Restraining Orders

Question:

- Hide quoted text — Show quoted text – mike wrote mike Jerry Burkowitz Hi folks, [restraining order abuse] Well, I have a serious question, and really know nothing about RO. So, please educate me. If someone has a restraining order against you, so what? They don’t want you near them, for whatever reason, badly enough to go to court about it. So, don’t go near them. Seems like a win/win, and they spent money on lawyers. A restraining order goes into a database that any police officer can access. If you get pulled over for a traffic stop they will check that database. If they find your name in it quite likely you will be cuffed and treated like a felon. Even if you are not violating the RO, or anything other than minor traffic laws!? If that is the case, that is really serious! They treat you like you’re a threat to their safety so they act accordingly. Fuck…can anything be done about this? No, and nothing really needs to be done about it. Most people who get restraining orders against them deserve them. The occasional restraining order that isn’t deserved is a small price to pay for the need to protect people, usually women, from violence. Mike

Do you have evidence of your supposition? Cites, perhaps? thanks tparker

Response:

abuses of restraining orders.

I read the various responses and want to metnion a key point note quite addressed. ROs have been mentioned, for example, to keep men from seeing their children. More importantly, they are used to get the man out of the house in the first place. This tactic is used to take control of the house and the children. The practices of the courts are typically to rule that the person who already has control of children and the house will retain control. Roy (who wonders what would happen if men initiated divorce by sending the woman to the mall and changing the locks)

Response:

M’lud, let the record show that on 06 Jan 2002 the individual alledgedly called "

Response:

- Hide quoted text — Show quoted text – abuses of restraining orders. I read the various responses and want to metnion a key point note quite addressed. ROs have been mentioned, for example, to keep men from seeing their children. More importantly, they are used to get the man out of the house in the first place. This tactic is used to take control of the house and the children. The practices of the courts are typically to rule that the person who already has control of children and the house will retain control. Roy (who wonders what would happen if men initiated divorce by sending the woman to the mall and changing the locks)

It’s being done – anecdotal evidence only, I know of a man who has obtained a TRO against his wife, taken over the house, gained temporary custody of the kids, the whole bit. She is very annoyed – he did it before she was ready to do it to him. He’s a LA Country Probation Officer, sees a lot of this kind of stuff, decided to pre-emptive about it. If more men start using these techniques, I suspect there will be quite an outcry among Gender Feminists about the unfairness of it all. tparker

Response:

– Hide quoted text — Show quoted text – mike wrote mike Jerry Burkowitz Hi folks, [restraining order abuse] Well, I have a serious question, and really know nothing about RO. So, please educate me. If someone has a restraining order against you, so what? They don’t want you near them, for whatever reason, badly enough to go to court about it. So, don’t go near them. Seems like a win/win, and they spent money on lawyers. A restraining order goes into a database that any police officer can access. If you get pulled over for a traffic stop they will check that database. If they find your name in it quite likely you will be cuffed and treated like a felon. Even if you are not violating the RO, or anything other than minor traffic laws!? If that is the case, that is really serious! They treat you like you’re a threat to their safety so they act accordingly. Fuck…can anything be done about this? No, and nothing really needs to be done about it. Most people who get restraining orders against them deserve them. The occasional restraining order that isn’t deserved is a small price to pay for the need to protect people, usually women, from violence. Mike

As attacking someone is against the law, why would you think a person would be willing to use violence, but not break a RO? J

Response:

What garbage. The legal system has no business imposing restraining orders restricting the freedom of people who have committed no wrongdoing and can not be reasonably accused of a propensity towards such wrongdoing. Clear cases of abuse of process must be prosecuted to the fullest extent possible so as to prevent future abuses. Likewise with clear cases of false rape accusations, false assault accusations, false domestic violence accusations, and false sexual abuse accusations.

Anyone who files false charges that result in the expenditure of public money (i.e. police reports, court dates, etc.) should be prosecuted.

Response:

Path: Anyone who files false charges that result in the expenditure of public money (i.e. police reports, court dates, etc.) should be prosecuted.

But,they aren’t false charges. What society, and the courts are telling these women, is, if they are afraid of you, or if they think you will harm them, that you are entitled to a protection order. A lot of people are afraid of a lot of things, or say they are. The courts are backing them up.

Response:

Well, I have a serious question, and really know nothing about RO. So, please educate me. If someone has a restraining order against you, so what?

