This Blog is intended for educational and informational purposes only. Some posters are court ordered to have no contact of any kind with the person having a Restraining Order against them. Meaning no third party contact as well. If you by chance know a person one of our posters/authors is discussing to share their experiences with others, we ask you to respect our rights to free speech, under the United States Constitution. Restraining Order Blog is not meant to harass, directly or indirectly contact, harm, intimidate, bring any emotional distress, stalk or cyberstalk, nor intentionally slander or damage any individual in any way. Nor is it intended to initiate any third party contact on behalf of any poster or author, or violate a current restraining order in any way either. If you feel there is anything here that is slanderous, untrue, or illegal, please bring it to our attention. We will examine your request promptly, and any post you find offensive will be reviewed for removal in a timely manner. If you have a story to share, email me at ka7niq@yahoo.com, and I will add you as an author on Restraining Order Blog.












11/24/2017

Angela's tits and her restraining order against me

There are a lot of websites out there that discuss restraining orders--with a general sense that restraining orders are very easy to get from the point of view of the petitioner--but there is not a lot of discussion about what actually happens at a restraining order hearing.  I thought I would share a little bit about what happened at my own restraining order hearing.  Bear in mind that I am not a lawyer--I was proceeding pro se at my hearing--but I would imagine that there are others without the financial resources to retain an attorney who could benefit from learning what happens at a hearing.

Angela's first, temporary restraining order against me.  It was in effect from Nov - Dec 2008.  A four year injunction was issued in Dec 2008 and renewed, after a brief gap, in Jan 2013.  It expired in Jan 2017.

The woman who had a restraining order against me, and all the power that that gave her with respect to me, is named Angela.  A restraining order typically starts with the petitioner--Angela--going to court on her own and suing for a restraining order.  During the first hearing, the respondent (me) isn't present and typically doesn't even know about the petition yet.  The judge may (and usually does) grant the restraining order for a short time on Angela's evidence only.  However, the restraining order wasn't considered in effect until I was served.  During this brief time interval, Angela emailed me to say that I imagined myself to be in a relationship with her and she needed to defend herself.  This was a reference to the restraining order although I didn't know it yet.  The next day I was served with a copy of the order by law enforcement while at work.  In her petition against me, among other things, Angela alleged harassment on the grounds that I had made inappropriate comments about her breasts and had propositioned her sexually.

In other words this was a "no means no" type of restraining order.  Angela was saying that "no means no"--reasonable--but also saying she somehow needed the courts to enforce this--not so reasonable in my view.  In particular it wasn't even claimed that I'd in any way refused to accept her "no" to any sexual advance I might have made.

It took a total of three restraining order hearings to resolve the case.  At the first restraining order hearing, I successfully motioned for a continuance on the grounds that the petition had been served late on me.  It had in fact been served late, and the matter was continued for two weeks.

At the second restraining order hearing, I attempted to get the matter dismissed on jurisdictional grounds.  Angela and I once lived in the same state, but have since moved away to different states, so there are three different states involved:  my current state, her current state, and the past state where we both lived.  Angela filed the restraining order in her current state of residence.  I attempted to argue that Angela's allegations--whether true or false--had little to do with her current state, and the matter would more appropriately be heard either in my current state of residence or the past state where we both lived.  Despite the fact that Wisconsin law at the time didn't allow jurisdiction for out of state respondents, Angela was given ten days to provide proof of Wisconsin residence.  She apparently was able to do so, and a third restraining order hearing was scheduled.

Technically no restraining order was in effect between the second and the third hearings, as the existing temporary order could not be extended further.

