Browsing All posts tagged under »protection orders«

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

September 30, 2016

2

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

4

The 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 as “he-said/she-said” […]

Restraining Order Cases Are about One Thing: NARRATIVE

September 15, 2016

4

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 […]

“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

19

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 […]

Dust It Off: This Isn’t 1979, and It’s Time Restraining Order Laws Were Reconsidered

January 8, 2015

7

Many links in this post are to others that will be republished shortly pending review for content that has been judicially censored.—Editor I remarked to a commenter the other day that when I became a vegetarian in the ’80s, I was still a kid, and my family took it as an affront, which was a […]

Restraining Order Administration and Money, Money, Money, Money, Money

May 30, 2013

15

“The restraining order law is perhaps the second most unconstitutional abomination in our legal system, after our so-called child protection (DSS) laws. The restraining order process is designed to allow an order to be issued very easily, and to be appealed, stopped, or vacated only with the utmost difficulty…. “The motives for this law are […]

Coercing Coercion: State Abuses of the Restraining Order Process

March 13, 2013

4

I was emailed yesterday by a humbly polite man whose family was under threat of eviction from their state-subsidized living quarters if his wife refused to swear out a restraining order against him. He admits to a criminal past but says he’s engaged in no recent conduct that would warrant this invasive action. Nevertheless his […]