Courtroom Fraud and Smear Campaigns: The Full Machiavelli

Cheryl Lyn Walker PhD, Dr. Cheryl Lyn Walker, Dr. Cheryl L. Walker PhD, M.D. Anderson Cancer Center, Michael Honeycutt PhD, Michael Honeycutt TCEQ

“False Accusations, Distortion Campaigns, and Smear Campaigns can all be used with or without a grain of truth, and have the potential to cause enormous emotional hurt to the victim or even impact [his or her] professional or personal reputation and character.”

—“False Accusations and Distortion Campaigns

There are several fine explications on the Internet about the smear campaigns of false accusers. Some sketch method and motive generally; some catalog specific damages that ensue when lies are fed to the police and courts.

This survey of “adverse impacts” is credited to lies told by people with borderline personality disorder. Conducting “distortion campaigns” isn’t exclusive to BPDs, however, and the “adverse impacts” are the same, irrespective of campaigners’ particular cognitive kinks.

The valuable role of the police and courts in the prosecution of campaigns to slander, libel, and otherwise bully and defame can’t be overstated. They’re instrumental to a well-orchestrated character assassination.

Lies can be told to anyone, of course, and lies told to anyone can have toxic effects. The right lie told in a workplace, for example, can cost someone a job and impair or imperil a career.

Lies told to police and judges—especially judges—they’re the real wrecking balls, though. False allegations of threat or abuse are handily put over in restraining order or domestic violence procedures, and they endure indefinitely (and embolden accusers to tell further lies, which are that much more persuasive).

Among the motives of false accusation are blame-shifting (cover-up), attention, profit, and revenge (all corroborated by the FBI). Lying, however, may become its own motive, particularly when the target of lies resists. The appetite for malice, once rewarded, may persist long after an initial (possibly impulsive) goal is realized. Smear campaigns that employ legal abuse may go on for years, or indefinitely (usually depending on the stamina of the falsely accused to fight back).

Legitimation of lies by the court both encourages lying and reinforces lies told to others. Consider the implications of this pronouncement: “I had to take out a restraining order on her.” Who’s going to question whether the grounds were real or the testimony was true? Moreover, who’s going to question anything said about the accused once that claim has been made? It’s open season.

In the accuser’s circle, at least—which may be broad and influential—no one may even entertain a doubt, and the falsely accused can’t know who’s been told what and often can’t safely inquire.

Judgments enable smear and distortion campaigners to slander, libel, and otherwise bully with impunity, because their targets have been discredited and left defenseless (judges may even punish them for lawfully exercising their First Amendment rights and effectively gag them). The courts, besides, may rule that specific lies are “true,” target_of_blamethereby making the slanders and libels impervious to legal relief. Statements that are “true” aren’t defamatory. The man or woman, for instance, who’s wrongly found guilty of domestic violence (and entered into a police database) may be called a domestic abuser completely on the up and up (to friends, family, or neighbors, for example, or to staff at a child’s school).

Lies become facts that may be shared with anybody and publicly (court rulings are public records). Smear campaigners don’t limit themselves to court-validated lies, either, but it seldom comes back to bite them once a solid foundation has been laid.

Some so-called high-conflict people, the sorts described in the epigraph, conduct their smear or distortion campaigns brazenly and confrontationally. Some poison insidiously, spreading rumors behind closed doors, in conversation and private correspondence. As Dr. Tara Palmatier has remarked, social media also present them with attractive and potent platforms (and many respondents to this blog report being tarred on Facebook or even mobbed, i.e., bullied by multiple parties, including strangers).

Even when false accusers’ claims are outlandish and over the top, like these posted on Facebook by North Carolinian Marty Tackitt-Grist, they’re rarely viewed with suspicion—and almost never if a court ruling (or rulings) in the accusers’ favor can be asserted. The man accused in this comment to ABC’s 20/20 is a retiree with three toy poodles and a passion for aviation who couldn’t “hack” firewood without pain, because his spine is deformed. He is a retired lawyer, but he wasn’t “disbarred” and hasn’t “embezzled” (or, for that matter, “mooned” anyone). He has, however, been jailed consequent to insistent and serial falsehoods from his patently disturbed neighbor…who’s a schoolteacher.

For Crazy, social media websites are an endless source of attention, self-promotion, self-aggrandizement, and a sophisticated weapon. Many narcissists, histrionics, borderlines, and other self-obsessed, abusive personality types use Facebook, Twitter, and the like to run smear campaigns, to make false allegations, to perpetrate parental alienation, and to stalk and harass their targets while simultaneously portraying themselves as the much maligned victim, superwoman, and/or mother of the year.

