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

As the story in this post shows, the phrase “America’s Game” has taken on a new meaning.

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 restraining order abuse appears below reports that restraining orders can be obtained by drive-thru in his state (California), like milkshakes and onion rings.

The restraining order against this father and family man was petitioned by his sister-in-law on behalf of her son, his nephew. The man affronted his sister-in-law by umpiring two of her son’s games (his job), contrary to her wishes. That’s the basis of her complaint to the court.

Fighting that complaint has now cost the man and his family some $15,000 (besides money he would have earned as an umpire), and his life’s on hold while he awaits an appellate court ruling that won’t emerge for six to 24 months.

Here’s his story, as he tells it:

I am a victim of restraining order abuse.

At the age of 37, I married the love of my life. It wasn’t until after we were engaged that I found out that most of my wife’s family didn’t like me. This is the foundation of my story.

I am a little league, travel ball, and high school umpire. I umpire because I love the game and to make some additional money on the side. I have been umpiring baseball for close to 25 years without any incident whatsoever, and most reviews of my performance have been complimentary.

When my wife and I were married, we resided in Orange County, California. Our residence was far from the rest of her family, which limited our exposure to her parents and her sisters. My wife has two sisters, one older and one younger. Her elder sister is a lawyer, and her younger sister is a stay-at-home mom.

The eldest sister and her family and I have a great relationship. The problem is with the youngest sister, who is a control freak. She likes to control everything, including how many cups of coffee her husband has a day, and if she’s denied control, she will go to whatever lengths she has to to get it.

Two years or so ago, my wife was offered a job that would move us nearer to the younger sister. This was something that excited my wife, because she loves her family very much and wanted to be closer to her nieces and nephews. When she decided to take the job, she contacted her sister and told her the good news. Her sister was excited and worked with my wife to find a house that was near hers, and she found us a great one.

After moving in, we were visited quite frequently by my wife’s little sister and her family. Every time she visited, however, she pointedly let my wife know about her displeasure with the way we parented our eight-year-old little girl. As a stay-at-home mom whose entire existence revolves around her four kids, she has read every book on parenting and considers herself an expert in child-rearing. I had even caught her entering my house and administering medication to my daughter without our consent, which I firmly put a stop to.

Back to baseball.

After we moved, I enlisted with the local little league to umpire. I worked for a local umpire company that was very pleased with the service I provided to them. It considered me one of its better umpires. One day, I was assigned to umpire one of my wife’s younger sister’s kids’ games. I checked with the league to see if there was an issue and was told no and that it had people umpiring their relatives’ games all the time. Just be neutral, I was told, which I always am.

My wife’s younger sister found out that I was going to be umpiring her son’s game and called my wife to tell her to have me remove myself from the game. When asked why, she stated she just wanted to keep things separate. My wife didn’t understand why and told her to not worry, that I would not show any bias toward her kids and everything would be great. He sister repeated that she just wanted to keep things separate. My wife still didn’t understand why, because her son and I had a great relationship, with no problems at all. At this point, the woman became hysterical and said, “Keep your husband away from my son.” My wife got very upset and hung up on her. After that, we found out that the younger sister called the older sister and asked what she should do to repair things with my wife because she had upset her.

Well, because there was no good reason for my sister-in-law to be upset, and because the umpire company needed me to cover the game, I did. There was no issue with the game, and I received many compliments afterwards. I ended up working another one of my nephew’s games a couple of weeks later, again with no issues. The next week, I got a call from my umpire assignor reporting that my sister-in-law filed a complaint with the league saying her son was “uncomfortable” with my working behind the plate.

At that point, I banned her and her son from visiting my house. This really angered her and inspired her to get back at me.

Meanwhile, my assignor and I got together and agreed I should no longer work any of her kids’ games because she was clearly sick. So I was assigned to other games at the park that didn’t involve her kids.

This wasn’t acceptable to her. She didn’t want me at the fields at all. So she took pictures of me there on the days I was scheduled to work and created a story that involved my hunting and stalking her kids, and affecting their mental well-being.

She went to court and was granted an ex parte restraining order.

