disrupted attachment or a dysfunctional or abusive upbringing, sufferers will develop cognitive distortions and defence mechanisms in an attempt to make sense of the world and to make their experiences fit their own emotions.

Emotionally healthy people base their feelings on facts, whereas people with high conflict personalities tend to bend the facts to fit what they are feeling. This is known as “emotional reasoning.” The facts are not actually true, but they feel true to the individual. The consequence of this is that they exhibit an enduring pattern of blaming others and a need to control and/or manipulate.

The mediator’s position is that high-conflict people are in a sense “unconscious” of their lies and manipulations. More accurate might be that such people aren’t self-critical; they rationalize their conduct, which may be much more impulsive than premeditated but is always relentless and nonetheless destructive. Certainly many psychologists are less generous in their estimations of how unaware the personality-disordered are of their deceits and manipulations—as their victims are bound to be.

That notwithstanding, the appearance of monographs like the one I’ve highlighted in this post is a big deal, because our courts and other “agencies of accountability” are pretty much clueless about personalities like the ones on which it focuses attention (as in fact are most victims of such people).

That’s not to say Mr. McLean’s observations are new. His paper, which was published last year, shadows the professional writing of therapist, attorney, and mediator William (Bill) Eddy, who’s been elucidating the challenges posed by people with personality disorders in the court system (particularly family court) for decades. The monograph, moreover, cites Mr. Eddy’s work more than once. More recently, psychologist Tara Palmatier, whose online explications of the behaviors of the personality-disordered also draw on the pioneering observations of Mr. Eddy, has written volubly, accessibly, and explicitly about abuses, including legal abuses, committed by high-conflict people (as have a number of other psychologists who zero in on the narcissist personality). Many, if not most, of Dr. Palmatier’s patients have been the victims of such abuses and/or abusers, and some of their personal accounts (“In His Own Words”) appear on her blog.

Returning to Mr. McLean’s paper (which, again, echoes summations of both Mr. Eddy and Dr. Palmatier):

High conflict behavior…can be broadly described as behaviour which escalates rather than minimises conflict. The individual tends to escalate because they receive some kind of secondary gain from the dispute, but contrarily, they are inclined to blame others whilst perceiving themselves as the victim. The displayed emotion is often disproportionate to the dispute in question, and often there is the presence of poorly regulated emotions in the form of anger, impulsivity, and criticism of others, whilst it is not uncommon to observe controlling and manipulative behaviours.

High-conflict personalities are worse than liars; they’re liars who delude themselves that their lies are justified. They don’t reconsider or back down, and they’re capable of fomenting and sustaining conflict for years, including (especially in the case of narcissists) by gross fraud, smear tactics, and the enlistment of third parties to abet their frauds or participate in bullying their victims.

Because high conflict people tend to distort facts to suit their emotions, they often put a lot of energy into blaming other people for their cognitive distortions. The need to release internal distress results in reality-distorting defence mechanisms, such as projection and denial, which results in [their] failing to recognise their part in conflict. These cognitive distortions (also known as emotional facts) are frequently transferred to other people, which in turn often enables and exacerbates the behaviour.

In his paper, which I urge readers to consult, Mr. McLean includes actual transcript excerpts from cases heard in court that are both enlightening and impressive, and should encourage anyone in a legal clash with a high-conflict person who’s capable of obtaining the aid and representation of a mediator to consider it.

It’s deplorably the case that “rapport-building” is never an option in the drive-thru arena that is the restraining order process.

Examination of Mr. McLean’s professional insights into the specific personality disorders underscores how vexed resolving legal conflicts in this arena may be. He notes, for instance, that exposing a narcissist’s misconduct by confronting him or her with that misconduct or making him or her “look bad” will only fan the flames. He’s no doubt right, but in hearings that last mere minutes, painstaking assuagement of a narcissist’s ego isn’t practicable. Similarly he observes that among histrionics, “[e]xaggerated emotions and phoniness may be common initially.”

In a court process that’s concluded almost as soon as it’s begun, like a restraining order hearing, exaggerations and phoniness can’t be exposed through methodical cross-examination. The severity of a plaintiff’s allegations of apprehension may in fact excuse him or her from attending a hearing, altogether scotching the opportunity to expose his or her falsehoods by questioning.

Emphatically noteworthy, then, is the virtual absence from any but very lengthy and deliberate trials that are influenced by expertise like Mr. McLean’s of any chance to prosecute a capable defense against the frauds of high-conflict people.

Copyright © 2014 RestrainingOrderAbuse.com

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

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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, whether sane or not, can go file a petition with its being granted depending on how it’s worded, I was treated like a criminal and not one time given the opportunity to inform even the judge that the petitioner had committed perjury. Only in [West Virginia] a felony can be committed and go unpunished. This is [an overlooked] flaw that needs immediate attention!!!! This not only jeopardizes my future, but my kids’ future, because if the petitioner wouldn’t have dropped it, it would [have been] filed in a national database, popping up whenever a background check is done on me, including [by] my college for my admission into Nuclear Medicine Technology…and this is all based on a drug-addicted, manipulating, vindictive person’s false accusations.”

—Female e-petition respondent

“Dangerous law easily used as a sword instead of shield. A Butte man died over this. His girlfriend, after making the false allegations, cleaned out his bank account. He committed suicide. His mother, Ruth, had no money to bury him. The girlfriend depleted his assets partying.”

—Female e-petition respondent

“I can relate to this topic, because I once made false allegations against my lover because I was a woman scorned and wanted to get even with him and make him feel the same level of pain that he made me feel. Luckily for him and me, I was convicted in my spirit and confessed to the court that I’d lied, and the matter was dropped. If I’d not been led to do that, my lie could have ruined this man’s life….”

—Female e-petition respondent

“It makes me sick that there are so many families affected by false allegations. The children [who] are affected break my heart. We have been living this nightmare for over a year now—over $40 thousand dollars spent, and this woman still keeps us in court with her false allegations…. At what point will the courts make these people accountable???”

—Female e-petition respondent

A recent comment to this blog from a female victim of restraining order abuse (by her husband) expressed the perception that criticism of feminist motives and the restraining order process, a feminist institution of law, seemed vitriolic toward women.

Her reaction is understandable.

What isn’t perceived generally, including by female victims of fraudulent abuse of process, is that the restraining order was prompted by feminist lobbying just a few decades ago and that its manifest injustices are sustained by feminist lobbying. It’s not as though reform has never been proposed; it’s that reform is rejected by those with a political interest in preserving the status quo.

Political motives, remember, aren’t humanitarian motives; they’re power motives.

So enculturated has the belief that women are helpless victims become that no one recognizes that feminist political might is unrivaled—unrivaled—and it’s in the interest of preserving that political might and enhancing it that the belief that women are helpless victims is vigorously promulgated by the feminist establishment that should be promoting the idea that women aren’t helpless.

It’s this belief and this political might that make restraining order abuses, including abuses that trash the lives of women, possible. Not only does the restraining order process victimize women; it denies that women have personal agency.

Nurturance of the belief that women are helpless victims puts a lot of money in a lot of hands, and very few of those hands belong to victims.

The original feminist agenda, one that’s been all but eclipsed, was inspiring women with a sense of personal empowerment and dispelling the notion that they’re helpless. The restraining order process is anti-feminist as is today’s mainstream feminist agenda, which equity feminists have been saying for decades.

Restraining orders continue to be doled out (in the millions per annum) on the basis of meeting a civil standard of evidence (which means no proof is necessary), pursuant to five- or 10-minute interviews between plaintiffs and judges, from which defendants are excluded.

