Dust It Off: This Isn’t 1979, and It’s Time Restraining Order Laws Were Reconsidered

I remarked to a commenter the other day that when I became a vegetarian in the ’80s, I was still a kid, and my family took it as an affront, which was a common reaction then. Today, everyone’s a vegetarian or “tried vegetarianism” or has “thought about becoming a vegetarian.” Other subjects that were outré or taboo in my childhood like atheism, cross-dressing, and depression—they’re no longer stigmatized, either (in the main). Gay people, who were only whispered about then, can marry in a majority of states. When I was a kid, it was shaming for bra straps or underpants bands to be visible. Today they’re exposed on purpose.

It’s a brave new world.

While domestic violence is no more comfortable a topic of conversation now than it was then, it’s also hardly hush-hush. When restraining orders were conceived, it was unmentionable, and that was the problem. It was impossible for battered women to reliably get help. They faced alienation from their families and even ridicule from the police if they summoned the courage to ask for it. They were trapped.

Restraining orders cut through all of the red tape and made it possible for battered women to go straight to the courthouse to talk one-on-one with a judge and get immediate relief. The intention, at least, was good.

It’s probable, too, that when restraining orders were enacted way back when, their exploitation was minimal. It wouldn’t have occurred to many people to abuse them, just as it wouldn’t have occurred to lawmakers that anyone would take advantage.

This isn’t 1979. Times have changed and with them social perceptions and ethics. Reporting domestic violence isn’t an act of moral apostasy. It’s widely encouraged.

No one has gone back, however, and reconsidered the justice of a procedure of law that omits all safeguards against misuse. Restraining orders circumvent investigation by police and the vetting of accusations by district attorneys. They allow individuals to prosecute allegations all on their own, trusting that those individuals won’t lie about fear or abuse, despite the fact that there are any number of compelling motives to do so, including greed/profit, spite, victim-playing, revenge, mental illness, personality disorder, bullying, blame-shifting, cover-up, infidelity/adultery, blackmail, coercion, citizenship, stalking, and the mere desire for attention.

Restraining orders laws have steadily accreted even as the original (problematic) blueprint has remained unchanged. Claims no longer need to be of domestic violence (though its legal definition has grown so broad as to be virtually all-inclusive, anyway). They can be of harassment, “stalking,” threat, or just inspiring vague unease.

These aren’t claims that are hard to manufacture, and they don’t have to be proved (and there’s no ascertaining the truth of alleged “feelings” or “beliefs,” anyway, just as there’s no defense against them). Due to decades of feminist lobbying, moreover, judges are predisposed to issue restraining orders on little or no more basis than a petitioner’s saying s/he needs one.

What once upon a time made this a worthy compromise of defendants’ constitutionally guaranteed expectation of due process and equitable treatment under the law no longer does. The anticipation of rejection or ridicule that women who reported domestic violence in the ’70s and ’80s faced from police, and which recommended a workaround like the restraining order, is now anachronistic.

Prevailing reflex from authorities has swiveled 180 degrees. If anything, the conditioned reaction to claims of abuse is their eager investigation; it’s compulsory policy.

Laws that authorize restraining order judges, based exclusively on their discretion, to impose sanctions on defendants like registry in public databases that can permanently foul employment prospects, removal from their homes, and denial of access to their kids and property are out of date. Their license has expired.

Besides material privations, defendants against allegations made in brief trips to the courthouse are subjected to humiliation and abuse that’s lastingly traumatic. Making false claims is a simple matter, and offering damning misrepresentations that don’t even depend on lies is simpler yet.

What shouldn’t be possible happens. A lot. Almost as bad is that we make believe it doesn’t.

Just as it was wrong to avert our eyes from domestic violence 30 years ago, it’s wrong to pretend that attempts to curb it since haven’t fostered new forms of taunting, terrorism, and torment that use the state as their agent.

Copyright © 2015 RestrainingOrderAbuse.com

Sex, Restraining Order Abuse, and the “Dark Triad”: Narcissism, Machiavellianism, and Psychopathy

“Socially aversive personality traits such as Psychopathy, Machiavellianism, and Narcissism have been studied intensively in clinical and social psychology. […] Although each of these three constructs may have some unique features not shared by the other two, they do appear to share some common elements such as exploitation, manipulativeness, and a grandiose sense of self-importance. Accordingly, Paulhus and Williams (2002) have called these three constructs the ‘Dark Triad’ of personality….”

Kibeom Lee and Michael C. Ashton

“Members of the Dark Triad tend to be especially untrustworthy in the mating context.”

Daniel N. Jones and Delroy L. Paulhus

Restraining orders are commonly used to sever relationships. The assumption is that the applicant of a restraining order has been the victim of mistreatment. Many who’ve been implicated as abusers, however, report mistreatment by manipulative personalities who then exploited court process to dominate them, garner attention, and/or deflect blame for their own conduct—typically by lying through their teeth.