When I was served the restraining order, the deputy sheriff told me that he had read it and thought it was the funniest thing he had ever seen. He said he had no idea why it was issued and told me to just stay away from my sister-in-law.

When the time came for me to appear in court to fight the order, I had an attorney and she did not. The judge clearly stated that he would not give her preferential treatment, even so.

This turned out to be completely false.

My attorney laid out a solid case to have the order dismissed, presenting facts that showed there was no proof of any stalking or harassment, and that up until the time of my sister-in-law’s going crazy, her kids and I had had a great relationship.

After about a two-hour hearing, the judge ruled against me. He stated that because my wife informed me that her younger sister had told her to keep me away from her kid that I was put on notice…yet persisted in showing up at the fields to work. Never mind that I was told two months after their conversation (my wife didn’t tell me right away because she thought it was just her sister acting crazy). The judge then went on to say that a mother had the right to determine who got to be around her kids and didn’t need a good reason.

Now since the restraining order was made permanent, my sister-in-law has been using it to harass me and my family.

She went to the elementary school and instructed staff there that I was only to be allowed to pick up and drop off my daughter, and she warned them that if I dared to attend any of my child’s awards ceremonies, school performances, science fairs, or other school functions, she would call the police and have me arrested. She has also been sending letters with false claims about police reports and bullying to the little league administration that regulates all of the local little leagues, and has effectively had me removed from umpiring any games at any of the area little leagues, even ones in which her kids don’t participate.

Her family has been following me and my daughter to public parks and then approaching me to tell me I am in violation of the restraining order. Also, they have changed their walking routes to school so they walk by me and my daughter, or by me as I walk home after taking my daughter to school, to accuse me of “pushing the envelope.” They constantly photograph me when I am waiting at school, and make up stories about me doing things to harass them or their kids.

We have filed a motion for a new trial with compelling evidence. It was denied by the same judge. We have also filed a motion to modify the order to allow me to attend my daughter’s school events since I am her primary caregiver while my wife is at work (I own my own business), and this too was denied, because the judge thought it would be too hard for the school and the police to enforce.

We have filed an appeal, and briefs have been submitted. We are currently waiting for the appellate court to consider the briefs and issue a ruling. We were informed that it can take anywhere from six months to two years for this to happen. Now we are investigating whether we have proper grounds to file a motion asking for expedition to move our case closer to the front of the queue.

To show you just how crazy this restraining order is, the local police department asked, when we dropped off our guns, what clown would sign such a stupid restraining order? They said they would hold our guns for as long as needed to get this thing appealed.

This is my story, which has been my life for a year…and counting.

Copyright © 2015 RestrainingOrderAbuse.com

*From “High Conflict Family Law Matters and Personality Disorders” by attorneys Beth E. Maultsby and Kathryn Flowers Samler:

high_conflict_indicators

Restraining Order Fraud and the Disintegration of Morals

It’s estimated that two to three million restraining orders are issued each year. It’s also estimated that a significant number of them, if not a majority, are based on fraud (i.e., lies intended to mislead). It’s further the case that lying in court is ignored. To quote Texas attorneys Beth E. Maultsby and Kathryn Flowers Samler, for instance: “Lying (perjury) is rarely acknowledged or punished.”

Judges are authorized to approve restraining orders in spite of evident lies by petitioners, because the honesty of plaintiffs isn’t the standard according to which rulings are to be formed.

Consider that if millions of people (counting both false accusers and the falsely accused) are every year having it impressed upon them by judges that lying is not only okay but profitable, then social ethics is taking a pretty significant hit—and at a pretty significant rate.

Our courts are actively eroding it, no matter whether by design or not.

(Model Penal Code § 250, introductory note (1980): “Offenses in this category affect a large number of defendants, involve a great proportion of public activity, and powerfully influence the view of public justice held by millions of people.”)

Judges, who don’t let those who stand before them forget that what they say is very important, every minute contradict and devalue the moral principles that they’re supposed to represent and uphold by not only tolerating lying but rewarding it (and thereby encouraging it).

When truth and honesty are discounted, all moral principles are cheapened.

Putting a positive face on this by defending a corrupt process as a social good, finally, is a fraud on everyone.