So certainly has the vulnerability and helplessness of women been universally accepted that the state credits claims of danger or threat made in civil restraining order applications on reflex, including by men, because our courts must be perceived as “fair.” Consequently, fraudulent claims are both rampant and easily put over.

Restraining orders aren’t pro-equality and don’t contribute to the advancement of social justice. They do, though, put a lot of people’s kids through college, like lawyers’ and judges’.

Copyright © 2014 RestrainingOrderAbuse.com

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

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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 responded to this blog.

Scholars, members of the clergy, and practitioners of disciplines like medicine, science, and the law, among others from whom we expect scrupulous truthfulness and a contempt for deception, are furthermore no more above lying (or actively or passively abetting fraud) than anyone else.

The false accusers from whom I’ve seen and been informed the most devious and unmitigated frauds originate, in fact, are the self-entitled, those who imagine they’re distinguished from the crowd and therefore exempt from its rules. They lie smoothly, righteously, and with an air of affronted dignity. That such people typically enjoy the security and reassuring presence of an attorney by their sides no doubt factors largely into their confidence.

M.D., Ph.D., Th.D., LL.D.—no one is above lying, and the fact is the better a liar’s credentials are, the more ably s/he expects to and can pull the wool over the eyes of judges, because in the political arena judges occupy, titles carry weight: might makes right.

Like most of us are prone to, judges presume a superior standard of integrity from people with advanced degrees or other tokens of accomplishment who practice in areas of influence. The court takes the ethics of such people on faith. It’s a prejudice as old as human hierarchies. Those who have power or its semblance aren’t to be held accountable for abuses of power.

The court shouldn’t presume integrity from these people; it should demand it and hold such people accountable to the high standards to which it presently and wrongly presumes such people hold themselves.

Copyright © 2014 RestrainingOrderAbuse.com

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

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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, the assailant ordered Pamela to park the vehicle in a secluded rural area and led her into the woods. He bound her to a tree, placing the bicycle chain around her neck. The subject then assaulted her vaginally with a box cutter and lacerated her breasts and right nipple.

“Then, he ordered Pamela back into her car and had her drive them to a nearby ferry. The subject exited the vehicle and disappeared while heading toward the ferry at about 3 p.m. Pamela drove herself to the nearest hospital for treatment, and staff members notified the police. After receiving medical attention, she was released.

“State and local police investigators conducted the initial interview of Pamela at the hospital. Although initially cooperative, she stopped answering questions. Pamela agreed to meet investigators at a later date at the state police barracks to discuss the abduction and sexual assault, but she never arrived.

“A review of hospital medical records showed that Pamela received treatment for superficial lacerations to her right hand, left breast, right breast and nipple, and neck. She also had several superficial abrasions in her pubic region. The doctor described her as tired but in no acute discomfort.

“Officers found no forensic evidence from Pamela or her vehicle. They contacted the FBI’s National Center for the Analysis of Violent Crime (NCAVC) for assistance in developing an interview strategy. Investigators determined that Pamela suffered from depression and anxiety and had a prescription for an antidepressant. Working with NCAVC, officers developed a successful interview strategy, and Pamela finally admitted that she fabricated the abduction and sexual assault.

“Her false allegation tied up the resources of several state and local police departments, as well as the area FBI office. Significant media attention focused on the case prior to her confession. An artist’s sketch of the imaginary offender circulated. The media quoted a spokesperson for a local women’s rape crisis center as saying, ‘What I see is a community that is scared….’”

—Federal Bureau of Investigation (FBI)

Does this sort of thing happen frequently? No. What’s often and deplorably discounted by those hostile to exposure of false allegations, however, is that it does happen. And typically the alleged offender isn’t a phantom but a real person (victim).

The likelihood of false allegations to withstand critical scrutiny by multiple police agencies is remote. What the cited case highlights, however, is that false accusers can be extremely convincing and deliberate in their frauds; and what this blog seeks to expose is that false accusers can very easily abuse civil procedure, specifically the restraining order process, according to the same motives that false criminal accusers exhibit, which according to the FBI are these:

  • Mental illness/depression
  • Attention/sympathy
  • Financial/profit
  • Alibi
  • Revenge

It’s no coincidence that this catalog exactly corresponds to the motives of false restraining order applicants, whose allegations are made in brief, five- or 10-minute interviews with judges, and are subject to no particular scrutiny whatever. Any number of the posts on and comments made to this blog concern abuses motivated by mental illness or personality disorders, attention-seeking, financial gain (including wresting money, property, and home from the falsely accused), blame-shifting (establishing an alibi for misconduct and shifting the blame for that misconduct onto its victim), and/or good old-fashioned vengeance.

These motives for legal attacks are moreover readily corroborated by psychologists.

The FBI Law Enforcement Bulletin I’ve quoted goes on at some length to detail the difficulties and complexities that unraveling false claims entails for agents of the FBI. Appreciate then how absurd is the state’s faith that a single judge—or a couple of them—can ascertain the truth of civil restraining order allegations by auditing claims in a hearing or hearings arrived at with no prior information, that last mere minutes, and that are furthermore biased by the preconception that the accused is guilty.

The only reasonable conclusion to be drawn is that the state believes judges can discern what teams of crack FBI specialists working around the clock may not or that the truth doesn’t matter.

What makes this conclusion outrageous is that though false criminal allegations may result in a false conviction for a crime, the consequences of false civil allegations may be no less severe.

At the very least, those falsely accused in civil court are subject to threats, menace, curtailment of freedom, humiliation, and the contamination of their public records, which can permanently interfere with or exclude employment prospects and options—all of this topped off by the psychological trauma that necessarily ensues. The falsely accused may further be subject to incarceration resulting from further false allegations by malicious and/or mentally ill or personality-disordered plaintiffs (possibly for terms as lengthy as sentences based on false criminal allegations might impose), as well as loss of entitlement to home and property. Some false restraining order defendants are left homeless and bereft of everything that made their lives meaningful. As one advocate puts it, the falsely accused may be “erased.”

These consequences, recall, stem from cursory auditions of allegations that are answerable to no standard of proof. Allegations in civil court are judged largely according to impressions. Civil rulings, contrasted with criminal investigations, are no more conclusive than coin tosses.

The restraining order process is a tidy workaround that allows false accusers to realize the same objectives fraudulent criminal allegations might gratify, possibly to a much greater extremity, while requiring no lengthy interrogation and threatening no risk of criminal consequences to the false accuser who’s caught out. False allegations made in civil court are more often than not slyly ignored even when detected, and they’re certainly not recorded in any statistical database. They’re typically unremarked, typically unremarked on when discerned, and duck public awareness and scrutiny entirely.

The reason why this is so lies in the last line of the epigraph: “The media quoted a spokesperson for a local women’s rape crisis center as saying, ‘What I see is a community that is scared….’”

Copyright © 2014 RestrainingOrderAbuse.com

Learning to Talk the Talk: Resources for Victims of “Disturbed” People Who’ve Also Been Victimized by the Courts

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“[Narcissism] is, in my opinion, the single most damaging and maladaptive tendency seen in sociopaths. When taken to extremes, it can lead to seriously abusive patterns of behavior that are repulsive and idiotic, both from any sort of ethical perspective and from the perspective of sheer self-interest. It is also fundamentally misunderstood. The word ‘narcissist’ connotes, to most people, merely personal vanity taken to an extreme. This is not what the word narcissism means in the context of sociopathic psychology. Narcissism…means the inability to understand that other people exist as distinct entities from oneself—with their own wants, emotions, and personal space—combined with a grandiose and exaggerated perception of self. The ‘narcissistic personality disorder’ described in the DSM is in my opinion simply the identification of sociopathic individuals who allow their own narcissistic tendencies to become so severe that [they begin] to ruin their lives and the lives of those around them.”

