Browsing All posts tagged under »restraining order laws«

How Restraining Orders Make American Civil Procedure Contemptible (Russian Teacake, Anyone?)

October 26, 2015

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Accusers are presumed to be truthful, so it falls to the accused to prove they’re innocent. Accusers are charged nothing to file a complaint, which requires only a few moments of time, and face no risk of prosecution if the complaint is false. Preliminary rulings are formed in backroom meetings between judges and accusers alone. […]

What “the Law” Means in the Restraining Order Arena and Why All Reasonable Expectations Defendants Have Are Wrong, Wrong, Wrong

May 31, 2015

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“I put a restraining order on my ex-husband. Now he’s depressed and staying in his truck.” “Can a restraining order result in suicide?” “Get [a] restraining order lifted for job.” “Can a restraining order be appealed if there isn’t evidence?” “How will it affect my child custody if I filed a false order for protection?” […]

Inciting Violence: If Lawmakers Require a Compelling Motive for Restraining Order Reform, How about This One?

February 12, 2015

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I examined a case, recently, of a man’s committing murder hours after being accused to the police. My familiarity with the case was, admittedly, shallow; I only had what was reported to go on (and that from a single, “raw” source). I have, however, heard from scores of people who’ve been accused—or scorned for telling […]

Criminalizing Criticism: Restraining Orders, the First Amendment, and Chan v. Ellis

November 1, 2014

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This search term brought a visitor here a day or two ago: “restraining order in ohio because a couple texts.” It struck a chord with this author, because he himself was issued a restraining order on a similar basis (three emails over a weekend). There were accompanying allegations, but the court’s final ruling was based […]

Facts and Fairness: Using Arizona’s Policies to Expose Restraining Order Iniquity

September 13, 2014

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I live in Arizona where I was issued a restraining order in 2006 petitioned by a woman I nightly encountered hanging around outside of my house. The restraining order said I was a danger to her husband and shouldn’t be permitted to approach or talk to him. If you receive a restraining order in my home state, […]

Connecticut Lawmakers Conclude Getting a Restraining Order Isn’t Easy Enough Already

August 25, 2014

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Those victimized by liars who abuse restraining order and domestic violence laws often blame their judges. It’s natural. They’re the ones who deprive the wrongly accused of dignity, liberty, property, and family—and theirs are the words that echo in the memory and grate on the nerves during the empty hours. Lawmakers it must be remembered, […]

Ungoverned: Restraining Order Laws in Arkansas

May 29, 2014

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I’ve combed the Internet in recent weeks for motion-to-dismiss forms applicable to restraining orders issued in the 50 states. For Arkansas, there’s nothing to be found. Zip. If that weren’t suggestive enough that the process is a lock, consider the above entry excerpted from a 2011 Arkansas Court Bulletin. The case commentary (which you’ll observe […]