Browsing All posts tagged under »judicial discretion«

Tell Us a Story: Using Pennsylvania’s Laws to Expose Restraining Order Lawlessness

May 7, 2018

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“The court determines a witness’s credibility and may infer fear based on the witness’s testimony describing the defendant’s actions.” —Karch v. Karch, 885 A.2d 535 (Pa. Super. 2005) Complainants of false allegations and judicial bias in restraining order prosecutions express disbelief that lying in court or forming rulings based on lies can be legal. Some […]

Low and Outside: An Umpire’s Story of Restraining Order Abuse (by an Underhand Screwball)

June 6, 2015

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The common assumption—one that’s been vigorously enforced by advocates of the “abuse industry”—is that restraining orders are used to protect “victims” from “abusers.” So-called abusers are represented as violent husbands or boyfriends, or as stalkers, representations that account for the ubiquity of restraining orders and the ease of their procurement. The man whose story of […]

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

May 9, 2014

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

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

May 6, 2014

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

No Proof Necessary: Why Restraining Orders Are Abused and Why Restraining Orders Exist

May 1, 2014

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The previous post addressed American standards of evidence and observed that with a single exception, the standard that’s applied to restraining order adjudications, “preponderance of the evidence,” is the least demanding. Both the award of restraining orders and their being made “permanent” are at a judge’s discretion. (One of the meanings of discretion is “freedom to […]