HAS SOMEONE HURT YOUR FEELINGS?
WANT AN EASY WAY TO STEAL SOMEONE’S CONSTITUTIONAL RIGHTS AND FREEDOMS AWAY?
IT’S SO EASY THAT ANYONE CAN DO IT AND IT WORKS ON EVERYONE (EVEN YOU).
1. Make a quick visit down to your local courthouse . No need to talk to a judge, just the Court Clerk at the front desk will do.
2. Tell the Court clerk that you “Feel Threatened” by your Target because (INSERT FLAT-OUT LIE HERE). Don’t worry about being caught lying because, even if you somehow get caught, there is no penalty for doing it whatsoever. Besides, everyone’s doing it.
3. You will be required to submit a few sheets of paper and maybe submit a small fee to carry your deed out. However, if you don’t feel like filling out the paperwork, the Court Clerk will be happy to fill it our for you (Job Security and Budget Justification), and they’ll just have you sign it. She’ll probably even tell you the things you need to say to make sure you’re successful. If you can’t pay the nominal fee, just ask the Court Clerk to fill out one more piece of paper and the taxpayers will pick up the tab for you.
4. The paperwork you showed up to sign is actually called an “Ex-Parte Petition” for “Orders of Protection” (Restraining Order) and will be transferred to a judge for boilerplate approval. Restraining Order you say??? but your target never came into into physical contact with you, That’s OK. You see, based on this special set of “Assault” Laws, you just simply have to say that you “Feel Threatened” by your Target (Criminal Threatening).
5. Here’s where the magic happens. This “Ex-Parte Petition” non-sense somehow allows a judge to take immediate hostile action against your Target, without hearing their side of the story or the presence any substantive evidence. It’s just based merely on your lies and hearsay.
10. Here’s the best part: Although you initiated a “Civil” process, this matter “Magically” turns into a Criminal case against your Target. Your Target will instantly become guilty until proven innocent as a “Defendant” and Police will be immediately be sent to your Target’s residence to confiscate anything that can be “classified as a weapon”, including collectibles and family heirlooms (hell, the kitchen sink, if they feel like it), hunting licenses and firearm permits (by force if necessary). Your target will instantly be prohibited from volunteering for things like Coaching and other youth mentoring activities, ordering certain items from catalogs – and even be restricted from engaging in certain types of employment. If you are lucky, your lie can even get them fired from their current job.
11. Your target may become so saddened and confused with these actions taken against them by the Government, that they may actually voice their concerns to the attending Police Officers in their home. BONUS for you if so, because your Target will also most likely be arrested on the spot for disorderly conduct in their own homes. Imagine the embarrassment you’ve caused your Target already within their community, but wait – It Gets Better.
12. If you really want to turn the screws on your Target, just followup with the phone number that the Court Clerk gave you when you filed and contact your area’s “Victim Services” Office. They love getting involved because they have many ill-guided first year graduate attorneys that are just frothing at the mouth to do some free legal work for the experience (Pro-Bono). They will also get to feel self-righteous and pretend that they’re making a difference in the world. They will be more than happy to navigate the legal course for you to ultimately destroy your Target’s illusion of American Freedom by making these reduction of their U.S. Citizen rights permanent.
If this sounds far fetched, don’t worry, you’ll get away with it. In fact it’s estimated that about 2.5 million people have a part of their lives destroyed by this Liberty-smashing process – Every Year! 9 times out of 10, YOU WILL GET AWAY WITH IT!
Retraining Orders / Orders of Protection (AKA – the “You-Hurt-My-Feelings” Law) – This is more of a State level issue, but, because the U.S. Supreme Court supports and upholds This ineffective Liberty-Smashing, Federal Money Making legal maneuver, I’m making a Federal issue out of it.
As a “progressive emotional add-on” to already accommodating assault laws, this liberty-smashing process, that was initiated exclusively to protect battered and abused women, has since become a primary weapon for disgruntled partners. It’s estimated that over 2 million Americans lose their basic Constitutional rights to this process – EVERY YEAR! What’s worse is that, there is no concrete burden of proof required by the accuser in order to place a restraining order against you, which subsequently can lead to your arrest, revocation of your basic Constitutional rights, confiscation of property and a life-altering permanent criminal record.