At the third and final restraining order hearing, Angela and I were the second of two couples scheduled for restraining order hearings that afternoon.  The first couple's hearing was at 1:30pm followed by ours at 2:00pm--giving a sense that the court allowed about a half hour for such hearings.  The judge started the hearing by saying he was denying my motion to dismiss on jurisdictional grounds.  The judge then swore both of us--Angela as petitioner and myself as defendant--in as witnesses.  And there is where I fear that I may have made my first mistake being unfamiliar with the law--although I cannot be sure for exactly the same reason (I am unfamiliar with the law).  In agreeing without questioning it to be sworn in as a witness, I was perhaps foolishly forgoing my Fifth Amendment rights against self incrimination.  Angela clearly hoped to pursue not just a restraining order against me but also she wanted to pursue criminal charges.  I do not believe I ever did anything that rose to the level of a criminal offense.  And Angela never made any headway whatsoever--either before or after the hearing--in pursuing criminal charges against me.  Yet the threat made me nervous especially given that I had no legal representation.  I do not believe I committed a crime but without legal counsel to advise me on how to approach testifying I was quite nervous about suddenly being thrust by the judge into a position of testifying.

The judge then questioned Angela about why she was seeking a restraining order against me.  She reiterated essentially the same claims she had made in her written petition.  The judge allowed her to gloss over the part of her petition where she alleged that I had commented inappropriately on the subject of her breasts.  Notably, however, he did ask her to testify as to her current place of residence--bear in mind that I had previously challenged the petition on jurisdictional grounds.

Next the judge questioned me as to Angela's allegations.  This is where I may have made my second mistake.  Because I didn't know what might or might not have placed me at risk of criminal prosecution, I answered the questions truthfully--but in as noncommittal a way as possible.  As such I probably didn't make a very good impression as a witness--I probably seemed rather evasive.  I would have benefited from either taking the Fifth or discussing with an attorney how best to present my side of the story without exposing myself to greater legal risk.

The final stage of the hearing was when the judge allowed me to directly question (cross examine) Angela as to her allegations.  I had not been expecting this--indeed I had expected the hearing to already be dismissed by this point on jurisdictional grounds--and was not prepared for how best to question her.  Moreover, I was embarrassed both for myself and for Angela about the intimate nature of her allegations, involving discussions of her breasts and my comments on them.  I was not prepared emotionally to have a discussion on such matters in an open courtroom.  As such, I asked Angela only one rather weak question and let it go at that.

I should say that there is some truth to some of the allegations that Angela made in her petition.  However, she often didn't tell the full story, suggesting that any advances I might have made were completely unwelcome, whereas in fact she was often at least somewhat receptive.  Had I been prepared to properly cross examine her, I would have asked her--for example--why when she claimed that my phone calls to her were unwelcome in her petition, she always called me back and adopted a friendly tone of voice.  I do not know what the outcome would have been had I done so.  However because of my embarrassment about the intimate nature of some of her allegations, I never properly cross examined her.  As such, Angela's claims were accepted at face value and the restraining order was put into effect.

As I noted earlier, my main purpose in writing this is to explain what happens at a restraining order hearing--at least at mine--to offer some clues as to how a future defendant might be better prepared than I was.  I am not a lawyer and, of course, the best bet is to hire a lawyer--but if legal representation is not an option understanding as much about the process in advance seems to me to be the next best bet.

11/05/2017

Personal Protection Order (PPO) Questions

Here are some Personal Protection Order Questions from one of our readers.