(A respondent to this blog who’s been relentlessly harried by lies for two years, who’s consequently homeless and penniless, and who’s taken flight to another state, recently reported that a woman who’d offered her aid suddenly and inexplicably defriended her on Facebook and shut her out without a word. Her “friend” had evidently been gotten to.)

(An advocate for legal reform who was falsely accused in court last year by her husband and succeeded in having the allegations against her dismissed reports that he afterwards circulated it around town that she tried to kill him.)

I was falsely accused in 2006 by a woman who had nightly hung around outside of my house for a season. She was married and concealed the fact. Then she lied to conceal the concealment and the behavior that motivated the concealment. She has sustained her fictions (and honed them) for nearly 10 years. People like this build tissues of lies, aptly and commonly called webs.

Their infrastructures are visible, but many strands may not be…and the spinners never stop spinning.

The personality types associated with chronic lying are often represented as serpentine, arachnoid, or vampiric. This ironically feeds into some false accusers’ delusions of potency. Instead of shaming them, it turns them on.

I know from corresponding with many others who’ve endured the same traumas I have that they’ve been induced to do the same thing I did: write to others to defend the truth and hope to gain an advocate to help them unsnarl a skein of falsehoods that propelled them face-first into a slough of despond. (Why people write, if clarification is needed, is because there is no other way to articulate what are often layered and “bizarre” frauds.)

I know with heart-wrenching certainty, also, that these others’ honest and plaintive missives have probably been received with exactly the same suspicion, contempt, and apprehension that mine were. It’s a hideous irony that attempts to dispel false accusations are typically perceived as confirmations of them, including by the court. To complain of being called a stalker, for example, is interpreted as an act of stalking. There’s a kind of awful beauty to the synergy of procedural abuse and lies. (Judges pat bullies on the head and send them home with smiles on their faces.)

Smear campaigns wrap up false accusations authorized by the court with a ribbon and a bow.

Copyright © 2015 RestrainingOrderAbuse.com

*The name Machiavelli, referenced in the title of this post, is associated with the use of any means necessary to obtain political dominion (i.e., power and control). Psychologists have adapted the name to characterize one aspect of a syzygy of virulent character traits called “The Dark Triad.”

False Accusations and Procedural Abuse Hurt Pets…and May Be the Death of Them

This post is the first of a projected series that will explore the rollback of advances in women’s rights, civil rights, minority rights, gay and lesbian (GLBTQ) rights, children’s rights, and animal rights by bad procedural policy, bad procedural practice, and procedural abuse. The detriment to animal rights begins the series because dogs are dear to the blog’s author and many of its friends, including fraud victims and blog authors Betty Krachey (who maintains a Facebook page dedicated to Dobermans) and Larry Smith (who dotes on three toy poodles).

Consequences of legal abuse are often invisible, and its victims may die invisibly…whether by slow deterioration or in terror.

“Pets, mostly dogs and cats, can be used as pawns to threaten and coerce people to stay in abusive situations or keep quiet about them. Women are told if they leave the relationship, their beloved pet will be harmed or killed. Abused children may be threatened into silence because they fear their pet will be hurt, too.”

—Cathy M. Rosenthal, “Preventing pets from being used as pawns” (2013)

This is the scenario the public hears about, and it’s a reality, certainly, and a horrific one.

Consequently, protection order statutes to safeguard pets from domestic abusers exist in many states. (See this 2012 survey prepared by Phil Arkow of the National Link Coalition: “Pets in Protection Orders by State.”)

A reality that’s not publicized is that pets, no less so and possibly much more so than adults and children, may be victims of false accusations and procedural abuse, which aren’t uncommon when relationships stagnate or couples’ conflict reaches a crescendo. Procedural abusers are also hostage-takers…or may relish the prospect of a pet’s demise as the decisive blow in a malicious attack based on lies.

Millions of pets are abandoned each year and subsequently killed.

Legal abuse often aims for the heart. (The author of this blog was contacted by a friend of his false accuser in 2012, while his dog was crippled and in need of a surgery. His and his dog’s lives were daily a misery. The woman strung him along for months, insisting she was an ally and promising aid as his dog’s condition worsened. She then testified against him the following year in the fifth of a series of prosecutions over a seven-year span, all based on a hoax begun in 2006. The blog author’s dog has lived her entire life in the shadow of lies.)

