Browsing All posts tagged under »protection orders«

“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 […]

What Does It Mean When a Defendant Is Enjoined by the Court from Making “Indirect Contact” with the Plaintiff?

September 2, 2016


“If the writing does not request or direct a third party to contact you vicariously, and or request a third party to forward any communication to you, there is no indirect contact. Essentially, the restrained party is not prevented from communicating about you, but rather communicating with you… [emphases added].” —California attorney Timothy Miranda Mr. […]

No One Is a VICTIM Just because S/he Says S/he Is: A Reminder for Reporters…and Other People Who Shouldn’t Need Reminding

March 12, 2016


I looked at a form I was handed a couple of weeks ago at a criminal arraignment I was ordered to attend. The form gives the impression I was supposed to sign it, which no one asked me to do. This would be disturbing if I were still capable of registering disturbance. I noticed with […]

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 […]