Browsing All posts tagged under »restraining orders«

Can Anyone Publish and Criticize a Judicial Ruling (Including a Restraining Order)?

December 29, 2017


A judicial ruling, like a law, is among what the U.S. Copyright Office terms edicts of government, and edicts of government cannot be hushed. “If either statutes or decisions could be made private property, it would be in the power of an individual to shut out the light by which we guide our actions.” Wheaton […]

“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. […]

Restraining Orders as Strategic Lawsuits Against Public Participation (SLAPPs)

May 4, 2016


Not a day goes by when a search engine query doesn’t lead someone to this blog because s/he wants to know whether speech on Facebook can be prohibited by the court. Lawfully…maybe. If someone sends communications TO someone else after the someone else has repeatedly requested that s/he be left alone, this can be labeled […]

Midlife Madness and Restraining Order Abuse

April 26, 2016


“Of the 760 women approached [of menopausal age], 539 (71 %) returned completed questionnaires. A total of 155 women (29%) had a score of 12 or more on the general health questionnaire and were identified as probable psychiatric cases.” —C. Barbara Ballinger, British Medical Journal (1975) Translation: About every fourth woman you meet “of a […]