Copyright © 2014 RestrainingOrderAbuse.com

“Redeeming Feminism”: Making It about Equality and Not Victimhood

Since the publication of this post, the feminist blog it cites and criticizes has been made private.


When criticizing injustices wrought by prejudicial, feminist-motivated laws and court procedures like the restraining order process, restraint isn’t easy to pull off.

It’s nevertheless worthy of striving for, because the gender divide that fosters the perpetuation of these prejudicial laws and procedures needs to be bridged—for the sake not just of their male victims but of their female victims, too.

I came across a blog yesterday titled, Redeeming Feminism. It arrested my attention, because its banner reads, “Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.”

The dramatic irony is lost on the blog’s author, but this is, of course, the argument against feminism, whose “second wave” has done at least as much to promote and enforce sexual bigotry as it has to eliminate it. (First-wave feminists, who sought to dissolve gender discrimination instead of cement it, were those who pushed for the 1972 Equal Rights Amendment from which the quotation above derives.)

Some feminists categorically can’t be reasoned with. They’re the equivalents of high-conflict courtroom litigants who reason with their feelings. But I don’t get the impression that the author of this blog is one such, and I think there are many self-styled feminists like her out there. She seems very much in earnest and without spiteful motive. Her intentions are well-meaning.

To judge from the wattage of her smile in the photograph of her on her blog, however, she’s never been stalked by someone only to have that person publicly and persuasively accuse her of stalking, or had it falsely suggested to authorities and the courts, for example, that she’s violent or a danger to children.

To quote a falsely accused woman I’ve corresponded with for the past six months, a professional nurse and mother of three who’s been through years of hell, that sort of thing “changes a person on a cellular level.” Had the blog author been subjected to what my correspondent has been—or what most of the respondents to this blog and to other blogs and petitions it links to have been—her smile would be considerably more muted (which would be a shame, because it’s a good smile).

This is the shortcoming of most vigorous feminist advocacy out there: It tends to see only what it was looking for in the first place. Its argumentation is based in the abstract. I wouldn’t wish the real on anyone, but before taking up arms, advocates of one position or another have a moral obligation to look up, down, and sideways.

The post on the referenced blog that I read is called, “Anti-Feminist Memes pt.3: ‘Domestic abuse, Men are the real victims’.” It rebuts the rhetorical strategies of counter-feminist “memes” on the Internet.

This is a meme.

This type of meme is extremely popular. In looking for memes to write about for this blog project, this theme was one of the most prevalent. Memes like these send a lot of messages simultaneously. First, they suggest that feminism is rooted in hypocrisy. They want us to assume that feminists not only support negative gender restrictions on men, but that they also encourage policy that will oppress men. A lot of these memes have phrases in them like “according to feminists,” “feminists believe,” and “feminist logic.” It’s not enough for these memes to suggest that men are oppressed more than women claim to be, the meme must also suggest that feminism causes and supports violence against men, with the aim of total male oppression.

Her criticisms, though spirited, lack balance. The “memes” she refers to don’t actually “suggest feminism is rooted in hypocrisy” (though this is certainly true of today’s feminism) or posit that “men are oppressed more than women,” nor do they appear to want anyone to “assume” anything. What they do is point out and denounce a double standard, which is an endeavor every true feminist should commend. The author of the blog doesn’t address the double standard; she takes a defensive tack and asserts that women are victims of violence and that such “memes” insensitively ignore this urgent fact.

This line of (emotional) reasoning basically says never mind if there is a double standard, because women are victims. It’s a logical bait-and-switch—and one that betrays unawareness that women are also injured by the same double standard.

meme2

These, too, are memes.

Laws that have arisen and been fortified in the last three decades in response to demands for the curtailment of violence against women are applied unequally and unfairly (which is another way of saying they disregard the most basic tenets of our Constitution). The prevalence of violence in the world is completely beside the point. John Doe isn’t his brother’s keeper and can’t justly be held to account for the actions of others. The fact is whenever anyone makes a complaint of domestic violence today, whether a woman or a man, his or her allegation may be presumed valid, especially in civil court, and the reason why this is so owes to feminist lobbying, which has engendered prejudice against defendants (who, once upon a time, were only men). When allegations of abuse are exaggerated or false, the consequences are often the same as they would have been had the allegations been true. Innocent men and women are rubbed out every day by procedures that are virtually automated. They’re criminalized, exiled from their families, stripped of property and resource, and sometimes barred from employment and even left living out of their cars or homeless.