Restraining orders, known in my state as PPOs (personal protection orders) were designed to protect people who are in danger of physical harm or harrassment from someone. They enable the police to apprehend, jail, and prosecute someone who persists in these activities. I will get to the "so what" in the rest of the post. They don’t want you near them, for whatever reason, badly enough to go to court about it. So, don’t go near them.

A PPO, or RO, will keep a married man, who was living with his wife, from entering the home, even though it is just as much his, as hers. It will stop him from accessing his clothing, valuables, work tools,personal papers and records, and, everything he owns, allowing his wife to destroy, sell, or give them away, at will. It will make him unable to see his children. It will make her able to get him arrested if he happens to bump into her in the same town, at the grocery store, or the gas station. It will take away his right/privelege to use or possess firearms, which will damage his career if he is a cop or a soldier, and, stop him from going hunting, or being able to defend himself, as Americans are supposed to be able to do. Seems like a win/win,

No, it’s a win/lose. The woman wins, and, the man loses. and they spent money on lawyers.

I think they spend maybe twenty bucks to file one in my state. And, it is almost always granted "ex-parte", without a hearing, on demand. Then, if you want to appeal it, you go before the same judge that issued it. (duh) My only experience with this was when I got one put on me because I sent someone I fell in love with some flowers and a couple e-mails.

Response:

Do some reflection. Accept the order… and move on.

Berry good! I think that’s in the ASD FAQ somewhere. Haven’t seen that FAQ posted in a while. Best – Fido

Response:

- Hide quoted text — Show quoted text – Hi folks, I’d like to create a resource for lobbying efforts of evidence of bona fide abuses of restraining orders. If anyone has cases of solidly provable baseless restraining orders, I’d like to hear from them, particularly in Washington State, USA. I am a lawyer who personally received a recent education on this problem: I am not married or divorced, and have never been cited for harassment or criminality. I filed suit against a defendant, female, as part of a soundly-based business & personal defamation claim against 2 people, there was no relationship or supporting facts to sustain a restraining order, the RO petition withheld from me the nature of the allegations I was to face at the hearing, I would have had a solid, provable case against the order if I had been given notice of the allegations I would face, and a restraining order was granted on the basis of fantastic and thoroughly perjured testimony that this woman gave to the effect that we had once had a relationship that went bad. I have filed my appeal. Luckily for me, my case clearly involves a violation of due process and 1st am. under WA’s interpretation, it does not take place within the context of a relationship or other facts that could have supported the order, the petitioner failed to allege any wrongdoing other than written protected speech (no calls, visits, threats, etc.) which even if true could not support a RO, I have solid documentary evidence and witnesses to prove my case that every last allegation by her is false, there are multiple solid legal bases for my appeal, and it is provable that this was nothing more than a fairly vicious attempt by a desperate defendant who falsely believed that she could defeat my complaint if she could get a restraining order. It has also clearly added to my claim for defamation, and I am also making a complaint to the prosecutor’s office re: perjury, a felony in this state. I do not expect them to be enthusiastic about this case, because it involves a woman and a restraining order, but I am going to lobby hard for prosecution. In short, my professional opinion is that my appeal has a good chance, and in any case the defendant will certainly pay a stiff financial price for her actions in legal fees at least, and it is hoped, a damage award. However, as I say, I have been educated. If I could be slapped with a RO on these facts, any man could. Clearly they hand them out like candy, ROs are clearly routinely used tactically as was this without regard to the truth or their necessity. This problem clearly needs to be addressed. First step is a credible resource documenting abuses. Contributions are solicited and appreciated. Unfortunately we can’t use cases that involve actual violation of restraining orders, but only those cases wherein a restraining order was granted on provably false grounds. Well, I have a serious question, and really know nothing about RO. So, please educate me. If someone has a restraining order against you, so what? They don’t want you near them, for whatever reason, badly enough to go to court about it. So, don’t go near them. Seems like a win/win, and they spent money on lawyers. J

Response:

- Hide quoted text — Show quoted text – My ex- became a crystal meth addict and began to hang out with very bad types of people. I tried to control her habit (to be more honest, I was actually trying to control her, and, truth be told, both of us were locked in a infantile and malignant relationship; however, I was the far more formally educated one and easily convinced myself, that I was the more righteous). I began to harrass her new boyfriend (the dealer). (and, even more embarrasing, did this while she was still living with me while I supported her). Eventually, the new boyfriend filed a restraining order against me. Me! Me! and educated and well-respected person was served with an order to appear in court, filed by an idiot. Pompous me that I was, I went to court, convinced that I would prevail and the order would be dropped. I lost. It was humiliating. And I was forced to confront myself… and my arrogance. Shortly after, I had to ask the ex to vacate. Over the two years following, I learned more about myself. I grew. The ex is doing better… I think. And I am doing much better. And, despite the restraining order, I do visit with her on occassion at her new home with the new boyfriend (who still has the restraining order against me; but which we all ignore). I suppose I wear this restraining order with some pride… as a reminder of what an ass I was. Two trite sayings: 1) where there is smoke, there is fire 2) one may not be guilty as charged… but quite likely, one may be guilty of something. I suspect that if someone has filed against you… Well… seems to me that the relationship between you (personal or professional) is malignant… and (sorry for all the triteness): it does take two to tango. Do some reflection. Accept the order… and move on.

Don’t confuse your situation with that of anyone else. The justice system has no business tolerating abuse of process and innocent individuals should always endeavor to reverse injustices against themselves. Only if the system is intolerant of abuse and individuals are intolerant of injustice can the justice system be kept healthy and productive in it’s purpose. Which is to protect the people. Do not accept the order unless it really is justified. – Hide quoted text — Show quoted text – My 2cents worth… (sorry for this last trite one) tom Hi folks, I’d like to create a resource for lobbying efforts of evidence of bona fide abuses of restraining orders. If anyone has cases of solidly provable baseless restraining orders, I’d like to hear from them, particularly in Washington State, USA. I am a lawyer who personally received a recent education on this problem: I am not married or divorced, and have never been cited for harassment or criminality. I filed suit against a defendant, female, as part of a soundly-based business & personal defamation claim against 2 people, there was no relationship or supporting facts to sustain a restraining order, the RO petition withheld from me the nature of the allegations I was to face at the hearing, I would have had a solid, provable case against the order if I had been given notice of the allegations I would face, and a restraining order was granted on the basis of fantastic and thoroughly perjured testimony that this woman gave to the effect that we had once had a relationship that went bad. I have filed my appeal. Luckily for me, my case clearly involves a violation of due process and 1st am. under WA’s interpretation, it does not take place within the context of a relationship or other facts that could have supported the order, the petitioner failed to allege any wrongdoing other than written protected speech (no calls, visits, threats, etc.) which even if true could not support a RO, I have solid documentary evidence and witnesses to prove my case that every last allegation by her is false, there are multiple solid legal bases for my appeal, and it is provable that this was nothing more than a fairly vicious attempt by a desperate defendant who falsely believed that she could defeat my complaint if she could get a restraining order. It has also clearly added to my claim for defamation, and I am also making a complaint to the prosecutor’s office re: perjury, a felony in this state. I do not expect them to be enthusiastic about this case, because it involves a woman and a restraining order, but I am going to lobby hard for prosecution. In short, my professional opinion is that my appeal has a good chance, and in any case the defendant will certainly pay a stiff financial price for her actions in legal fees at least, and it is hoped, a damage award. However, as I say, I have been educated. If I could be slapped with a RO on these facts, any man could. Clearly they hand them out like candy, ROs are clearly routinely used tactically as was this without regard to the truth or their necessity. This problem clearly needs to be addressed. First step is a credible resource documenting abuses. Contributions are solicited and appreciated. Unfortunately we can’t use cases that involve actual violation of restraining orders, but only those cases wherein a restraining order was granted on provably false grounds.

Response:

Agreed. Clear cases of abuse of process must be prosecuted to the fullest extent possible so as to prevent future abuses.

I disagree here. The system has to be changed. The system issues a PPO to a woman who was sent some flowers an and a couple e-mails, and, who’s only crime was that he fell in love with her. But, would I want girly to go to jail because she filed for the PPO? Hell no. I want the system to stop issuing them for this kind of bullshit.

Response:

– Hide quoted text — Show quoted text – Hi folks, I’d like to create a resource for lobbying efforts of evidence of bona fide abuses of restraining orders. If anyone has cases of solidly provable baseless restraining orders, I’d like to hear from them, particularly in Washington State, USA. I am a lawyer who personally received a recent education on this problem: I am not married or divorced, and have never been cited for harassment or criminality. I filed suit against a defendant, female, as part of a soundly-based business & personal defamation claim against 2 people, there was no relationship or supporting facts to sustain a restraining order, the RO petition withheld from me the nature of the allegations I was to face at the hearing, I would have had a solid, provable case against the order if I had been given notice of the allegations I would face, and a restraining order was granted on the basis of fantastic and thoroughly perjured testimony that this woman gave to the effect that we had once had a relationship that went bad. I have filed my appeal. Luckily for me, my case clearly involves a violation of due process and 1st am. under WA’s interpretation, it does not take place within the context of a relationship or other facts that could have supported the order, the petitioner failed to allege any wrongdoing other than written protected speech (no calls, visits, threats, etc.) which even if true could not support a RO, I have solid documentary evidence and witnesses to prove my case that every last allegation by her is false, there are multiple solid legal bases for my appeal, and it is provable that this was nothing more than a fairly vicious attempt by a desperate defendant who falsely believed that she could defeat my complaint if she could get a restraining order. It has also clearly added to my claim for defamation, and I am also making a complaint to the prosecutor’s office re: perjury, a felony in this state. I do not expect them to be enthusiastic about this case, because it involves a woman and a restraining order, but I am going to lobby hard for prosecution. In short, my professional opinion is that my appeal has a good chance, and in any case the defendant will certainly pay a stiff financial price for her actions in legal fees at least, and it is hoped, a damage award. However, as I say, I have been educated. If I could be slapped with a RO on these facts, any man could. Clearly they hand them out like candy, ROs are clearly routinely used tactically as was this without regard to the truth or their necessity. This problem clearly needs to be addressed. First step is a credible resource documenting abuses. Contributions are solicited and appreciated. Unfortunately we can’t use cases that involve actual violation of restraining orders, but only those cases wherein a restraining order was granted on provably false grounds. Well, I have a serious question, and really know nothing about RO. So, please educate me. If someone has a restraining order against you, so what? They don’t want you near them, for whatever reason, badly enough to go to court about it. So, don’t go near them. Seems like a win/win, and they spent money on lawyers. J What garbage. The legal system has no business imposing restraining orders restricting the freedom of people who have committed no wrongdoing and can not be reasonably accused of a propensity towards such wrongdoing. Clear cases of abuse of process must be prosecuted to the fullest extent possible so as to prevent future abuses.

Likewise with clear cases of false rape accusations, false assault accusations, false domestic violence accusations, and false sexual abuse accusations.

Response:

I have some documented on personal experience, and if you search you’ll find some public stuff, (I just posted to asd about a case in Massachusetts). There is a fair amount of stuff out there a recent Justice Department study indicated that a third of sexual abuse claims made during divorce were clearly and demonstratably false or baseless. Other studies of claims of abuse and even rape show a high number of false claims, as well. There was a fair amount of attention to this issue a couple of months ago in the Florida media, so start your search there. E-mail me for more info. Break my no-spam code first. Best – Fido

Response:

*** post for FREE via your newsreader at post.newsfeed.com ***

Unfortunately, many women use these to keep men from visiting their children. And in at least one case I know of, a man lost his job temporarily because he could not go to work. The woman worked at the same place (of course, the woman neglected to mention that fact to the magistrate). —–= Posted via Newsfeed.Com, Uncensored Usenet News =—– http://www.newsfeed.com – The #1 Newsgroup Service in the World! —–== 90,000 Groups! – 17 Servers! – Unlimited Download! =—–

Response:

– Hide quoted text — Show quoted text – mike Jerry Burkowitz Hi folks, [restraining order abuse] Well, I have a serious question, and really know nothing about RO. So, please educate me. If someone has a restraining order against you, so what? They don’t want you near them, for whatever reason, badly enough to go to court about it. So, don’t go near them. Seems like a win/win, and they spent money on lawyers. A restraining order goes into a database that any police officer can access. If you get pulled over for a traffic stop they will check that database. If they find your name in it quite likely you will be cuffed and treated like a felon. Even if you are not violating the RO, or anything other than minor traffic laws!? If that is the case, that is really serious! They treat you like you’re a threat to their safety so they act accordingly.

Fuck…can anything be done about this? J

Response:

– Hide quoted text — Show quoted text – Jerry Burkowitz Hi folks, [restraining order abuse] Well, I have a serious question, and really know nothing about RO. So, please educate me. If someone has a restraining order against you, so what? They don’t want you near them, for whatever reason, badly enough to go to court about it. So, don’t go near them. Seems like a win/win, and they spent money on lawyers. A restraining order goes into a database that any police officer can access. If you get pulled over for a traffic stop they will check that database. If they find your name in it quite likely you will be cuffed and treated like a felon. Mike

Even if you are not violating the RO, or anything other than minor traffic laws!? If that is the case, that is really serious! J

Response:

– Hide quoted text — Show quoted text – My ex- became a crystal meth addict and began to hang out with very bad types of people. I tried to control her habit (to be more honest, I was actually trying to control her, and, truth be told, both of us were locked in a infantile and malignant relationship; however, I was the far more formally educated one and easily convinced myself, that I was the more righteous). I began to harrass her new boyfriend (the dealer). (and, even more embarrasing, did this while she was still living with me while I supported her). Eventually, the new boyfriend filed a restraining order against me. Me! Me! and educated and well-respected person was served with an order to appear in court, filed by an idiot. Pompous me that I was, I went to court, convinced that I would prevail and the order would be dropped. I lost. It was humiliating. And I was forced to confront myself… and my arrogance. Shortly after, I had to ask the ex to vacate. Over the two years following, I learned more about myself. I grew.

Whew, I bet you did. Ouch. Tom, another one. – Hide quoted text — Show quoted text -The ex is doing better… I think. And I am doing much better. And, despite the restraining order, I do visit with her on occassion at her new home with the new boyfriend (who still has the restraining order against me; but which we all ignore). I suppose I wear this restraining order with some pride… as a reminder of what an ass I was. Two trite sayings: 1) where there is smoke, there is fire 2) one may not be guilty as charged… but quite likely, one may be guilty of something. I suspect that if someone has filed against you… Well… seems to me that the relationship between you (personal or professional) is malignant… and (sorry for all the triteness): it does take two to tango. Do some reflection. Accept the order… and move on. My 2cents worth… (sorry for this last trite one) tom Hi folks, I’d like to create a resource for lobbying efforts of evidence of bona fide abuses of restraining orders. If anyone has cases of solidly provable baseless restraining orders, I’d like to hear from them, particularly in Washington State, USA. I am a lawyer who personally received a recent education on this problem: I am not married or divorced, and have never been cited for harassment or criminality. I filed suit against a defendant, female, as part of a soundly-based business & personal defamation claim against 2 people, there was no relationship or supporting facts to sustain a restraining order, the RO petition withheld from me the nature of the allegations I was to face at the hearing, I would have had a solid, provable case against the order if I had been given notice of the allegations I would face, and a restraining order was granted on the basis of fantastic and thoroughly perjured testimony that this woman gave to the effect that we had once had a relationship that went bad. I have filed my appeal. Luckily for me, my case clearly involves a violation of due process and 1st am. under WA’s interpretation, it does not take place within the context of a relationship or other facts that could have supported the order, the petitioner failed to allege any wrongdoing other than written protected speech (no calls, visits, threats, etc.) which even if true could not support a RO, I have solid documentary evidence and witnesses to prove my case that every last allegation by her is false, there are multiple solid legal bases for my appeal, and it is provable that this was nothing more than a fairly vicious attempt by a desperate defendant who falsely believed that she could defeat my complaint if she could get a restraining order. It has also clearly added to my claim for defamation, and I am also making a complaint to the prosecutor’s office re: perjury, a felony in this state. I do not expect them to be enthusiastic about this case, because it involves a woman and a restraining order, but I am going to lobby hard for prosecution. In short, my professional opinion is that my appeal has a good chance, and in any case the defendant will certainly pay a stiff financial price for her actions in legal fees at least, and it is hoped, a damage award. However, as I say, I have been educated. If I could be slapped with a RO on these facts, any man could. Clearly they hand them out like candy, ROs are clearly routinely used tactically as was this without regard to the truth or their necessity. This problem clearly needs to be addressed. First step is a credible resource documenting abuses. Contributions are solicited and appreciated. Unfortunately we can’t use cases that involve actual violation of restraining orders, but only those cases wherein a restraining order was granted on provably false grounds.

Response:

All I can say…’cause I am still there…..is Good Freakin’ Luck!

Response:

I just signed as the respondent in a divorce in Washington State. My jaw dropped when clerk pulled out a RO out and told us we had fill it in. I gave to a peruse and found it was to protect children and property from being taken without permission. Not an issue in my divorce (no children in this marriage) as all my assets are not in their jurisdiction. John

Response:

Don’t make the mistake of assuming RO’s are all about fear of physical harm, although that is the most frequent use of an ex parte RO in family law. In my case, I was hit with a very high temporary support order followed by an ex parte RO preventing me from selling any assets to allow me to comply with the order. The net affect was I was unable to pay the high temporary support ordered and went to court looking like I had intentionally been in contempt by not paying the high support amount. Your conclusion RO’s are used tactically is correct. They are used most frequently when there is a custody dispute. Fathers seeking custody are routinely served with RO’s to be used later in court to prove they are violent and unfit to have custody of children. All a mother has to do is go down to the local courthouse and make any allegation she wants and she will get an RO that day. I have observed women in the courthouse coaching each other on how to fill out the paperwork. Go down to your local courthouse and hang out for an hour in the RO section. You’ll get an earful. It is so bad they ask each other questions like, "What should I write here." That behavior alone indicates the RO’s are based on false accusations many times.