—Clinically diagnosed sociopath and blogger

I encountered this exceptional writer in an online forum recently and quoted much of what he had to say about the motives of the sociopathic mind, as well as his “insider” conclusions about what makes narcissists tick. He corroborated some of my own lay suspicions and corroborates as well the belief of psychologist Tara Palmatier, who has written volubly about abuses of legal procedure, that the personality disorders most damaging to others stem from sociopathy.

This writer, who very plausibly calls himself a “high-functioning sociopath” but who doesn’t otherwise identify himself, perceives people with these personality disorders (specifically, narcissistic personality disorder and borderline personality disorder) as “low-functioning sociopaths” who are prone to indulge hedonistic (that is, pleasure-seeking) impulses, both to their own detriment and that of those who run afoul of them. Put plainly, they hurt other people to gratify the urges of their haywire brains. This writer’s ideas are carefully and lengthily qualified, and with convincing earnestness and intelligence, and I urge anyone who’s interested in a nuanced understanding of disordered brains and their eccentricities to visit this writer’s blog, as well as that of the aforementioned psychologist, Dr. Tara Palmatier, for personal and clinical perspectives on disordered personalities and how to deal with them.

The reasons the personality-disordered are often brought up in this blog are two: (1) because these people have limitless capacity to destroy the lives of others and no scruples or inhibitions about lying to disown accountability for their actions, and (2) because their victims, who are also often victims of legal clashes people like this instigate to distance themselves from their crimes, don’t have the words or concepts to qualify what in the hell just happened to them.

Those who’ve been pursued by or had relationships with disordered personalities, particularly narcissists, whose peculiarities aren’t prominent and easily distinguished as aberrant, may be inclined to doubt or question their own perceptions (which narcissists are masters at manipulating) and may be no more able to characterize the conduct and chronic lying of such people than as “hurtful” or “disturbed” or “psycho.” The motives of the personality-disordered aren’t easily explicable, because they don’t make any sense. Until you’ve been initiated and made an earnest effort to comprehend such bewilderingly anomalous minds, you don’t have the tools to even articulate what you’ve been subjected to. It’s no wonder, for example, that blogs about victimization by narcissists have titles like An Upturned Soul and Out of the Fog—or that using the search term “narcissist” on Amazon.com yields 1,028 returns (including the titles, How Many Lies Are Too Many?: How to Spot Liars, Con Artists, Narcissists, and Psychopaths before It’s Too Late and Web of Lies: My Life with a Narcissist).

Fascinatingly, reading the blog of the “high-functioning sociopath” I’ve commended, and considering that sociopaths are popularly said to be emotional vacuums, there’s no avoiding the impression that he is very empathic, though his isn’t an “I feel you” empathy so much as a reasoned, analytic (“I feel me”) one, which actually makes for very lucid explication unmuddied by touchy-feely distractions that are hardly soothing, anyway, to people who’ve had their lives derailed and are looking for answers rather than palliatives.

Copyright © 2014 RestrainingOrderAbuse.com

*The original blog cited and recommended in this post, QuestioningSociopathy.com, has since been deleted by its author.

PERJURY: BS-ing the Court, the Frequency of False Allegations, and the Fraudulent Abuse of the Civil Restraining Order

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In the last post, I discussed how lying is generally gotten away with beneath the radar. What people who’ve blessedly had no personal experience with fraudulent abuse of legal process fail to grasp is (1) there’s no incentive to expose untruths except (perhaps) when they’re used to frame people for crimes for which they stand to be convicted, (2) lies are much more commonly used to re-frame the truth into one favorable to the image or malicious intentions of fraudsters than they are to send people to prison, (3) lies don’t have to succeed in false criminal convictions to be damning or ruinous, and (4) lies may be of sorts that are impossible to discredit yet may permanently corrupt the public records and lives of the falsely accused.

Writers, for instance, who confront false allegations of domestic violence don’t actually invite their imaginations to conceive what such false allegations might be. Perhaps they vaguely suppose they’re of this nature: “He beats me with a belt buckle” or “She locks me in the pantry.” False allegations like these may certainly be made, but lies may be much more subtle or vaporous: “I live in a constant state of fear” or “She said she was going to kill me while I sleep.” Is the truth or falsity of these latter claims possible to ascertain? No. Police reports and restraining orders may be based on allegations like these, however, and anyone who imagines maliciously motivated people are incapable of making false statements to this effect have lived enviably sheltered lives.

False claims of stalking are as easily manufactured: “He creeps around my neighborhood late at night” or “She cut me off in traffic, almost running me off the road.” Allegations like these may not only be the substance of false police reports (which may—and do—gnaw at the sanity of their victims) but may be grounds for false restraining orders (which are far more nightmarish). In fact, the latter allegation was the basis of an emergency restraining order reported to this blog, which was petitioned against a college girl, in or just out of her teens, by her female counselor. The girl and her mom had a weekend to prepare her defense, and she wasn’t fully exonerated of her accuser’s litany of “terror-inspiring misconduct” (which included the girl’s greeting her accuser a few times in chance public encounters in a town of 2,000 residents and seeing her at church).

False allegations of sexual harassment? “He‘s repeatedly told me he wants me to [X] him” or “She keeps propositioning me”—try disproving allegations like these, which may be much more explicit and include claims of physical molestation. The consequences, if it’s necessary to enumerate them, could include termination of employment, marital dissolution, peer or social isolation, and the emotional and thus physical decay that accompany each or all. False claims like these, which take mere seconds to articulate, may never be recovered from.

For making such false allegations to the authorities and courts, there are no consequences, except to their victims. There are statutory penalties on the books for making false claims (committing perjury), but they’re rarely if ever enforced and couldn’t be enforced consistently within governmental budgetary constraints, so commonplace is lying. Are such false claims going to end up in some statistical database? Of course not. Ask an honest district attorney, though, why lying isn’t prosecuted, and s/he’ll tell you it’s because lying is an everyday occurrence.

This is the invisible irony that escapes everyone who tackles consideration of rates of false allegations: the fact that lying isn’t prosecuted is the indicator of its rampancy (prosecution of frauds on the police and courts would overwhelm the system). And because lying isn’t prosecuted, it’s in the interest of maintaining the dignity of the legal system and the semblance of just and orderly process that judges not acknowledge even flagrant lies as such. To acknowledge them in all their plenitude, yet not punish them, would be to call into question the legitimacy of the system itself. Restraining order frauds, moreover, may be rewarded with favorable verdicts in spite of lies, making the concealment of those lies by judges that much more urgent.

Society has been conditioned, in the decades since the advent of the restraining order, to be hyper-vigilant and -reactive toward allegations of domestic violence, stalking, and sexual harassment—behaviors associated with male abuse of women, which the restraining order was conceived to curb, if not remedy. These offenses are ones to which the population has been vigorously, even coercively, sensitized. The justice system is consequently poised to descend upon those accused of such behaviors (including women), as is the public poised to believe allegations of such behaviors to be true, especially when validated by the courts.

False accusers are certainly aware of these prejudices and may easily exploit them—and should hardly be expected not to. Agents of the system may, in fact, goad them on, even while salting the wounds of those who report that they’re victims of false allegations by telling them they have no legal recourse (which, practically speaking, they don’t). Judges, furthermore, may scourge such victims in the courtroom based on allegations that their accusers leveled in one-sided, five- or 10-minute auditions.