It turns out there’s a sexy phrase for the collective personality traits exhibited by manipulators of this sort: the “Dark Triad.”

Several of the posts on this blog have discussed personality-disordered and high-conflict people (who may be personality-disordered), and such people are a central focus of the work of attorney, mediator, and therapist Bill Eddy and psychologist Tara Palmatier, whom I’ve frequently quoted and who’ve written volubly about abuses of legal process by predatory personalities. Narcissism and psychopathy, two of the constituents of the Dark Triad, also qualify as “Cluster B” personality disorders.

As should be evident to anyone who’s read up on these matters, there’s a high degree of overlap among attempts to define, differentiate, and distinguish the mentally kinked.

The context in which the phrase Dark Triad is applied is interpersonal relationships that are familiarly called “romantic.” This should be of interest to victims of court process, because their abusers are more often than not current or former spouses, boy- or girlfriends, or intimates.

The concept of the Dark Triad should also be of interest to them because clinical labels may only roughly match their abusers’ conduct, conduct like deception, inexplicable betrayals, irreconcilable (mixed) messages, etc. (behaviors that “don’t make sense”). People who fall within this (subclinical) delta of personality quirks represent their interest and intentions to be sincere, and reveal them, often abruptly, to have been shallow or even sinister.

From “How the Dark Triad Traits Predict Relationship Choices” (Jonason, Luevano, & Adams):

The Dark Triad traits should be associated with preferring casual relationships of one kind or another. Narcissism in particular should be associated with desiring a variety of relationships. Narcissism is the most social of the three, having an approach orientation towards friends (Foster & Trimm, 2008) and an externally validated ‘ego’ (Buffardi & Campbell, 2008). By preferring a range of relationships, narcissists are better suited to reinforce their sense of self. Therefore, although collectively the Dark Triad traits will be correlated with preferring different casual sex relationships, after controlling for the shared variability among the three traits, we expect that narcissism will correlate with preferences for one-night stands and friend[s]-with-benefits.

In contrast, psychopathy may be characterized by an opportunistic, exploitive mating strategy (Figueredo et al., 2006; Jonason et al., 2009b; Mealey, 1995). Booty-call relationships by their very name denote a degree of exploitation. That is, individuals use others—their booty-call partner[s]—for sex by a late night phone call with the expressed or implied purpose of sex (Jonason et al., 2009). Therefore, we expect that after controlling for the shared variability among the three traits, psychopathy will be correlated with preferences for booty-call relationships. Such a relationship may be consistent with their exploitive mating strategy. Last, although prior work has linked Machiavellianism with a short-term mating style (McHoskey, 2001), more sophisticated analyses controlling for the shared correlation with psychopathy has revealed that Machiavellianism might not be central to predicting short-term mating (Jonason et al., 2011). Therefore, we expect Machiavellianism to not be correlated with preferences for any relationships.

What we’re talking about, basically, are people who exploit others for sexual attention and/or satisfaction (that is, players). The common denominator is a disinclination toward or disinterest in what’s called a “meaningful” or “serious” relationship. The motive is noncommittal, urge-driven self-pleasure (assisted masturbation, as it were). Psychologists sometimes remark in writing about narcissists in other contexts that they entertain “romantic fantasies” but conclude that these fantasies are exclusively about personal feelings and not interpersonal anything.

What we’re talking about in the context of abuse of restraining orders are people who exploit others and then exploit legal process as a convenient means to discard them when they’re through (while whitewashing their own behaviors, procuring additional narcissistic supply in the forms of attention and special treatment, and possibly exacting a measure of revenge if they feel they’ve been criticized or contemned).

Since it’s only natural that people with normally constructed minds will struggle to comprehend the motives of those with Dark Triad traits, they conveniently set themselves up for allegations of harassment or stalking, which are easily established with nothing more than some emails or text messages (that may, for example, be pleas for an explanation—or demands for one). People abused by manipulators who then abuse legal process to compound their injuries typically report that they were “confused,” “angry,” and/or “wanted to understand.”

This is the Jonason & Webster “Dirty Dozen” scale for assessing Dark Triad candidacy:

  1. I tend to manipulate others to get my way.
  2. I tend to lack remorse.
  3. I tend to want others to admire me.
  4. I tend to be unconcerned with the morality of my actions.
  5. I have used deceit or lied to get my way.
  6. I tend to be callous or insensitive.
  7. I have used flattery to get my way.
  8. I tend to seek prestige or status.
  9. I tend to be cynical.
  10. I tend to exploit others toward my own end.
  11. I tend to expect special favors from others.
  12. I want others to pay attention to me.

Victims of restraining order abuse by manipulative lovers or “romantic” stalkers will note a number of correspondences with their accusers’ personalities, as well as discern motives for their lying to the police and courts, which elicits special treatment and attention from authority figures…and subsequently every other sucker with whom they share their “ordeal.”