KEY CONSTITUTIONALLY PROTECTED RIGHTS AT RISK:
Article 1, Section 9 – Which states: “The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.” This requires an authority to prove to a court why it has cause to hold someone. Restraining Orders “temporarily” bypass this constitutional step, as the accused is instantly assumed guilty before somehow proving themselves innocent.
Amendment 2– The right to bear arms. The accused will have anything deemed as a firearm, weapon or ammunition confiscated immediately without due process.
Amendment 4 – Unreasonable Searches and Seizures. Yep, the Police will come right in to your residence without any warning or search warrant. Go ahead, try to resist and you will get a free, but unfriendly ride downtown.
Amendment 5 – Right to due process / No double jeopardy. The same accuser can keep trying to take restraining orders out on you as many times as they like, until the charge sticks (Although, it will usually only take once)
Amendment 9 – which clearly states:
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people”.
Beginning in the 1970s, restraining orders were introduced as a “tool” to help protect battered women (somehow the law of simple assault for causing bodily harm was not enough ??????). However, in the rush to protect the “abused”, the rights of the accused are being violated on an unprecedented scale.
Protective orders are rife with ambiguity and contradictions, and are routinely issued by the court in family law proceedings, even when there is relatively meager or NON-EXISTENT evidence, and usually without notice to the restrained person.
It’s now a common known fact, even in the law enforcement community that most domestic violence restraining orders are simply tactical maneuvers designed to gain advantage in high stakes family law proceedings. In fact the Illinois Bar Journal goes as far to call the orders “part of the gamesmanship of divorce.”
HOW IT WORKS
The accuser simply has to state to their local city or town court clerk that they “Feel” threatened by someone. An instant temporary restraining order is issued will be issued against you without your being there to dispute the accuser’s claims. This happens with a standard legal maneuver called “Ex Parte”, a Greek term which means “based on one party’s request without hearing from the other side”.
From there, your local police will enter your house without a warrant and confiscate your firearms. If you happen to live with or near the accuser, the police will either evict you from your own home immediately without warning or arrest you on the spot. That’s it! As with me, my ex-roommate had moved out a month BEFORE he filed his order of protection against me and I was still forced out of my home that I had never left to begin with!
Sure, stalkers and abusive spouses suck, but that’s why we have trespassing and assault laws on the books. That plain and simple fact is that there is no piece of paper in this world that can prevent someone from performing a violent act.
The word “violence” covers a broad spectrum. Back in the old days, it varied from between a physical altercation amongst two beings where a slight injury may be the outcome to war and genocide where millions may die as a result.
Nowadays, with the language of restraining orders, violence can be as simple as making someone “Feel” threatened, whether intentioned or not. Yes, someone can literally feel threatened by your presence and take out a restraining order against you within a hour.
I’ve read through hundreds of stories from people who have had an accuser say they feel threatened by them, to merely secure a legal advantage. The cost, of course is the accused’s liberty and freedom. After all, since you can’t prove a negative, how do you “prove” that someone shouldn’t feel threatened by you. In essence, how is a man supposed to prove to a court clerk or a judge (both, who’s job security and their livelihood benefit from frivolous legal proceedings) that a woman shouldn’t feel threatened by him.
Before you answer, consider our society’s stigma. How would you react if a 6’2, 310 lbs man came to you and told you that he “felt threatened” by his 5’5″ 120 lbs girlfriend, to the point where he was fearful for his life? Exactly!! But she can still squeeze a trigger, right? This whole thing is a ridiculous, unnecessary and counter-effective infringement on liberty that takes unnecessary steps beyond simple assault and trespassing laws.
Allegations of domestic violence or abuse have become a standard tactic in most divorces today with virtually no recourse for the husband. According to the Equal Justice Foundation, about half of the hundreds of married men they’ve been in contact with have been charged with domestic violence or abuse only after finding their wives were having an affair. Their website goes on to state:
“Under current laws such false allegations are standard as they give the adulterous wife the house, the car, the kids, the bank account, and anything else she wants with no questions asked, i.e., due process is a thing of the past. She will also almost certainly receive child support even if the child(ren) prove not to be her husband’s. And there is no penalty for her perjury.”
IMPACTS ON THE ACCUSED
For starters, You can download a handy flyer about dealing with restraining orders here from our good friends at the Equal Justice Foundation.