To recap: Liars aren’t prosecuted, so lies aren’t acknowledged as lies, but the civil procedure that’s most eagerly and impulsively abused by liars, the restraining order process,  is supremely lax, instantly gratifying, and universally promoted. This procedure, what’s more, indelibly fouls a falsely accused defendant’s public record; may deny him or her entitlement to home, children, and property; and may cost him or her, besides, employment and employability in his or her chosen field of endeavor.

If this weren’t infernal enough, the outrage and misery expressed by victims who’ve found themselves in the eye of this perfect storm of unreason, some of whom are left impoverished of everything that gave their lives meaning, are credibly denounced or even mocked as crackpot.

Copyright © 2014 RestrainingOrderAbuse.com

Claiming Fear and Harassment to Terrorize and Harass: How to Deal with Serial Restraining Order Abuse

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“Can anything be done when someone constantly gets TROs [temporary restraining orders] falsely…?”

—Search term leading to this blog

This conduct is properly labeled harassment and stalking, and (absurdly) deterrence of this conduct is properly achieved by applying to the court for a restraining order.

The court may be resistant to acknowledging that this sort of thing happens, but it’s in fact a wonder that it doesn’t happen on a larger scale. Restraining orders are free and easily got by claims of apprehension or by outright and calculated fraud, including false allegations of dismaying specificity or even manufactured evidence. (You can’t make this stuff up: I remember reading several years ago of a false accuser’s situating a chainsaw in her driveway and then summoning police to photograph the tableau, which she represented as a “warning” from an ex—vivid, indeed.)

Victims of serial restraining order petitioners must be assertive and present their cases reasonably. Harassment is, by definition, behavior that’s intended to disturb, disrupt, and wear down, and that’s repeated over time. As easy as it is for a crank or a sociopath to continuously obtain restraining orders, it nevertheless represents a very deliberate and sustained course of action that’s furthermore clearly evident of fixation (i.e., stalking).

Provided that a separate case is opened by the victim who alleges chronic harassment by restraining orders, the fact that his or her abuser applied for restraining orders against him or her first isn’t an obstacle.

Essential is showing a pattern of deviant and repetitively malicious misconduct.

Short of applying for a restraining order to arrest this misconduct, the value of which is to discredit false allegations a malicious accuser may make in the future, a victim’s only “easy” remedy is to relocate beyond a false accuser’s reach. Restraining orders may still be issued but cannot be served.

(Yes, dealing with these obscenities forces people to completely uproot their lives.)

Filing a lawsuit is always an option, but it’s never one easily realized, and a successful prosecution is very demanding and stressful, and is only reliably accomplished with the aid of an attorney, making it very expensive besides.

I live in the formerly Wild West. One brush with a nut who exploits the system this way makes you yearn for the lawless days when you could call someone into the street and settle a dispute with an expeditious showdown…and then grab a slice of pie at the diner while the undertaker tidied up.

Copyright © 2014 RestrainingOrderAbuse.com

Why Women Are Abused by the Restraining Order Process So Easily

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People—brothers, sisters, mothers, fathers, friends, lovers, spouses, exes, and strangers—abuse women with false restraining orders for the same reason rapists abuse women: because they can. And the reason why women are so easily abused by malicious prosecutors is that the restraining order process is the bowling alley of jurisprudence.

Set ‘em up, knock ‘em down.

Women are abused by restraining orders, because restraining order policy is lax and prejudiced in favor of applicants. Why? Because women are abused.

Sound circular? It is. The social push to address violations against women, agitated by galvanic denunciations of “rape culture” and domestic violence, has unwittingly contributed to violations against women.

Rape and domestic violence happen. There’s no question about it. There’s likewise no question that their effects may be damaging beyond either qualification or quantification.

The overwhelming majority of rapes represent sexual violence against women by men. Social perception to the contrary notwithstanding, however, victims of domestic violence may be of either gender, and the ratio is nearly 50-50.

Perception is the operative word here, and perception is the preeminent concern of this blog, because it’s what informs the bias for plaintiffs and against defendants (of both genders) that’s customary to the restraining order process.

The precedent for this bias reaches back three decades to the institution of the process as a deterrent to domestic violence against women, and the influence exerted by second-wave feminists since has only reinforced the bias to the extent that anyone who’s accused on a restraining order, male or female, is considered guilty, ipso facto.

To assert guilt, in a majority of cases, is to “prove” guilt.

Beyond satisfying social expectations, the court must satisfy its ethical obligation, so guilt is presumed not just of male defendants on restraining orders but of all defendants on restraining orders (to make the process “fair”).

A significant number, if not the majority, of respondents to this blog who report being the victims of false allegations on restraining orders—particularly the ones who detail their stories at length—are women. This doesn’t mean that women, who represent less than 20% of restraining order defendants, are more commonly the victims of false allegations. It’s indicative, rather, of women’s disposition to socially connect and express their pain, indignity, and outrage. (Women, furthermore, aren’t perceived as dangerous and deviant, so they feel less insecure about publicly declaiming their innocence; they have the greater expectation of being believed and receiving sympathy.)

The irony is that it’s this same disposition, the disposition to engage with others and ventilate suffering, that has given feminist propaganda such emotive force, force that has spawned the prejudices endemic to the restraining order process that have trashed these women’s lives.

The metaphor that inevitably presents itself to the writer who contemplates restraining order injustice is the knot, and I’ve used it more than once.

Abuse of restraining orders, which originate with gender loyalty, is sustained by gender loyalty. Who do women who’ve been abused by male restraining order plaintiffs resent? Men. Who do the feminist advocates for restraining orders resent? Men. Who makes it so easy for restraining order plaintiffs to total the lives of female victims of false allegations (including mothers and grandmothers), possibly leaving them destitute besides psychologically shattered? Women.

This is the vicious circle of misattributed blame that has preserved an unjust process from scrutiny and reform.

And this discussion circles back on itself by reintroducing perception as the ultimate culprit.

Victims of restraining order abuse only recognize the immediate causes of their torment: the scabby liars who falsely accused them and the cruel, careless, or clueless judges who validated their false accusers’ lies.

The invisible, germinal cause of that torment is the demonization of men as rapists and batterers. The restraining order process is both fueled and funded by this perception, and until this perception is more actively challenged by women, particularly by women who’ve been victimized by its effects on public policy, the self-perpetuating cycle of grief will grind on.

Copyright © 2014 RestrainingOrderAbuse.com

J’accuse: On Wikipedia and Restraining Order Abuse

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“Testilying is a portmanteau of testify and lying. Defendants who embellish their own testimony, particularly when no evidence contradicts them, can…be said to be testilying.”

—Wikipedia

I’ve highlighted this coinage because it’s a clever and colorful one. What it’s drawn my attention to is that while Wikipedia, the universal go-to source for information or corroboration, has entries on “Perjury,” “Abuse of process,” “Malicious prosecution,” “False accusation,” “False allegation of child sexual abuse,” “False accusation of rape,” “False evidence,” “Scapegoating,” “Miscarriage of justice,” “Legal abuse,” and “Restraining order,” an entry on restraining order abuse or false allegations on restraining orders is conspicuously absent.

And bump-bump-bum there used to be one.

I’ve resisted joining the conspiracy crowd, because I haven’t frankly detected any intelligence in the administration of restraining orders that would suggest the existence of some sinister, overarching plot. Glad-handing, cronyism, money motives, power mania, and rote automation, yes. Evil ingenuity, no (except in the trenches).

When you perceive a conspicuous absence like this, though, you have to wonder just how nonpartisan and free-ranging Wikipedia really is.

The page that used to be up was discounted as lacking a meritorious basis and not representing a topic of broad social interest (“No indication that this article…covers a notable and/or neutral topic”). It was brief, to be sure, but certainly could have been developed, and my understanding of how Wikipedia works is that pages are fleshed out and refined by the cooperative efforts of various contributors. Since e-How recognizes that restraining order allegations are falsified and offers tutorials on how to combat false restraining orders, move for their vacation and expungement, etc., Wikipedia’s recusancy is curious.

