The restraining order process has become a perfunctory routine verging on a skit, a scripted pas de deux between a judge and a complainant. Exposure of the iniquity of this procedural farce hardly requires commentary. Upon the basis of a manifestly crooked “adjudication of facts” like this one, a defendant will be confronted at his or her home by an officer of the state and presented with a minatory order of the court alleging anything from harassment to stalking to threatening conduct or battery and warning him or her that s/he’ll be subject to arrest and incarceration for violation of that order. This alone is excruciatingly humiliating and nerve-wracking, and brings a defendant’s life to an abrupt halt. These allegations become all s/he can think about—and this state of emotional anarchy may be one that a defendant is forced to live in for years (while everything around him or her deteriorates). Restraining orders expire but never wither and fall off the books unless vacated. All this horror may be based on allegations that are false and/or coerced. It’s no wonder that some defendants refer to the restraining order process as “domestic terrorism.” Once a plaintiff, by contrast, sees how eager the state is to play along, s/he may transform from a child of spite into a monster of menace, and a few impulsive lies may rapidly blossom into a protracted and layered assault. Alleging a defendant violated an order of the court may be as farcical an exchange as the one sketched above, only this time it will be between the plaintiff and a cop: “Did she?” “Um.” “Did she?” “Er.” “DID SHE?” “YES!” A plaintiff may alternatively bait a defendant into actually violating a restraining order’s proscriptions by conveying the message that s/he had the order canceled, cold-calling him or her, or approaching him or her and provoking a scene. A few posts ago, I stressed that the restraining order racket wasn’t the product of a conspiracy, and I keep finding myself having to qualify that. Police officers and officers of the court follow an established protocol, possibly knowing goddam well that its basis is a sham. They don’t perceive this as a collusive act, but an outsider’s perceiving it that way is certainly reasonable. What restraining orders and their policies do is authorize these public servants to act. Though the grounds for action may be arbitrary, those grounds can be represented as sound and just. Policy is clear-cut and easily executed with no risk of repercussions to its agents. That execution may spell the devastation of a life (or several), but it fills the day and ensures that there’ll be plenty more to do tomorrow. restrainingorderabuse/2013/12/28/repeat-after-me-restraining-order-and-fraud-may-mean-the-same-thing/
Posted on: Sat, 29 Nov 2014 00:41:09 +0000