The blog writer, a young woman, is piqued by domestic violence, as should we all be. Matters peripheral to it, like legal inequities, are lost in the shadows cast by its specter—and shouldn’t be. Even the specter itself is seldom scrutinized.

It must be considered, for example, that the authority for the statistic “1 in 4 women will experience domestic violence in her lifetime” cited by this writer (and which is commonly cited) is a pamphlet: “Domestic Violence Facts.”

Consulting its footnotes, you’ll find that this stat is derived from something called the National Violence Against Women Survey. In other words, the figure’s based on what women report on questionnaires.

Last week, I was sitting outside of a Starbucks in a posh strip mall and observed a couple standing 20 feet distant from me in the company of two others. The woman repeatedly belted the man in the shoulder and chest with a closed fist, and then proceeded to pinch him a series of good ones. He laughed and cringed from the attack. “Did you fart?” she demanded. He giggled. She punched him a few more times—good, resonant thwacks like you’d hear if you slapped a ham. She was still punching and pinching him when I turned back to my laptop.

What someone like the author of the blog I’ve cited would never conceive is that had this man called the cops and alleged that his wife assaulted him, there’s a very excellent chance that horseplay like this could cost her everything she owns, including her identity. “Did she punch him?” an officer might ask of witnesses. “Well…yeah, but….” And that might be that (criminal restraining order to ensue). It happens. Sometimes even the reports of onlookers precipitate arrests.

What everyone must be brought to appreciate is that a great deal of what’s called “domestic violence” (and, for that matter, “stalking”) depends on subjective interpretation, that is, it’s all about how someone reports feeling (or what someone reports perceiving).

Important to recognize is that how someone reports feeling about being punched or pinched may depend a lot on how that person is feeling toward the puncher or pincher at the time (or at a later time). In other words, actions that are harmless can be represented however a person wants to represent them.

When the state gets involved in private, interpersonal matters, consequences can be severe. What the “memes” the referenced blog writer confronts are concerned with is public perception that translates into law. Fervent condemnations of domestic violence don’t simply inform general opinion; they inform legislation and the application of laws by police officers and judges.

Feminist predilections, both to blame men and to perceive “violence” everywhere, encourage and, consciously or not, endorse exaggerated, impulsive, and/or false allegations. Feminism’s basic message to women today is, “You’re a victim.”

Is there any person walking the face of the planet over the age of five who hasn’t been slapped, punched, kicked, spanked, pinched, poked, or threatened? That’s a rhetorical question. Everyone has been the “victim of violence” if not the “victim of domestic violence” sometime in his or her life. The difference is not everyone is going to characterize him- or herself as a “victim.”

When someone like the author of the blog I’ve referenced uses the phrase domestic violence, she means wanton physical abuse and household terrorism, which is what the phrase used to mean. That’s not, however, how domestic violence is any longer defined by the law. The same phrase may be applied to angry phone calls—even a single angry phone call (which may easily be misrepresented or not even real). This blogger’s outrage is sympathetic; she’s just unconscious—as most people are—that the messages she’s outraged by aren’t veiled arguments in defense of battery; they’re rejections of a feminist message that has jaundiced popular perceptions and corrupted our laws and how they’re applied.

The zealousness of the public and of the authorities and courts to acknowledge people, particularly women, who claim to be “victims” as victims has produced miscarriages of justice that are far more epidemic than domestic violence is commonly said to be. Discernment goes out the window, and lives are unraveled based on finger-pointing. Thanks to feminism’s greasing the gears and to judicial procedures that can be initiated or even completed in minutes, people in the throes of angry impulses can have those impulses gratified instantly. All parties involved—plaintiffs, police officers, and judges—are simply reacting, as they’ve been conditioned to.

When everyone’s simply reacting, nobody’s actually thinking.