Certainly there are any number of Wikipedia pages devoted to topics of interest to a highly select few. I’m sure I could learn all about the author of some obscure cookbook if I wished. Or a B-movie actress, manga villain, or obsolete gadget.

No topic defies neutral qualification, and since Wikipedia’s own “Restraining order” page recognizes that restraining orders are widely claimed to be misused, and since restraining orders are furthermore issued against millions of people every year across the globe, restraining order abuse can hardly be dismissed as a trivial topic or one unworthy of attention and elucidation. That’s its being disregarded owes to avoidance of a sensitive subject is a more credible explanation.

If Wikipedia has a page on cannibalism—and I’m sure it does—a page devoted to restraining order abuse is palpably overdue.

Copyright © 2014 RestrainingOrderAbuse.com

Diving into the Shallow End: What It Takes to Disprove and Recover Damages for a Restraining Order Based on Fraud

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Many restraining order recipients are brought to this site wondering how to recover damages for false allegations and the torments and losses that result from them. Not only is perjury (lying to the court) never prosecuted; it’s never explicitly acknowledged. The question arises whether false accusers ever get their just deserts.

It turns out it does happen sometimes. Or has at least once. Kinda.

A news story I came across the other day exemplifies how extreme false allegations must be, how vigorously they must be confuted, and how prominently their victim must stand out from the crowd for a judge to sit up and take notice.

The story concerned a woman’s being ordered to pay her former boyfriend over $55,000 after she “falsely accused him of raping and brutalizing her…during a child-custody dispute.” She had applied for a permanent restraining order against him alleging that he “perpetrated a horrific physical attack.” Her specific allegations to the police and court were that he “knocked her unconscious,” “dragged her in the house,” “sexually assaulted her,” and “burned her with matches and committed other violence.”

The boyfriend was arrested and held without bail for three months before a judge dismissed the charges. To regain his liberty, the man had to hire (besides an attorney, of course) a private investigator, who turned up “10 witnesses who were ready to testify that they saw [him] in other locations at the time of the alleged attack.”

According to his lawyer, he would otherwise have “faced the possibility of five life sentences in prison as a result of [his girlfriend’s] criminal complaint.” The money he was awarded was for legal and travel expenses. Although the lawyer informed the district attorney’s office that she had evidence the girlfriend had committed perjury, the woman wasn’t prosecuted. She had accused her boyfriend of breaking her shoulder during his alleged assault, but, the lawyer said, “her medical records reveal that she broke her shoulder diving into the shallow end of a swimming pool.”

The news story goes on to report that the boyfriend was pursuing a malicious prosecution lawsuit against his accuser, with whom he shares a son, alleging false imprisonment, abuse of process, and infliction of emotional distress.

While the recognition this man received for his suffering may surprise readers who’ve also been victimized by false allegations only to be subjected to further ridicule and disparagement from the court for resisting a bum rap, the fact that this rare recipient of quasi-justice is the senior vice president of a bank won’t be surprising at all.

Copyright © 2014 RestrainingOrderAbuse.com

The Word for Restraining Order Abuse is FRAUD

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So complacent toward lying have judges become that restraining order fraud goes over without raising an eyebrow. I’ve known one judge to scoff at the use of the word perjury on reflex, despite being ignorant of the facts he’d been called upon to adjudicate. And, though careless, he wasn’t a dim man.

Perjury, a felony crime, is the false (i.e., fraudulent) representation of a material fact to a judge (including on a sworn document like a restraining order application). A material fact is one that’s likely to influence a judicial decision. To falsely allege you’ve been sexually harassed or assaulted, for instance, is to commit perjury. Perjury is a word all defendants who’ve been falsely accused should know. Chances are they’re victims of more than one materially factual misrepresentation to the court.

The phrase restraining order fraud, too, needs to gain more popular currency, and I encourage anyone who’s been victimized by false allegations to employ it. Fraud in its most general sense is willful misrepresentation intended to mislead for the purpose of realizing some source of gratification. As fraud is generally understood in law, that gratification is monetary. It may, however, derive from any number of alternative sources, including attention and revenge, two common motives for restraining order abuse. The goal of fraud on the courts is success (toward gaining, for example, attention or revenge).

People who are victimized by the restraining order process are rarely students of law and often have had no prior exposure to legal procedure whatever. Words like perjury and fraud, while possibly familiar from having been heard in TV courtroom dramas or read in novels, are mostly alien concepts to the uninitiated. Restraining order recipients have mere days to prepare a defense—if they know they can contest an order of the court at all—and it’s unlikely that they’ll have concepts like these at their command. (I’m a student of words, and it took a lawyer’s familiarizing me with the significance of these two, among others, for me to gain a reasonably firm grasp of their meaning—and this was years after my own day in court. I was a practicing kids’ poet, and words like these weren’t ones I’d ever had call to use. And I’d prefer I were still ignorant of them today.)

Fraud isn’t commonly applied to restraining order abuse (itself an uncommonly used phrase), and it certainly should be, because the restraining order process is assuredly the most common motivator of frauds on the court. This process is usually employed impulsively, is free, and is completed in a matter of moments. Those motivated to use it maliciously—and they’re legion—typically do so in the throes of spiteful passion. They say whatever they believe they need to to achieve their desired ends.

However lacking their stories may be of scrupulous premeditation, though, they’re nevertheless frauds. And they nevertheless work.

The reason for the court’s failure to perceive restraining order fraud derives from its failure to perceive how damaging false allegations are to defendants. Judges aren’t likely to associate fraud with restraining order allegations, believing the term more aptly applied to cases that inflict “real” harm. Restraining order fraud, even when it doesn’t cost a defendant access to his or her home, property, and children, does real harm: anxiety, gnawing outrage, despondency, and depression, which may predictably lead to insomnia, deterioration of health, loss of productivity, and behavioral changes, and may conceivably induce drug or alcohol abuse and homicidal or suicidal ideation. Defendants may lose jobs or job opportunities. They may end up homeless. And these consequences ignore those inflicted on peripheral parties like children, who may also be lastingly traumatized.

The judicial disconnect between restraining order and harm is one defendants against false restraining orders must endeavor to bridge, because even a judge who’s nobody’s fool isn’t likely to get there on his or her own. The restraining order process is virtually automated. Judges know they don’t have to apply a great deal of diligent attention to particulars and consequently rarely do.

Use of the words perjury and fraud aren’t likely to avail restraining order defendants. Of probable value, though, is understanding them. And of definite value to arousing awareness of restraining order abuse and promoting reform of the restraining order process is leading others to understand them.

Copyright © 2013 RestrainingOrderAbuse.com

Presumed Guilty: On How Restraining Order Laws Enable and Promote Abuse

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I’ve had occasion in the last few months to scrutinize my own state’s (Arizona’s) restraining order statutes, which are a study in prejudice, civil rights compromises, and politically coerced naïvety. Their outdated perspective fails even to acknowledge the possibility of misuse let alone recognize the need for remedial actions to undo it.

Restraining orders are issued upon presumptive conclusions (conclusions made without judges ever even knowing who recipients are—to the judges, recipients are just names inked on boilerplate forms), and the laws that authorize these presumptive conclusions likewise presume that restraining order applicants’ motives and allegations are legitimate, that is, that they’re not lying or otherwise acting with malicious intent.

That, you might note, is a lot of presuming.