Response:

My ex- became a crystal meth addict and began to hang out with very bad types of people. I tried to control her habit (to be more honest, I was actually trying to control her, and, truth be told, both of us were locked in a infantile and malignant relationship; however, I was the far more formally educated one and easily convinced myself, that I was the more righteous). I began to harrass her new boyfriend (the dealer). (and, even more embarrasing, did this while she was still living with me while I supported her). Eventually, the new boyfriend filed a restraining order against me. Me! Me! and educated and well-respected person was served with an order to appear in court, filed by an idiot. Pompous me that I was, I went to court, convinced that I would prevail and the order would be dropped. I lost. It was humiliating. And I was forced to confront myself… and my arrogance. Shortly after, I had to ask the ex to vacate. Over the two years following, I learned more about myself. I grew. The ex is doing better… I think. And I am doing much better. And, despite the restraining order, I do visit with her on occassion at her new home with the new boyfriend (who still has the restraining order against me; but which we all ignore). I suppose I wear this restraining order with some pride… as a reminder of what an ass I was. Two trite sayings: 1) where there is smoke, there is fire 2) one may not be guilty as charged… but quite likely, one may be guilty of something. I suspect that if someone has filed against you… Well… seems to me that the relationship between you (personal or professional) is malignant… and (sorry for all the triteness): it does take two to tango. Do some reflection. Accept the order… and move on. My 2cents worth… (sorry for this last trite one) tom

Response:

"However, as I say, I have been educated. If I could be slapped with a RO on these facts, any man could." Do you want incidents that only happened to men? Denise

Response:

Well, I have a serious question, and really know nothing about RO. So, please educate me. If someone has a restraining order against you, so what? They don’t want you near them, for whatever reason, badly enough to go to court about it. So, don’t go near them. Seems like a win/win, and they spent money on lawyers. J

Response:

Hi folks, I’d like to create a resource for lobbying efforts of evidence of bona fide abuses of restraining orders. If anyone has cases of solidly provable baseless restraining orders, I’d like to hear from them, particularly in Washington State, USA. I am a lawyer who personally received a recent education on this problem: I am not married or divorced, and have never been cited for harassment or criminality. I filed suit against a defendant, female, as part of a soundly-based business & personal defamation claim against 2 people, there was no relationship or supporting facts to sustain a restraining order, the RO petition withheld from me the nature of the allegations I was to face at the hearing, I would have had a solid, provable case against the order if I had been given notice of the allegations I would face, and a restraining order was granted on the basis of fantastic and thoroughly perjured testimony that this woman gave to the effect that we had once had a relationship that went bad. I have filed my appeal. Luckily for me, my case clearly involves a violation of due process and 1st am. under WA’s interpretation, it does not take place within the context of a relationship or other facts that could have supported the order, the petitioner failed to allege any wrongdoing other than written protected speech (no calls, visits, threats, etc.) which even if true could not support a RO, I have solid documentary evidence and witnesses to prove my case that every last allegation by her is false, there are multiple solid legal bases for my appeal, and it is provable that this was nothing more than a fairly vicious attempt by a desperate defendant who falsely believed that she could defeat my complaint if she could get a restraining order. It has also clearly added to my claim for defamation, and I am also making a complaint to the prosecutor’s office re: perjury, a felony in this state. I do not expect them to be enthusiastic about this case, because it involves a woman and a restraining order, but I am going to lobby hard for prosecution. In short, my professional opinion is that my appeal has a good chance, and in any case the defendant will certainly pay a stiff financial price for her actions in legal fees at least, and it is hoped, a damage award. However, as I say, I have been educated. If I could be slapped with a RO on these facts, any man could. Clearly they hand them out like candy, ROs are clearly routinely used tactically as was this without regard to the truth or their necessity. This problem clearly needs to be addressed. First step is a credible resource documenting abuses. Contributions are solicited and appreciated. Unfortunately we can’t use cases that involve actual violation of restraining orders, but only those cases wherein a restraining order was granted on provably false grounds.

Response:

Filed under: Lobbying

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