Browsing All posts tagged under »restraining order defense«

It’s Court, Sport: Lying Isn’t Punished; Only Losing Is

December 18, 2017

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A falsely accused defendant facing trial, especially a scrupulously honest one, should meditate on the title’s maxim long and hard. If it inspires one or more of the following conclusions, then reflection on it has paid off. The truth doesn’t matter if it’s ineffective. The defendant who considers him- or herself a “defendant” and not […]

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

September 16, 2016

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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

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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

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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 […]

A Consideration of Attorney Gregory Hession’s “How to Fight a False Allegation Restraining Order”

August 15, 2015

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“In thousands of 10-minute hearings held all over the Commonwealth, judges are now able to do what the Marxists have only dreamed of doing before now, and could never hope to do before they were able to use the pretext of ‘domestic violence.’ However, the real violence is almost always to the rights of the […]

Pointers for Contesting a Restraining Order

August 12, 2015

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One of the earliest posts on this blog (from 2011) offers some procedural orientation to the falsely accused. The author hasn’t revisited the post except to update a link to attorney Gregory Hession’s blog, MassOutrage, which is recommended reading. Much of the author’s early advice is important: show up early, dress well, be polite, organize […]

What Restraining Order Defendants Need to Know That No One Ever Tells Them: The Truth Doesn’t Matter

June 28, 2015

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The ambition of this post, an intermission between considerations of graver subjects, is to dispel restraining order defendants’ faith in the value of “truth.” Defendants are led to believe that if they’re truthful in the defiance of lies or hyped allegations, all will turn out as it should. But truth is a false idol that […]