In criminal law, the state must presume that defendants are innocent; in civil law (restraining orders are civil instruments), defendants may be presumed guilty. What’s outrageous about this with respect to restraining orders is that public allegations made on them may be criminal or criminal in nature, and violations of restraining orders—real or falsely alleged—have criminal consequences. Due process and the presumption of innocence are circumvented entirely; and with these safeguards out of the way, a defendant may be jailed on no valid evidence or for doing something that’s only illegal because a judge issued a restraining order on false grounds that made it so. (A parent who’s under a court-ordered injunction may be jailed, for example, for sending his child a birthday present.)

One of my motives for consulting my state’s restraining order statutes is having absorbed a broad array of stories of restraining order abuse over the past two years. Common themes among these stories are judicial bias; lying and fraud by plaintiffs (applicants); restraining order plaintiffs’ calling, emailing, or texting the people they’ve petitioned restraining orders against (or showing up at their homes or places of work—or following them); and restraining orders’ being serially applied for by plaintiffs whose past orders have been repeatedly dismissed (that is, restraining orders’ being used to harass and torment with impunity).

Those who’ve shared their stories want to know how these abuses are possible and what, if anything, they can do to gain relief from them. The answer to the question of how lies within the laws themselves, which are flawed; the answer to the question of what to do about it may well lie outside of legal bounds entirely, which fact loudly declaims just how terribly flawed those laws are.

Arizona restraining orders are of two sorts, called respectively “injunctions against harassment” and “orders of protection.” They’re defined differently, but the same allegations may be used to obtain either. Most of the excerpted clauses below are drawn directly from Arizona’s protection order statute. Overlap with its sister statute is significant, however, and which order is entered simply depends on whether the plaintiff and defendant are relatives or cohabitants or not.

“[If a court issues an order of protection, the court may do any of the following:] Grant one party the use and exclusive possession of the parties’ residence on a showing that there is reasonable cause to believe that physical harm may otherwise result.”

This means that if your wife/husband or girlfriend/boyfriend alleges you’re dangerous, you may be forcibly evicted from your home (even if you’re the owner of that home). The latitude for satisfying the “reasonable cause” provision is broad and purely discretionary. “Reasonable cause” may be found on nothing more real than the plaintiff’s being persuasive (or having filled out the application right).

“If the other party is accompanied by a law enforcement officer, the other party may return to the residence on one occasion to retrieve belongings.”

This means you can slink back to your house once, with a police officer hovering over your shoulder, to collect a change of socks. Even this opportunity to recover some basic essentials may be denied defendants in other jurisdictions.

“[If a court issues an order of protection, the court may do any of the following:] Restrain the defendant from contacting the plaintiff or other specifically designated persons and from coming near the residence, place of employment or school of the plaintiff or other specifically designated locations or persons on a showing that there is reasonable cause to believe that physical harm may otherwise result.”

This means defendants can be denied access to their children (so-called “specifically designated persons”) based on allegations of danger that may be false.

“[If a court issues an order of protection, the court may do any of the following:] Grant the petitioner the exclusive care, custody or control of any animal that is owned, possessed, leased, kept or held by the petitioner, the respondent or a minor child residing in the residence or household of the petitioner or the respondent, and order the respondent to stay away from the animal and forbid the respondent from taking, transferring, encumbering, concealing, committing an act of cruelty or neglect in violation of section 13-2910 or otherwise disposing of the animal.”

This means defendants can be denied access to the family pet(s), besides.

Note that the linguistic presumption in all of these clauses is that recipients of restraining orders are wife-batterers, child-beaters, and torturers of puppies, and recall that restraining orders are issued without  judges’ even knowing what defendants look like. This is because restraining orders were originally conceived as a deterrent to domestic violence (which, relative to the vast numbers of restraining orders issued each year, is only rarely alleged on them today at all). It’s no wonder then that judicial presumption of defendants’ guilt may be correspondently harsh. Nor is it any wonder that in any number of jurisdictions, an order of protection can be had by a plaintiff’s alleging nothing more substantive than “I’m afraid” (on which basis a judge is authorized to conclude that a defendant is a “credible threat”).

“A peace officer, with or without a warrant, may arrest a person if the peace officer has probable cause to believe that the person has violated section 13-2810 by disobeying or resisting an order that is issued in any jurisdiction in this state pursuant to this section, whether or not such violation occurred in the presence of the officer.”

This means you can be arrested and jailed based on nothing more certain than the plaintiff’s word that a violation of a court order was committed. More than one respondent to this blog has reported being arrested and jailed for a lengthy period on fraudulent allegations. Some, unsurprisingly, have lost their jobs as a consequence (on top of being denied home, money, and property).

“There is no statutory limit on the number of petitions for protective orders that a plaintiff may file.”

This observation, drawn from Arizona’s Domestic Violence Civil Benchbook, means there’s no restriction on the number of restraining orders a single plaintiff may petition, which means a single plaintiff may continuously reapply for restraining orders even upon previous applications’ having been denied.

Renewing already granted orders (which may have been false to begin with) requires no new evidence at all. Reapplying after prior applications have been denied just requires that the grounds for the latest application be different, which is of course no impediment if those grounds are made up. As search terms like this one reveal, the same sort of harassment can be accomplished by false allegations to the police: “boyfriends ex keeps calling police with false allegations.” Unscrupulous plaintiffs can perpetually harass targets of their wrath this way—and do.

No restrictions whatever are placed upon plaintiffs’ actions, which means that they’re free to bait, taunt, entrap, or stalk defendants on restraining orders they’ve successfully petitioned with impunity. And neither false allegations to the police nor false allegations to the courts (felony perjury) are ever prosecuted.

“A fee shall not be charged for filing a petition under this section or for service of process.”

This means the process is entirely free of charge.

Copyright © 2013 RestrainingOrderAbuse.com

“Why Would a Narcissist Put a Restraining Order on You?”

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Questions about the motives of the narcissistic brain like the one that titles this post bring visitors to this blog almost daily (related search terms that have drawn readers here can be found cataloged at the end of this post). Among the blog’s most clicked-on links are those to short essays on the subjects of narcissistic malice and vengeance by Dr. Linda Martinez-Lewi like those I’ve provided in the comments to this page. Dr. Martinez-Lewi is an expert on pathological narcissism (also called narcissistic personality disorder or NPD) who hosts the blog The Narcissist in Your Life. (Investigators into this subject may also find enlightening the writings of Stanton E. Samenow, Ph.D.; Sam Vaknin, Ph.D.; Paul J. Hannig, Ph.D.; and the late and very astute Joanna M. Ashmun.)

Below are some excerpted paragraphs from Dr. Martinez-Lewi’s essays that, contemplated as a series, will lead a person a long way toward an understanding of why malicious abuse of restraining orders to defame, discredit, and demolish targets of their wrath is so attractive to narcissists. (Italics are added.)

Narcissists expect everyone, through their words, gestures, and behaviors to mirror them perfectly. If you fail to do this in their eyes (and they are always looking for imperfection in others not themselves), it causes an unconscious bruise in their brittle egos. Even the smallest mistake or what the narcissist perceives as your mistake will result in the spewing of dark rage. If you do not go along to get along with them perfectly and buck them, you are bumping up against an inflexible, grandiose ego, and there will be hell to pay.

No one says “No” to the narcissist—unless they want to be the recipient of retribution. That is the narcissist’s mindset. These individuals have very rigid personality structures that do not change. They have unbending wills that insist they are always right, that their way is the only one, and…all of those who buck them will be discarded and punished severely. The narcissist plays dirty; [s/he] is a street fighter, a ninja. The narcissist picks the weak spots, the vulnerabilities in his [or her] opponent and knows exactly where and how to turn the screws. We become an opponent of the narcissist when we defy him [or her] and think for ourselves and let him or her know that they can no longer rule our lives. Most people are intimidated by the power and force of the narcissistic personality, especially if this is a person of high professional achievement, financial status, and powerful connections.

