WTF Is Wrong with Restraining Orders and the People Who Administer Them?

There are a lot of things about restraining order laws and policies that elicit (and deserve) this reaction: “What the f—?

Defendants’ due process rights are suspended; orders are issued without defendants’ even knowing it, let alone being permitted to respond before possibly being forcibly evicted from their homes; testimony from accusers is accepted at face value (and may even be given under an assumed name); citizens may be accused by strangers who live in different states from them; judges have been conditioned to be suspect of the accused and trusting of accusers; the evidentiary standard applied to allegations that are typically of criminal acts is the lowest civil standard; the fundamental right to cross-examine accusers and other witnesses is often short-circuited and may be outright denied; false accusations aren’t sanctioned (or ever called “false”) and the falsely accused can’t sue for perjury; hearings to finalize orders may begin and end in mere minutes; viable grounds for appeal to a higher court are precious few, and false accusation isn’t among them; even if restraining orders are dismissed, they’re preserved in the public record and cannot be expunged…. I could go on.

A different inspiration for “WTF” is indiscrimination by officers of the court.

There is room for the inclusion of basic intuition and eyeball evidence in judicial decisions. Yet I couldn’t tell you how many times a woman has complained on this site of being falsely accused of abuse by a man who was twice her size (and who was violent to her). Sure, there are men who are harassed and violently abused by women. There absolutely are. But often the same men who are reluctant to defend themselves are reluctant to take their complaints to the court, because that, too, would be “ungentlemanly” or “unchivalrous” (besides humiliating). When a large, confident man accuses a woman half his size of vague, wishy-washy, or sketchy abuses, and especially when ulterior motives like custody of the kids and/or possession of a shared residence lurk in the background, a degree of suspicion is warranted.

monstrousSimilarly, if a woman accusing a man of stalking looks like someone whose best opportunity for attention is accusing a man of stalking, a little ding! should sound in the minds of the people vetting the claim. There are women who are “to die for” (hubba-hubba), and there are women who are “to croak for” (ribbet). How about some discernment?

It may be politically incorrect to judge according to surfaces—hell, it may be unethical—but the whole process is guided by superficialities like, for example, sex: The number of orders issued against men is grossly disproportionate to the number issued against women. So what does ethics have to do with anything? Testimony by the accused is routinely rejected on no more evident basis than that it’s testimony from people who’ve been prejudged to be “abusers” (whose accusers, incidentally, are automatically called “victims”). So the “ethical scruples” argument is DOA.

I’ve heard from a vegetarian single mom, disabled women (here is post based on a petition respondent’s report), and men who’ve been violently abused and shamed by their wives only to be falsely accused of violence. I’ve heard from a little league umpire who was just doing his job. The number of accounts I’ve heard from lucid, articulate, educated men who’ve been casually accused of abuse, including violence to children, is obscene. Here is one such by a man who was falsely accused of burning and kidnapping his son.

Some respondents to this blog have been women in their seventh and eighth decades of life who were accused by “fearful” complainants who didn’t share a household with them and could outrun them on one leg. One says she’s consequently suffered PTSD and has been afraid to leave her house. The only just accusations against women this age I’ve heard about have come after the women accused first—and falsely and repeatedly. One female respondent in her 60s, living alone—the model of feminist self-sufficiency—was driven from her home by persistent accusations from a cranky (female) neighbor to everyone from the police, the court, and PETA. I haven’t heard from her since.

A retired man I communicate with regularly is in his 70s and has a crippled spine and three toy poodles. No slight to his virility is intended but…three toy poodles. He was accused relentlessly by his (yep, cranky female) neighbor (who’s hardly among the hubba-hubba demographic) of stalking, cyber-stalking, harassment, and various “threats” (like inciting invisible hound dogs to bay at her) until years later he finally inspired a judge to chew her a new one. By that time, he’d been jailed and had a cop point her sidearm at him through the front door of his house. His mugshot is on the Internet, and public records nominating him a menace number in the dozens. He’ll have to live with the onus of this sh— for the rest of his life (which will probably be shorter than it might otherwise have been).

W-T-F.

Copyright © 2016 RestrainingOrderAbuse.com

*The writer of this post is a lifelong vegetarian who had been a practicing kids’ poet when he was first accused 10 years ago by a woman he encountered around his house with a band of her girlfriends. I’ve been in and out of court several times (and for half a year at a time…each time) over the intervening period. Today I face criminal allegations brought by one of the girlfriends—who also petitioned an ex parte court injunction against me in December. Because she could. I haven’t communicated with her in years, but she told police I’ve “stalked” her since 2005. I’m right now learning how to make audio files of voicemails she left me after writing to me in 2012, inviting me to join her for coffee, hugging me, and telling me how sorry she was about the earlier rounds of lies to the court.

“She Said That I Had Been Burning Him Intentionally and That I Had Kidnapped Him”: Aaron’s Story of Restraining Order Abuse

The account below was recently submitted as a comment to BuncyBlawg.com, a site I’ve mentioned in several recent posts. Its administrator, Larry Smith, a former attorney, has been waging a one-man war on corruption excited by his relentless persecution through and by the legal system since 2011.

Aaron’s story is one of a spiteful ex-partner whose false allegations orbit popular themes: fear, emotional torment, stalking, and other (unprovable) crimes and misdemeanors that become more sensational and incriminating over time.

What makes Aaron’s story exceptional is that it has a reasonably happy ending, because the court saw through the lies.