The road to feminism’s redemption will only be paved when feminists begin making observations like this.

Copyright © 2014 RestrainingOrderAbuse.com

You Be the Judge: On Those Who Blame for a Living, Restraining Orders, and the Golden Rule

Restraining order laws authorize lives lived decently to be discredited by judges in minutes, judges who know little or nothing about the people they presume to size up in a glance.

Defendants, men and women from all sectors of the social spectrum, report being made to feel like sex offenders based on knee-jerk character assessments and no certain facts. Parents and spouses are exiled for “offenses” alleged to be domestic violence that besides being unconfirmed may be unworthy of the label. Families are torn to pieces by accusations that may amount to no more than “name-calling, belligerent telephone calls at work, [or] a one-finger salute” (quoting DivorceSource.com, now defunct).

Judicial partiality in the restraining order arena is coyly called “paternal” by its practitioners. What it’s called by those whose lives are permanently altered by it for the worse is careless, callous, and/or cruel. Allegations that cost people their ambitions, children, life savings, and sanity may be exaggerated, cooked, or spitefully manufactured—sometimes obviously so.

Yet rigid or even scalding denunciations from judges are commonly remarked. Social, political, and professional imperatives encourage and excuse tyrannical conduct from agents of the state who’ve been entrusted with protecting citizens’ civil rights and dignity, and these imperatives and this conduct are overdue for scrutiny, reproof, and realignment.

The superficial standards of arguably ill-conceived laws license neither judicial dereliction nor imperiousness.

Axiomatic in law is that “a judge is not the court.” This recognizes that judges are human beings, subject to foibles and flaws like everyone else, and what the law recognizes, judges must also. They, too, are imperfect parents, spouses, and people.

Here are some recent news stories that should serve as reminders that no one is above a measure of humility:

Judge ‘Tried to Frame’ Love Rival for Drugs, Assault in Years-long Scheme” (2013)

Judge’s Lawyer Husband Accused of Domestic Battery” (2009)

Judge Hits Daughter: Caught on Tape” (2011)

Alameda County Judge Charged with Elder Theft” (2013)

Illinois Judge Charged with Possession of Heroin, Guns” (2012)

Judge’s Daughter Wrecks Car, Kills Boyfriend in Drunk Driving Accident…and Sues the Driver That She Hit” (2008)

D.C.’s Top Judge Charged with Wrongdoing” (2014)

Judge Censured For Interfering In Son’s Kitten Abuse Charges” (2015)

Judge Charged with Stealing Cocaine from Evidence of Cases He Presided Over” (2013)

Broward Judge […] Charged with DUI” (2013)

Randolph County Judge Charged with Breaking Court Code because of Affair” (2014)

Judge’s Husband Sentenced for Hitting Her with Frying Pan” (2009)

Superior Court Judge Charged with Extreme DUI” (2012)

Former Philadelphia Judge Charged with Theft, Conflict of Interest” (2014)

Drug Court Judge’s Daughter among 10 Arrested on Pot Charges in Wilmette” (2013)

Federal Judge Charged with DWI, Dash-Cam Video Released” (2014)

Pennsylvania Judge Gets 28 Years in ‘Kids for Cash’ Case” (2011)

Judge’s Wife Makes Opposite Statements” (2011)

Judge’s Property Transaction Leads to a Charge of Fraud” (2013)

Judge’s Wife Charged with Attempted Murder, Accused of Poisoning Him with Antifreeze” (2013)

New Orleans Municipal Court Judge’s Wife Arrested after Biting Husband, Threatening Officers” (2014)

Judge[…]’s Son Indicted on Six Felonies, Nine Counts Overall” (2014)

Texas Judge’s Wife ‘Implicates Him’ in Triple Murder” (2013)

Judge Arrested in Connection with Wife’s Killing” (2023)

If members of the public aren’t to stereotype judges and their families according to such stories—of which the foregoing are but a smattering—then it’s only just that judges be expected to show the strangers who appear before them and whose welfare and prosperity may rest in their hands the same discernment and benefit of the doubt.

Copyright © 2014 RestrainingOrderAbuse.com