“I want my life back. Restraining orders have stolen everything from me, and I’d give anything to have it back.”
—From “End Restraining Order Abuses”
Here’s what no one on the outside of the restraining order process can possibly grasp: that it can strip from someone, possibly based on nothing but maliciously false allegations, everything that s/he held dear.
That everything may have been what we conventionally regard as the worthiest values in life: home, family, and children. Or that everything may have been a career, an ambition, or sanity, peace of mind, and well-being. It may have been faith in government…or God. Or it may have been good repute.
All of these values are sacred ones and ones protected by our Constitution, and all of these values are vulnerable to casual violation by a state process engineered, intentionally or not, to abet casual violations. Restraining orders not only enable but legitimate attacks that wouldn’t otherwise be possible, let alone legal.
The source of the gnawing outrage so evident in complaints about restraining order abuse isn’t simply false allegations but the eagerness with which they’re accepted as fact by the court and effectively sublimated into fact by application of a judicial signature.
Consider: If someone falsely circulates that you’re a sexual harasser, stalker, and/or violent threat—possibly endangering your employment, to say nothing of savaging you psychologically—you can report that person to the police, seek a restraining order against that person for harassment, and/or sue that person for defamation and intentional infliction of emotional distress. If, however, that person first obtains a restraining order against you based on the same false allegations—which is simply a matter of filling out a form and lying to a judge for five or 10 minutes—s/he can then circulate those allegations, which have been officially recognized as legitimate on an order of the court, with impunity. Your credibility, both among colleagues, perhaps, as well as with authorities and the courts, is instantly shot. You may, besides, be subject to police interference based on further false allegations, or even jailed (arrest for violation of a restraining order doesn’t require that the arresting officer actually witness or have incontrovertible proof of anything). And if you are arrested, your credibility is so hopelessly compromised that a false accuser can successfully continue a campaign of harassment indefinitely. Not only that, s/he can expect to do so with the solicitous support and approval of all those who recognize him or her as a “victim” (which may be practically everyone).
Can a completely innocent person be completely destroyed like this in gratification of a sick impulse by someone with a yen for vengeance or an attention-seeking personality disorder? Totally. The allegations, files, and records (public records) gradually accrete to mock, humiliate, and destabilize that person indefinitely, denying him or her a sense of security and any reasonable expectation of receiving just treatment from his or her own government.
It works this way: police officers and judges have only brief exposure(s) to the matter and, having no investment in it, couldn’t care less either way; people who are on the fence are liable to maintain their perch, being disinclined to get involved; those who know better will express their sympathies, which are kind but powerless to work any sort of remedial or regenerative effect; and those who don’t know any better will swallow a liar’s frauds, because their reactions have been socially conditioned and they have, besides, no reason to doubt the merits of a court’s (or multiple courts’) findings.
It’s a piece of cake.
Liars typically don’t expect to have their frauds challenged, but if they are, those frauds are more likely than not to continue to succeed (the courts are averse to backpedaling, and there’s no oversight). Lies don’t even have to be consistent or particularly cunning, just sensational and dramatically delivered (bigger, more lurid lies are actually easier sells than small ones). The rewards of attention, social sympathy and encouragement, recognition by authority figures, and the sense of power that comes from prevailing over an opponent are furthermore heady and addictive, and easily eclipse any twinge of conscience or fear that a liar may feel.
Victims of abuse are left eating their hearts out while those who’ve abused them can expect to be surrounded by consoling arms. In work settings, those abusers may even end up with promotions.
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