There are sociopathic narcissists who will not be satisfied until their “enemy” is completely vanquished—emotionally, psychologically, financially. They seek revenge, not for what has been done to them but what they perceive in a highly deluded way…has been done to them. Narcissists are never wrong—they are incapable of mistakes, because they truly believe that they are perfect. They are capable of persuading even intelligent people that they are the good guy, and their victim is the culprit. With the use of a fake charm, dynamism, [and] sexual wiles, they fool most individuals. A sociopathic narcissist will tear you to shreds….

[N]arcissists or their doubles contact your relatives, in-laws, friends, and anyone who will listen to broadcast blatant lies about your character. This doesn’t happen in all instances, but it is remarkable the lengths these malicious individuals exceed to trash you, putting you at fault and even leading others to believe that you are “crazy.” Even people whom you have trusted…can be flipped to the narcissist’s side, especially if [s/he] has influence where you have lived and deep pockets.

Narcissists never play fair. Narcissists are extreme competitors. Narcissists are very sore losers. When you cross a narcissist in business or your personal life, be prepared for some form of revenge.  Although the narcissist has a full-blown, grandiose ego, beneath the surface [s/he] is subject to narcissistic wounds. His [or her] ego bruises easily. If you beat him [or her] out of a business deal, it is likely that [s/he] will go after you in some way. If you choose to divorce a narcissist, it can go several ways. [S/he] may want to get rid of you and any children you have…and send you out of his [or her] life. In some cases, the narcissist is holding a deep grudge and is determined to collect on what [s/he] knows is his [or hers]. In divorce matters, [s/he] makes outlandish claims and tells outright lies about his [or her] spouse in order to win the battle.

The urge to take revenge runs deeply through the narcissist’s blood. Revenge is as prehistoric as life in the caves. Revenge is an act of retaliation for a perceived wrong or injury—payback time. I have been in contact with many spouses and ex-spouses of narcissists who were shocked by the unrelenting force of their former partner’s revenge tactics. During a divorce from a narcissistic partner, plans for revenge are hatched and played out. One classic ploy is the narcissist’s bullying tactics as [s/he] convincingly threatens to take you down financially and psychologically. Even after the divorce is final, the narcissist continues the Hundred Year War. Many narcissists cannot let go, not because they have ever loved their previous spouse, but for purposes of psychologically destroying the previous partner. Rumor campaigns are ignited to ruin the reputation and social standing of the previous spouse. Threats are made to change custodial agreements, not because the narcissist feels compelled to have more involvement in his [or her] children’s lives but to shake the cage of the ex-spouse. One of the most potent ploys of the narcissist is playing the victim role. When he or she has torn his [or her] ex-spouse’s life to bits for decades, [s/he] makes a quick switch, becoming the recipient of psychological and emotional pain not the narcissistic perpetrator.

Narcissists know how to manipulate their way out of trouble—even if there are serious ethical violations or illegal activities involved. Some narcissists finally tumble, and we watch them finally get their due and pay the consequences. This doesn’t happen often. If you are waiting for your ex-narcissistic husband or wife to be brought down due to his cruel, manipulative, and devastating behaviors toward his family, don’t hold your breath. We cannot put our faith even in the courts to obtain justice. Narcissists find clever ways around legal issues. If they have large sums of money at their disposal, there are situations in which they manipulate the outcome of legal proceedings. I know of cases in which a narcissistic spouse ended up wresting custody control from the other partner.

Dr. Martinez-Lewi’s therapeutic orientation is toward narcissists’ spouses and family members, but her revelations of basic narcissistic motives and tactics are applicable to the situation of anyone who runs afoul of a narcissist, irrespective of how intimate their relationship.

Though this advice of Dr. Martinez-Lewi’s is directed toward soon-to-be ex-spouses, its gist should be taken to heart by anyone in a legal contest with a narcissist: “[B]e sure you hire an attorney who is not only an expert in family law but who is exceedingly savvy about the ruses, tricks, and ploys of the narcissistic personality disorder. Your attorney needs to be highly professional but fearless in facing this relentless, cruel, and destructive individual. An excellent attorney in these situations must be like ultra-marathon runners. Regardless of any obstacle placed in front of them by the narcissist, they are undaunted. Their perseverance is golden.”

There are no depths to which a narcissist won’t stoop to injure the target of his or her wrath. A narcissist will lie to your face about things you did together, so expect him or her to have no compunction at all about lying to anyone else about you, including friends, associates, authorities, and officers of the court.

Because judges of restraining order applications are inclined to presume a plaintiff is telling the truth, they’re readily duped by narcissists, who not only lie glibly and persuasively but with a cold-bloodedness nothing shy of fiendish.

Copyright © 2013 RestrainingOrderAbuse.com

Restraining Orders and Bureaucracy Don’t Mix

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Restraining orders were designed to be easily obtained so that at-risk women could quickly and conveniently gain relief from dicey situations.

Conceptually, the motive behind their legislative enactment is pretty hard to fault.

Common sense, however, should warn us (and should have warned lawmakers from the start) that a government process that’s quick and convenient is one that’s going to be abused.

And when there’s money to be made from that process, moreover—in this case by everyone from attorneys, police departments, and courts to social workers, feminist advocacy groups, and psychotherapists—it’s one to be doubly dubious of.

Over the three decades since restraining orders were instituted, both their breadth of applicability and punitive force have steadily magnified.

If the standards that determine when a restraining order is warranted have changed at all, however, those standards have only slackened.

Practice has outstripped principle.

Restraining orders may now be issued to arrest any minor conflict—including, for example, Facebook annoyances—but still retain their original implications: violence, predatory stalking, and other extreme misconduct.

Even the paper applications remain the same. Restraining orders are one-size-fits-all documents.

And their residue never just evaporates. Restraining order recipients may be denied employment even years later, because the issuance of these instruments remains a matter of public record. They may even be recorded in registries for convenient public access. Some job applications, what is more, explicitly ask if a potential employee has “been the subject of a restraining order.” Doctrinaire advocates of restraining orders still perpetuate the illusion that they’re only issued to domestic abusers and other social malefactors, so the public presumption is that if you’ve received a restraining order, you’re a batterer, stalker, or some other form of sexual or criminal deviant—and clearly not a great candidate for employment anywhere. Nor a great candidate, for that matter, to adopt a child or share someone else’s life.

The law applies a double-standard. On the one hand, it regards restraining orders as civil misdemeanors and no big deal. Recipients of restraining orders are supposed to mind them for their duration and then shrug them off: c’est la vie. On the other hand, it won’t hesitate to judge a person for his or her having received a restraining order, and may regard and treat a restraining order recipient like a criminal.

As one respondent to this blog points out, the safeguards against criminalizing someone unjustly have been entirely circumvented:

Before these restraining order injunctions came about, it was up to the police and the district attorney to move forth prosecution. The police investigate crimes, and the district attorney helps prosecute crimes. If something did not appear to be severe, deserving punishment, and a problem to society or its individuals, it was brushed off.

In comes restraining orders.

Yes, restraining orders can help an individual develop criminal allegations against another individual in civil court. However, a judge generally has the power to rule over simple things, such as harassment, whereby a bench trial can occur. Many other things, such as assault, are criminal allegations, whereby a person is granted a right to a jury.

It is the right to a jury that has become degenerated throughout these proceedings. As such, members of society have been allowed to attack one another without any observation of a “reasonable person” standard. The judge, no longer impartial, becomes the reasonable person.

