Browsing All posts tagged under »orders of protection«

“I Reckon”: The Standard of Proof Applied by Judges to Restraining Order Cases

September 30, 2016


As the story goes, civil restraining orders are awarded to plaintiffs who demonstrate by a “preponderance of the evidence” that they need one. According to this story, a judge determines by actuarial science that there’s a 51% or greater probability that the petitioner’s need is valid, that is, that s/he’s representing some facts and his […]

If Restraining Order Cases Are Only about Narrative, How Do You Beat a Liar in Court?

September 16, 2016


The next to last post stressed the importance of narrative in restraining order cases. Stories complainants tell pursuant to obtaining a restraining order don’t particularly matter. “I’m afraid” may suffice. In contrast, defendants’ narratives are critical. Strategic defense is not about “telling the truth.” It’s about telling the better story. Competing narratives are universally regarded […]

Restraining Order Cases Are about One Thing: NARRATIVE

September 15, 2016


The universal conviction is that the court involves itself in a citizen’s life because the citizen did something wrong. Even judges are inclined to believe this. It’s wrong, and they’re wrong—and it’s very wrong of them to be wrong about something so important. The court involves itself in a citizen’s life because someone (automatically designated […]

How Restraining Order Fraud is Motivated and Concealed by VAWA and Its Advocates

December 28, 2015


The previous post, which highlights how fraudulent abuse of process is promoted and disguised, contains a link to a PDF prepared by the National Coalition Against Domestic Violence (NCADV) called “Comparison of VAWA 1994, VAWA 2000 and VAWA 2005 Reauthorization Bill.” The acronym VAWA stands for the federal Violence Against Women Act, which was ratified over […]

Legal Abuse and “Learned Helplessness” (Including Commentary on the Mythical Value of “Taking the High Road”)

November 28, 2015


“Learned helplessness is behavior typical of an organism (human or animal) that has endured repeated painful or otherwise aversive stimuli which it was unable to escape or avoid. After such experience, the organism often fails to learn escape or avoidance in new situations where such behavior would be effective. In other words, the organism seems […]

“There’s No Justice System; There’s Just a System”: A California Paralegal’s Advice on Defending Yourself against a Restraining Order Based on Fraud

September 29, 2015


The commentary and advice that follow are from a “paralegal at a top-tier criminal defense firm in Southern California.” I will go on record saying we have some clients that were slapped with permanent restraining orders and some were also on probation for prior convictions while the restraining order injunction was issued. A number of […]

Law Professor Brooke Coleman Explains Why the Civil Defendant Is Denied Legal Counsel, and Why This Is Unjust

September 27, 2015


From “Prison Is Prison” by Seattle Law School Prof. Brooke Coleman (Notre Dame Law Review, 2013): Two indigent men stand before two separate judges. Both will be sent to prison if they lose their cases. One receives appointed counsel, but the other does not. This discrepancy seems terribly unjust, yet the Supreme Court has no […]