So, thank gosh for restraining orders! Before them, there were hardly anyone left in America’s households because of so much domestic violence. But now, thanks to that piece of paper, American households are a much safer place, right? Think again. I am compiling stats on the counter impacts that restraining orders have had on society. Stay tuned!
A democracy is nothing more than mob rule, where fifty-one percent of the people may take away the rights of the other forty-nine. ~ Thomas Jefferson
THE REAL ISSUE(5 WHYS)
Problem: Society felt that Woman were not being adequately protected from violence in the home.
1. Why? Though the 1950’s, America’s cultural standard was the Women in relationships were to be subservient to their male counterparts. This led to an emergence of awareness about violence and other forms of abuse occurring in homes
2. Why Violence Occurring in Homes? Many believe that, because of cultural influence at the time, law enforcement officials (a vast majority being male) would not act accordingly when called on for assistance from assaulted women, particularly if they were married.
And there you have it, and it only took 2 why’s to get to the root of the problem. Early law enforcement didn’t do their jobs and now we’re all paying for it. Typical!! Obviously, if the male dominated law enforcement agencies of the time were not culturally compelled to neglect their duty to enforce basic laws, so called “Domestic Violence” would have been headed off by simple assault charges.
Why should we have to sacrifice our basic rights and freedoms for law enforcement’s early short-comings? The whole “Domestic Violence” movement is completely unnecessary in modern day U.S. society IF Law enforcement re-commits to doing the job they should have been doing in the first place. The US Supreme Court needs to find Restraining Order / Orders of Protection unconstitutional, which will force state legislators to repeal this mess as soon as possible. It mainly has to happen for the following reasons:
1. The common practice of restraining order execution across the states are in clear violation of the Articles and spirit of the Amended U.S. Constitution.
2. Restraining Orders, particularly ones based on fictitious grounds, do NOTHING to protect the accuser. To the contrary, it puts them more in harm’s way. If an individual is hell-bent on breaking the law, no piece of paper is going to stop them. These “Protective Orders” once put in place do nothing but instigate any situation, especially once the accused learns the scope of the unconstitutional repercussions levied on them.
3. The process unnecessarily opens the door to more government intervention into our lives
4. The taxpayer cost savings of repealing restraining orders is overwhelming! Sure, we may have to release a few judges and other judicial bureaucrats from State and Federal payroll, but most of them have legal litigation experience, and there certainly is no shortage of ambulances to chase.
FORESEEABLE FUTURE IMPACTS
It’s highly unlikely that mass domestic beatings and murders would occur the day after Restraining Orders are ruled unconstitutional. Equally enforcing simple assault charges that are supported by our usual Constitutional due process is more than enough to keep our society relatively orderly.
**My ex-roommate, Edward (Ned) Bernard Lines, Realtor/Broker at Mountain Lake Realty in Sevierville, TN filed an Order of Protection against me, Betty Krachey, when we weren’t even living in the same house – Ned Lines had been living in his real estate office/house for almost a month BEFORE he had his “concerns of physical harm” by me. He asked people all over Sevier County (lawyers, policeman, ex-TVA policeman) if they thought this was going to work to get me kicked out of my own home that I was living in and he was told YES, but first he would have to start a paper trail on me by getting local police involved – which he did! He set me up and called the cops on me two days before he had me served with his order of protection claiming he feared I would cause him “physical” harm. I lived with this so-called “man” for over 20 years and never once in those years did he have these fears. For years I had begged Ned over and over to “lets figure out a way to end the mess we were in and go our separate ways”. But he would just act like he didn’t hear me or tell me there’s no way we can go our separate ways because we owed too much on the house we built together. I even had an appointment with an attorney the Tuesday before Ned set me up. I was going to talk to the attorney to try to figure out a way to get my name off our house! Ned talked me into cancelling my appointment. Ned said all the attorneys were going to do were cost us both a lot of money. At the time I had no idea Ned had another plan and was trying to steal everything I had from me – his way!
Everyone thinks something like this can’t happen to them, but believe me, if you live with a vengeful person who thinks they finally have what it takes for someone else to put up with their bullshit – it can and I’m guessing if you looked up my blog or website it has happened to you or someone you know!! People need to start fighting back to get this shit to stop. Too many women and “men”, like Ned Lines, have been allowed to walk away for filing these false reports and it’s time to put a stop to it. I’m happy to say I’ve been hearing from more and more people who are not just sitting back and taking the shit any longer and it’s about time!