Restraining order legislation all but automates the process of saddling a person indefinitely with criminal imputations that are legitimated by a judge based solely on a brief interview with the restraining order applicant alone and that need never be proven at all, let alone to a jury of the restraining order recipient’s peers.

Restraining orders have made determining who’s a criminal and who isn’t a completely bureaucratic process. What should demand extreme deliberation has become an arbitrary call.

Copyright © 2013 RestrainingOrderAbuse.com

“Why Would Someone Get a False Restraining Order?”

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This question pops up a lot.

Simply rephrasing it can dispel some of the wonderment: “What would someone have to gain by falsely accusing someone else of conduct society condemns?”

Satisfaction of a spiteful impulse might come to mind.

I remember looking at a book once by a guy named Hayduke. It was chock full of ingenious vengeance schemes—pretty much all of them criminal or bordering on it. Lying on a restraining order to sate a hurtful yen, while technically criminal, is never treated as such and may well succeed in criminalizing the target of that yen.

Common allegations on restraining orders are harassment, stalking, danger, and violence. Any of these—and especially the last—can doom a person’s employment or professional aspirations, tear relationships apart, and gnaw at and vex the innocently accused indefinitely (to his or her physical and psychological erosion). Allegations like this from a domestic partner can deprive the same victim of assets and access to loved ones. The use of fraudulent restraining orders to gain the upper hand in child custody battles is pretty much cliché.

And restraining orders don’t just vanish from public record when the expire. In some regions, there are even restraining order registries to make finding out who’s had a restraining order sworn out against him or her conveniently (and alluringly) accessible by the public. The political push is toward making such registries universal.

It’s possible that the question, “Why would someone get a false restraining order?” is prompted by a disbelief that a person could be so unethical. Such a disbelief betrays the questioner’s naivety.

People frame people for crimes or commit crimes to hurt others every day. Abusing restraining orders is just more fail-safe. Perjury (lying in court or on a sworn statement) is never prosecuted, and restraining orders are generally free for the asking. You get the state to exercise your malice for you, it costs you nothing, and everyone extends you their sympathies.

The worst that happens when someone lies to obtain a restraining order is that it’s overturned on appeal. And even if it’s quashed, the recipient of the fraudulent restraining order will have been put through hell (and possibly cost several thousands of dollars in attorney fees). In fact succeeding in having a restraining order vacated (canceled) doesn’t necessarily mean it disappears from public record. Even if a fraud loses, s/he wins.

Clearly then the answer to the question, “Why would someone get a false restraining order?” is “Why not?”

Copyright © 2013 RestrainingOrderAbuse.com

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Coercing Coercion: State Abuses of the Restraining Order Process

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I was emailed yesterday by a humbly polite man whose family was under threat of eviction from their state-subsidized living quarters if his wife refused to swear out a restraining order against him. He admits to a criminal past but says he’s engaged in no recent conduct that would warrant this invasive action. Nevertheless his inaccessibility to legal representation and his family’s being in dire financial straits make his wife’s “choice” inevitable: either he lives in a refrigerator box on the streets or he shares one with his wife and children.

Browsing the Internet brings up similar accounts of coercion by government agents (of a process that is itself inherently coercive: “Do what we say or live in a cage”):

coercion, restraining order, restraining orders

coercion, restraining order, restraining orders, CPS

And these stories are echoed by others that have led visitors to this blog over the past year.

So unregulated and debauched is the restraining order process that even agents of the state abuse it without worry of censure or reprisal. Its manipulation has become standard operating procedure and is both systemic and systematic. There are even secret passwords to cue judges as to how they should rule on restraining order applications: “Just say you’re ‘in fear of immediate danger’”—wink, wink.

These are the cynical conspiracies of those who know they have the power and can abuse it arbitrarily. Public perception of restraining orders is that they’re indispensably vital to checking the misconduct of “bad guys.” The propagandists who maintain this duck blind—feminist advocates, for example—are often true believers who militate for even broader court discretion and laxer standards of due process, ignoring the truism that absolute power corrupts absolutely. And lawmakers and administrators yield to popular sentiment.

As for the kids who are either left fatherless or are tossed to the curb or fostered out—they don’t vote, anyway.

Copyright © 2013 RestrainingOrderAbuse.com

“a restraining order ruined my life”: A Partial Catalog of Search Engine Queries Leading to This Blog on a Single Day

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The 148 search engine terms that appear below—at least one to two dozen of which concern false allegations—are ones that brought readers to this blog between the hours of 12 a.m. and 7:21 p.m. yesterday (and don’t include an additional 49 “unknown search terms”).

Were it the case that only 12 of the thousands of restraining orders issued on a given day were based on false allegations, the number of fraudulent restraining orders generated by our courts in a single year would be 4,380 (the recipients of which may have to live, for example, with false allegations of stalking or domestic violence on their public records, and may besides have been forcibly evicted from their homes, possibly at gunpoint). This absurdly conservative casualty toll of restraining order abuse ignores lives peripherally affected by it, including those of spouses, boy- and girlfriends, and children and other family members.

It’s in fact estimated by extrapolation from government studies that a majority of the two to three million restraining orders issued each year are either “unnecessary” (that is, frivolous) or grounded on trumped-up allegations. Statistics concerning restraining orders (for example, the number of them that are thrown out on appeal, often at a cost of thousands of dollars to their defendants) either aren’t compiled or aren’t made readily available to the public by our judicial system—nor is there any way of determining the incident rates of depression, stress-related injury and disease, alcoholism and drug abuse, job and income loss, suicide or premature death, etc. linked to restraining order abuse.

The number of plaintiffs prosecuted for committing felony perjury to obtain restraining orders is zero.

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  • how do you get a restraining order in arkansas against my daughters boyfriend
  • can employers find out about restraining order
  • can i sue someone for a false order of protection
  • can i lay charges against someone who says im having aids?
  • what if i’m threatened with libel and slander
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  • can i report someone breaking restraining order even if its not against me
  • if someone files a says they police report against you saying you hit someone
  • can a person get a false restraining order
  • is telling someone’s boyfriend that he can do better than his present girlfriend a defamation of character
  • what to write on removing a restraining order
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  • how to vacate a protection order in massachusetts
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  • how to cancel injunction for self but keep kids on?
  • canmy ex husband get a restraining order to stop me sending letters to my kids
  • are az injunction against harassment ever thrown out on appeal
  • can my husband file a restraining order without cause in california
  • can you file a restraining order against someone who has posted a video of you
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  • what if a person files a false tro in california
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  • vacating restraining order when alleged victin is incarcerated
  • how much trouble for braking protection order
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  • what possibility could happen if the judge findss out allegations of harrassing are false accusation
  • if someone keeps taking communictain threats warrants out on me and dropping them is that slander
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  • person using dishonest restraining order to intimidate
  • is my husband post new pictures online and then put the disclaimer that i can’t copy them will it be illegal for me to copy them
  • can they file a restraining order for making phone call
  • which is the hr theory where one is defending oneself just because he is telling other do the same and no action it taken against him
  • what to say on a restraining order to get it dropped
  • can a email someone with a settlement offer if i have a tro
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  • nm law on appealing an order of protection
  • npd father won’t accept no contact keeps calling to my house
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  • how much will an attorney cost me to represent me in a restraining order hearing
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  • can a police officer work in a town if someone has a restraining order
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  • will police pursue criminal charges based on a restraining order
  • if i have a hearing in court for a temporary restraining order can i go in and see the judge early
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  • when the mother of a child file a restraining order and is lying
  • defamation of character and wrongful dismissal because of spousal dispute
  • penalty for lying on a restraining order
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