In Aaron’s own words (lightly edited):

In my accuser’s affidavit, she repeatedly used “deathly afraid” and spoke of the medications she was on due to three years of stalking by me, vicious verbal abuse of herself and her family by me, and my stalking her where she works, shops, and lives. She claimed to have video surveillance of me following her into a grocery store. She even claimed to have a police report where I was “caught” sitting behind her home at 10 at night, etc.

She was granted an ex parte restraining order lasting two years.

Of course, none of it was true, none of her evidence existed, and the family that I had supposedly verbally abused didn’t even come to court. There was no police report, nor was there a surveillance video, because I didn’t have time to subpoena it; and had she brought the video, it would’ve shown her following me into the store she knew I was going to be at because I told her I was going to get groceries there at an exchange of our son. Had this video been brought to court, it would’ve conflicted with her affidavit.

On top of all of that, I brought in three copies of 40 pages that had every text message we had sent to each other for the previous two years in chronological conversation format. In these texts, two months prior she was inviting me into her home for “dessert” and asking to borrow money from me. Six months prior, she offered to loan or sell me her other car because I was having mechanical problems with my Jeep. These and other very common things. The texts also contained many instances of very immature ranting and attempts to create animosity and intensify disagreements into arguments, which I never fell for and always just said what needed to be said for our son’s sake. I never cursed or belittled her, though to someone like this the truth hurts.

After several hours, the judge shut the whole thing down, dismissed the order, and gave her a stern lecture. All this and no charge of perjury against her! One week later, she was granted an ex parte OFP on behalf of our then three-year-old son by a different judge in the same county! Same style of affidavit.

She said that I had been burning him intentionally and that I had kidnapped him.

He did have a burn about half the size of a pea on his finger, because he had touched a hot pot on the stove. I didn’t kidnap our son. She didn’t show up to pick him up! Since she was issued an OFP on behalf of our son, she was then afforded the services of a battered women’s and children’s center. She signed me up for psych evals and supervised visitation only with our son. Her instructions to law enforcement in her application were to arrest me for kidnapping and return her son to her.

Once again I proved the entire thing to be a lie. It was dismissed entirely. STILL NO CHARGES FILED AGAINST HER FOR PERJURY! Just stern words from a judge toward her and even a bit directed my way in that the two of us needed “to learn each other’s triggers and steer clear of conflict that needed to be sorted out by the courts”! I had to share custody with her for two more years and attempt to co-parent with her.

Our son is six now, and he lives with me and goes to her every other weekend. I had to use kindergarten as a guise to change our custody agreement. Although I am very thankful the courts named my home as our son’s primary residence, the court’s impotence to prosecute liars and the horrifying parenting that has to take place before they’ll change rights are despicable! I do think it is far worse to be a self-consumed person than to be a target of one, though. Karma is on our side.

This blog definitely gave me great insight into other people’s struggles outside of my own and opened my eyes to some of the types of people who abuse the system. I never could’ve imagined how easy and common it is until it happened.

Copyright © 2015 RestrainingOrderAbuse.com

If You’re Silent, You’re Guilty: Take a Page from the Feminist Playbook and Register Your Complaint

It was impressed upon me by a new mentor—who possesses a much more practical mind than mine—that I don’t want to still be writing about this stuff when I’m old and gray (and that, besides, if I keep trying to “make a difference” by myself, “old and gray” will be just around the corner).

What these statistics reflect is that (1) confusion about restraining orders, if not fraudulent abuse of restraining orders, is epidemic; and (2) complainants of procedural abuses are intimidated into silence. No one wants to own humiliating or demonizing accusations against him or her, even if they’re false. This is, perhaps ironically, why fraudulent abuse of process continues unabated: Too few people talk back, so no one in a position to reform the status quo realizes there’s a problem in need of urgent remedy.

In the week leading up to Friday the 13th, 2015, WordPress reports that over 3,000 people visited this site (a few of them probably the same people on different days, but nevertheless…). Of that 3,000-plus, maybe 20 left comments or responded to petitions this site links to.

Maybe.

To one of the people who did submit a comment, a woman who was charged with assaulting her husband because she inadvertently scratched his arm while she was appealing to him to be nicer to her (during a verbal attack), I remarked that more people need to speak up about what they’ve been put through.

This woman, Izabella, has a restraining order against her, based on “all sorts of allegations,” that she reports her husband got to dominate and control her (to bully her, plain and simple). She says he’s never been an “involved dad” but uses their children now to “blackmail” her, because she had the temerity to “stand up to him.” The kids are pawns in a petty power game.

This is the kind of thing feminists deny happens (and adamantly deny happens to men). They insist restraining orders are there to protect women like Izabella.

Feminists are often wrong but never uncertain.

Their rigid advocacy is actually what makes scenarios like this possible, and for that reason, among others, I seldom find cause to sing their praises (though I’m not closed to the idea). One of their constant refrains, however, that victims will only speak up if they feel confident they’ll be believed, is right (and it’s why restraining orders exist to begin with).

Victims of procedural abuses need to speak up so that others will.

Respondents to this blog don’t need to identify themselves; they don’t even have to provide their email addresses if they don’t want to, though that information isn’t made public and allows them to be notified of others’ responses to their comments. It also lets them have dialogues among themselves.

Provided everyone plays nice, this writer is glad to take a backseat. (He’s been informed that nothing anyone else says is his responsibility, anyway.)

“Outing” yourself isn’t necessary, per se, to motivate change. But the public only understands what it sees and hears. If it sees and hears nothing, then that’s exactly what it will understand.

Copyright © 2015 RestrainingOrderAbuse.com