People who exploit restraining orders are not necessarily victims, and they’re not necessarily the “good guys.”
This post will be brief. Its only ambition is to show why restraining orders present trashy people with the chance to commit malicious acts with far-reaching and permanent consequences—and to do it hands-free using our justice system as their bully agent.
- Restraining orders are cheap or totally free of charge (as the Office on Violence Against Women requires).
- They’re available to anyone and require no bona fides at all. Felons can obtain restraining orders just like anyone else. It has been reported on this site that restraining orders can even be procured under assumed names. No i.d. is necessarily required, because accusers are automatically “victims,” and the pretense is that victims never lie.
- Restraining orders are issued ex parte, which means “respondents” (defendants) don’t actually get to be “respondents” until after they’ve been judged and found guilty.
- Restraining orders can be petitioned from other counties or even other states…against total strangers.
- They’re often issued more or less automatically: Ask and you shall receive.
- Lies that aren’t successfully exposed in what may be a 10-minute follow-up hearing cannot be attacked in a collateral action. In other words, if lies work once, they work forever. Defendants cannot sue for perjury, and they cannot base an appeal to a higher court on allegations of perjury or fraud.
- Restraining orders, even if dismissed, remain public records, and the mere title of a restraining order is prejudicial if not damning. They blacken citizens’ names and cost them relationships, jobs, and even employability in some fields (which of course affects them psychologically and physically).
- Restraining orders, because they represent civil not criminal trespasses, can rarely be expunged. Their traces linger even if judges determined they were unfounded or petitioned fraudulently.
- People who lie to obtain restraining orders, including egregiously, are never prosecuted.
Now appreciate that on top of all of this, even if a defendant successfully has a fraudulent order that was petitioned by some lowlife dismissed, that lowlife is likely to be judgment-proof. That means even if the defendant sues him or her for malicious prosecution/abuse of process—a stressful six-month ordeal all by itself—s/he has no chance of realizing any compensation, because the lowlife has no money.
The restraining order is the ideal white trash tool of malice.
Copyright © 2016 RestrainingOrderAbuse.com
*The author of this post attended a criminal arraignment this week. That’s where people who have been accused of crimes plead guilty or not guilty. The city prosecutor, in every instance, referred to accusers as “victims.”