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

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 the truth—in drive-thru restraining order proceedings, and expressions of fury have been more than a few.

This week, I shared an email by a highly educated, professional woman and mother of three young children that expresses an “almost homicidal enmity” catalyzed by procedural abuses. Note the elevated diction she uses to describe an impulse to bash, throttle, and gouge. Does her vaulted language indicate she “doesn’t really mean it”? No, it indicates how alien rage is to her character. It indicates she’s someone who shouldn’t have cause to feel this way.

Consider: How is it the police and the courts recognize the propensity for violence that interpersonal conflicts mediated by the “justice system” may arouse, but lawmakers don’t? Are they that “in the dark”?

Yeah, pretty much.

If you get into a spat with your neighbor, and the police intervene, parties are separated into corners. In court, complainants even merely of “fear” may be shielded by law officers in anticipation of a judicial ruling. It’s understood that emotions run hot in this theater.

Why, then, is it not appreciated that when the basis for rulings is false, the risk of violence is not only higher but infinite?

We like our games, and we like our fictions about how people should be and should feel and should react even if you trash their lives maliciously. Hey, we’re disposed to remind, it’s the law.

All well and good until somebody gets an ax in the ear—an edgy remark, maybe; honesty often strikes us that way (i.e., like an ax in the ear).

The wonder is that more people who lie to the courts don’t meet premature ends—or at least sustain some anatomical remodeling. False accusations, which have inspired a great deal of sententious deliberation in recent months, don’t just “discomfort” people or make them “justifiably [and transiently] angry.” At the risk of being edgy again: People who haven’t been falsely accused in a legal procedure don’t know what the fuck they’re talking about. I was collegiately trained as a literary analyst—I’ve studied and taught Victorian literature—and I’m normally more disciplined in my remarks, but this subject rebukes gentility.

Liars maim. That they do it with words in no way mitigates the brutality of the act or its consequences.

One would think that as people mature and progress through life, that they would stop behaviors of their youth. Unfortunately, this is not always the case. Sadly, adults can be bullies, just as children and teenagers can be bullies. While adults are more likely to use verbal bullying as opposed to physical bullying, the fact of the matter is that adult bullying exists. The goal of an adult bully is to gain power over another person, and make himself or herself the dominant adult. They try to humiliate victims, and “show them who is boss” (BullyingStatistics.org, “Adult Bullying”).

StopBullying.gov defines bullying as including name-calling, taunting, threatening, spreading rumors about someone, and embarrassing someone in public. Falsely labeling someone a stalker, child abuser, violent danger, or sexual deviant in one or more public trials whose findings are impressed on the target’s permanent record and are accompanied by menacing threats (if not immediate punishment) plainly qualifies. Among identified effects of bullying are suicide (“bullycide”) and violence, including murder. “Extreme emotional disturbance” is a defense for murder in some states (a finding that doesn’t excuse the act but does lighten the sentence), and a related murder defense is “provocation.”

Sure, character assassination is bloodless. What of it? If I circulate lies about someone and s/he snaps, I’m a bully, and I had it coming. Few people would say otherwise.

Ah, but if I lie and use the law as my medium to insult, demean, badger, intimidate, or otherwise persecute—hey, that’s different. I’m the “good guy.”

So suck it. And keep on sucking it, because the public record says my lies are the truth. Neener-neener.

A system that represents its purpose to be the curtailment of violence shouldn’t be promoting it by pandering to bullies, even “unofficially,” and its officers shouldn’t be serving as those bullies’ lieutenants and enforcers. If the system makes it easy to lie about and humiliate people, doesn’t hold liars accountable, and furthermore punishes the falsely accused based on lies, then it’s promoting violence.

This shouldn’t require social science research to corroborate. It shouldn’t even require this analyst’s observation.

Copyright © 2015 RestrainingOrderAbuse.com

“Fag,” “Stalker,” “Sicko,” “Brute,” “Creep”: On Labeling and the Psychic Effects of Public Revilement in and out of Court

One of my favorite puzzles when I was a boy directed the solver to figure out what was different between almost identical pictures. I think it appeared in Highlights for Children. I have a collection of Highlights someplace, because I meant to write for kids and used to study and practice children’s writing daily, but I haven’t looked at them in years.

I’m reminded of this, because, as you might have discerned, one among the epithets in this post’s title is distinct from the others: fag.

When I was growing up, I knew a very simple boy who was singled out at an early age—nine or thereabouts—and routinely ridiculed by the “cool” boys at school. Some girls occasionally joined in, too, albeit half-heartedly, to curry favor with boys they wanted to like them. “Fag!” or “Faggot!” was a favored insult among schoolboys. No other had anything close to its heft as a term of contempt to pierce a man-child to the bone.

The boy I’m recalling happened to be Polish, and Polack was a competing term of derision that might have conveniently been used to hurt him. It didn’t rouse nearly as much pack frenzy, though. His name started with F, besides, so its pairing with fag was poetic kismet. “Fag!” followed this boy from grade to grade like a toxic echo. It was how he was greeted, and he would sometimes mince, affect limp wrists, and swipe at the other boys, because it amused them and won him attention and the closest thing to membership he could hope for.

The boy wasn’t gay; he was just easy meat to sate the bloodlust of cruel kids.

The last time I saw him was when I was a young adult. He was panhandling outside of a drugstore for diaper money. He’d apparently gotten a girl pregnant right out of high school to prove his virility. The abuses to which he’d been relentlessly subjected determined the arc of his life.

I relate this story in the context of restraining order abuse to highlight the grave effects of public humiliation and revilement. Labeling of this sort isn’t just tormenting and alienating but destructive. It corrupts the mind, silently and sinuously. It confounds ambitions, erodes trust, and hobbles lives.

Victims of false allegations made on restraining orders may be labeled “stalker,” “batterer,” “sicko,” “sexual harasser,” “child-abuser,” “whore,” or even “rapist”—publicly and permanently—by accusers whose sole motive is to brutalize. And agents of these victims’ own government(s) arbitrarily authorize this bullying and may baselessly and basely participate in it, compounding the injury exponentially.

I’ve been contacted by people who’ve either been explicitly or implicitly branded with one or several of these labels. Falsely and maliciously. I’ve been branded with more than one myself, and these epithets have been repeatedly used with and among people I don’t even know. For many years. Even at one of my former places of work. And there’s f* all I can do about it, legally.

Labels like these, even when perceived as false by judges, aren’t scrupulously scrubbed away. Resisting them, furthermore, simply invites the application of more of the same. Judges’ turning a blind eye to them, what’s more than that, authorizes their continuously being used with impunity, as the boys in the story I shared used the word fag. Victims of false allegations report being in therapy, being on meds for psychological disturbances like depression and insomnia, leaving or losing jobs—sometimes serially—and entertaining homicidal thoughts and even acting on suicidal ones.

No standard of proof is applied to labels scribbled or check-marked on restraining orders, which to malicious accusers are the documentary equivalents of toilet stalls begging for graffiti.

That the courts may only enable bullying, taunting, and humiliation is no defense, nor is “policy.” Adding muscle to malice is hardly blameless. Anyone occupying a position of public trust who abets this kind of brutality, actively or passively, knowingly or carelessly, should be removed, whether a judge, a police officer, or other government official, agent, or employee.

This hateful misconduct is bad enough when it originates on the playground.

Copyright © 2014 RestrainingOrderAbuse.com