Naval officer Theresa Donnelly, who calls her three boxers her “fur kids,” was inspired to write about “What to do with pets when getting divorced,” because she recognizes that the stresses of separation can lead to companion animals’ being abandoned. “If you’re facing a family separation, please explore every possible option before dropping the animal off at a shelter,” she urges.

How much more likely pet abandonment is in instances of bitter and vicious legal abuse is easily imagined. Some falsely accused are left homeless and unable to provide for themselves. Shelters, besides, may not admit pets. Victims of a malicious restraining order or false allegations of domestic violence can find themselves instantly on the curb and stripped of all resource.

The flipside to the scenario sketched in the epigraph is the misapplication of protection order statutes designed to protect pets from abusers. Nancy Peterson, an issues specialist with the Humane Society of the United States, has been quoted as saying, “[T]he pet may become a symbol of power and control.” Since “power and control” are common motives of procedural abusers, possession of pets may be part of the grand f*-you.

Also unacknowledged by earnest dogmatists who never consider the misuse of the laws they celebrate is that domestic abusers may also abuse process—to compound the abuse and to conceal it. The protection order process, which is handily manipulated by liars and usually costs them nothing to exploit, is perfectly suited to this purpose. Accordingly pets, like children, may be awarded to abusers by the court. “Protection” orders can be instrumental in child and pet abuse.

Then there are the cases when one person in a stagnant relationship rides it out, because s/he’s concerned for the welfare of his or her animal friend(s). Betty Krachey, whose legal ordeal has been chronicled on this blog, exemplifies such a person. Betty postponed calling it quits with her long-term boyfriend, concerned for her dogs, only to be falsely accused and nearly left indigent. She faced the choice of living on the streets until her court date or seeking residency in a shelter that didn’t admit pets.

Only about one in 10 dogs in this country ever finds a home in the first place, according to “11 Facts about Animal Homelessness,” which also approximates that 7.6 million dogs and cats are abandoned to shelters every year and that 2.7 million dogs and cats are killed.

How pets are killed is by lethal injection, suffocation in a decompression or gas chamber, or electrocution—among other methods. Their bodies are then cremated (atypically), rendered into reusable products, or buried in a landfill.

Do formerly cherished, exuberantly joyful, trusting members of families meet such an end because of impulsive lies and petty vindictiveness?

Unquestionably they do…every day.

Copyright © 2015 RestrainingOrderAbuse.com

*Government and agents of the press are more concerned with “service dog fraud” than they are with legal fraud and its consequences.

“Why Would Someone Get a False Restraining Order?”

This question pops up a lot.

Simply rephrasing it can dispel some of the wonderment: “What would someone have to gain by falsely accusing someone else of conduct society condemns?”

Satisfaction of a spiteful impulse might come to mind.

I remember looking at a book once by a guy named Hayduke. It was chock full of ingenious vengeance schemes—pretty much all of them criminal or bordering on it. Lying on a restraining order to sate a hurtful yen, while technically criminal, is never treated as such and may well succeed in criminalizing the target of that yen.

Common allegations on restraining orders are harassment, stalking, danger, and violence. Any of these—and especially the last—can doom a person’s employment or professional aspirations, tear relationships apart, and gnaw at and vex the innocently accused indefinitely (to his or her physical and psychological erosion). Allegations like this from a domestic partner can deprive the same victim of assets and access to loved ones. The use of fraudulent restraining orders to gain the upper hand in child custody battles is pretty much cliché.

And restraining orders don’t just vanish from public record when the expire. In some regions, there are even restraining order registries to make finding out who’s had a restraining order sworn out against him or her conveniently (and alluringly) accessible by the public. The political push is toward making such registries universal.

It’s possible that the question, “Why would someone get a false restraining order?” is prompted by a disbelief that a person could be so unethical. Such a disbelief betrays the questioner’s naivety.

People frame people for crimes or commit crimes to hurt others every day. Abusing restraining orders is just more fail-safe. Perjury (lying in court or on a sworn statement) is never prosecuted, and restraining orders are generally free for the asking. You get the state to exercise your malice for you, it costs you nothing, and everyone extends you their sympathies.

The worst that happens when someone lies to obtain a restraining order is that it’s overturned on appeal. And even if it’s quashed, the recipient of the fraudulent restraining order will have been put through hell (and possibly cost several thousands of dollars in attorney fees). In fact succeeding in having a restraining order vacated (canceled) doesn’t necessarily mean it disappears from public record. Even if a fraud loses, s/he wins.

Clearly then the answer to the question, “Why would someone get a false restraining order?” is “Why not?”

Copyright © 2013 RestrainingOrderAbuse.com