Copyright © 2014 RestrainingOrderAbuse.com

*Some specialist monographs on this subject are here.

Egotists, Narcissists, and Other Self-Seeking Con Artists: On (Restraining Order) Fraud and Its Motives

I came upon a monograph recently that articulates various motives for the commission of fraud, including to bolster an offender’s ego or sense of personal agency, to dominate and/or humiliate his or her victim, to contain a threat to his or her continued goal attainment, or to otherwise exert control over a situation.

These motives will be familiar to anyone who’s been the victim of a fraudulent abuse of legal process and correspond with those of attention- and revenge-seeking restraining order plaintiffs, plaintiffs keen to avoid exposure of extramarital entanglements or otherwise compromising indiscretions or misconduct (such as stalking), and plaintiffs intent upon wresting possession of children and/or property from a partner (and, in one fell swoop, rubbing him or her out).

Excerpted from “The Psychology of Fraud” by Grace Duffield and Peter Grabosky (published by the Australian Institute of Criminology in its Trends and Issues in Crime and Criminal Justice):

“[An] aspect of motivation that may apply to some or all types of fraud is ego/power. This can relate to power over people as well as power over situations. In terms of the former, the sensation of power over another individual or individuals seems to be a strong motivating force for some fraud offenders to the point that it becomes an end in itself. As one confidence man put it:

“‘For myself, I love to make people do what I want them to, I love command. I love to rule people. That’s why I’m a con artist’ (quoted in Blum 1972, p. 46).

“In manipulating and making fools of their victims, some fraud perpetrators seem to take a contemptuous delight in the act itself rather than simply the outcome. As Stotland (1977) points out:

“‘[S]ometimes individuals’ motivation for crime may have originally been relative deprivation, greed, threat to continued goal attainment, and so forth. However, as they found themselves successful at this crime, they began to gain some secondary delight in the knowledge that they are fooling the world, that they are showing their superiority to others’ (pp. 186–7).

“Similar to the sense of superiority over others is the gratification obtained from mastery of a situation.”

Predictably the monograph also touches on narcissistic personality disorder (NPD), one of several personality disorders that lead people to commit frauds on the court, and sketches the dimensions of this cognitive aberration.

“Persons who harbour unrealistic impressions of their own capability, when reinforced by sycophants, lack a reality check and may be more likely to engage in risky behaviour than more grounded or ‘normal’ [types] (Janis 1982).

“This risk-taking would be exacerbated by the indifference to conventional rules of conduct that apply to narcissistic personalities. According to the Diagnostic and Statistical Manual of Mental Disorders, narcissistic personality disorder is a pervasive pattern of grandiosity, a need for admiration and a lack of empathy for others. Individuals with this disorder believe that they are superior, unique, and ‘chosen,’ and they are likely to have inflated views of their own accomplishments and abilities. They focus on how well they are doing in comparison with others, and this can take the form of an excessive need for attention and admiration. A sense of entitlement is evident, and they expect to be given whatever they want regardless of the imposition it places on others. In the workplace, these people tend to overwork others. They demand unquestioning loyalty and are incredulous or infuriated when it is not forthcoming. They are likely to respond angrily to criticism (DSM-IV Task Force 1994, pp. 658–9). Perhaps most relevant to fraud offences is the tendency of the narcissistic personality to usurp special privileges and extra resources that they feel they have an entitlement to, over and above ordinary people. This attitude is captured in the words of Leona Helmsley, a wealthy American subsequently convicted of tax evasion, when she said ‘only the little people pay taxes.’ Due to their ambition, confidence, and ruthlessness in dealing with others, the narcissistic personality may be a high achiever in their chosen field of endeavour.”

This definition bears obvious correspondences with that of the sociopath, another familiar abuser of legal process. Narcissists and sociopaths are statistically rare: 1/100 and 1/25, respectively. If you consider, however, that within a population the size of the United States’ that translates to over 3,000,000 narcissists and over 12,000,000 sociopaths, widespread complaints of fraudulent abuses by these human anomalies are easily credible. They become more credible yet if you further consider that such people, being devoid of moral inhibition, may be far more likely than others to engage in fraud for spiteful or self-serving ends.

Restraining order fraud, which often entails criminal acts like the commission of false reporting and perjury, is commonplace and commonly winked at by the courts. Possibly judges don’t appreciate how attractive and accommodating restraining orders are to frauds. Possibly they don’t appreciate how damaging the consequences of restraining order fraud are to the psyches and fortunes of defendants (among others, for example, defendants’ children). Possibly they don’t recognize how epidemic the problem is. Or possibly…they don’t care.

But should.

Copyright © 2013 RestrainingOrderAbuse.com

[Referenced works in the quoted excerpts above are Deceivers and Deceived by R. H. Blum, “White Collar Criminals” by E. Stotland (published in the Journal of Social Issues), and Groupthink: Psychological Studies of Policy Decisions and Fiascos by I. Janis.]