My wife left me out of the blue, took $20,000 out of our mutual bank accounts, took both vehicles, took our dogs, furniture, shut off our electric, my phone, our cable and internet, and moved into her boyfriends home.  I lost my job because I could not call in or get to work.  Then she told the police that I had chest bumped her, so they came to my home everyday for 9 days while she removed property from the home.  I could not do anything about it.  After 2 weeks of her torture I was able to get back on my feet, at this point she had played the victim and painted me black to everyone I know, nobody would even speak to me.  He cousin messaged me one day after I had met with the Catholic Diocese in regards to my wife abruptly leaving our marriage trying to figure out what I may have done to deserve this.  In talking with her cousin I stated our marriage vows to him, for better or for worst, sickness and in health, till death do us part.  He forwarded this to her and she got a PPO put on me for a death threat and stating that I have many guns.  I dont even own a gun.  I also stated to her cousin that she was diagnosed with Borderline Personality Disorder which she also reported was false in her PPO request.  I have her books, her diagnosis from her psych doc, and a letter she had written to me stating she was diagnosed with that.  I also have all of her appointments and medications she was to be on as she used my HSA card to pay for everything.  My wife recently gave me HPV, 3.5 years after being together.  We had also just bought our dream home.  She had to have a oblation done because of the damage it did to her cervix.  We were only in our new home for 3 weeks, just got the OK to have children and she bolted, taking everything.  Just recently I had went to a mutual friends two year old sons birthday party to drop off a gift.  I pulled into a parking lot close to the building where the party was, not even the same parking lot as the building and as I stepped outside the vehicle there where two police men that pulled up behind me. 
 They asked my name, I told them who I was and they place me in their vehicle under arrest for a PPO violation.  My wife was at the birthday party, I did not know, and at a minimum 300ft from the building.  I never even seen her, she heard that I was coming and had the police waiting for me to arrive.  How can this even be legal?  I was told by the police that she calls at least twice a day claiming PPO violations, they stated that she called the night before reporting she seen me but I never even left my home.  I have never contacted her in any way shape or form.  Ohh, she was taken off her meds for 3 months during the HPV thing, so that we could start having children as soon as she was cleared.  My assumption is she lost her sense of reality, all she can do to save her behind in divorce is has me locked up.  I did file a motion against the PPO the day I received it, however it took 45 days to get a court date.  I am supposed to go to court for this in 13 days, however I now have to deal with this mess.  What are my rights, and why is it that woman can just say whatever they want with no evidence and they believe them, yet I have all the evidence in the world and cant get anyone to even look at it.  HELP!!

8/31/2017

Victimized By Florida Restraining Order

Hello
I'm being victimized in the same way as the blog mentions my wife lied to get into shelter and had painted me as an abuser when she's never been abused ever in her life. They pressured her to file a Florida restraining order with promise of $1500 which she did it to get this money but now can't text or call me
Any help how to deal with this please contact me - it seems the government is against me based on her word alone and prevents me from talking to my spouse to work out the marital problems and uses its taxpayer funds to help her when she is not in any real need - it's like an innocent man trying to go against a system that is above the law and the injustice is rampant with no recourse for the innocent man like myself... 
I feel like I'm the victim in this whole thing being victimized by the shelter and system that's above the law and is funded by tax dollars with no checks to see if the woman's telling the truth just believe whatever lie she tells to give her benefits and free legal help etc when I have to hire lawyer to defend myself etc and they prevent married people from working out their issues because you aren't allowed to speak to your spouse etc instead they should offer counseling to try to save marriages - this is Florida it's happening to me in and they claim to be family friendly state - bs 
If anyone has any help please post something here for me

1/31/2017

The Harm of False Domestic Violence Allegations

The Harm of False Domestic Violence Allegations

Alexa Martin

Every couple fights, the only difference is how heated the fight becomes and what actions take place following the spark of the argument. Take Jeff and his girlfriend, for instance. Both are in their mid-twenties and his girlfriend tends to ‘go off the deep end’ when arguing. Last week, she called the cops on him and claimed he grabbed her by the wrists in attempt to control her. While Jeff was grabbing her wrists in defense, the police arrested Jeff and now he is undergoing extensive scrutiny by police as well as the public. Jeff’s girlfriend called the cops in an emotional state where she thought she could just have Jeff removed for the night. Instead, he is now potentially faced with life-altering judgements by society as well as a restraining order.

False Domestic Abuse Allegations
It is common for a man or woman to call the police during an altercation if an argument gets emotionally and physically charge in efforts to protect oneself. There are many common examples of false abuse allegations such as:

·       Self-defense situations
·       Automatic reactions to pranks
·       Unintentionally blocking the exit
·       Holding the arms of the other person during an altercation.

The list of possible false abuse allegations is extensive but the bottom line is that once a domestic violence call is made, the police must continue the investigation. Typically, nobody can drop the charges but the district attorney. This means that if you claim domestic abuse in the home, and regret it later due to the false allegation, it is now in the hands of the law and the repercussions will follow the abuser.
Most states are required to follow through with an arrest during a domestic violence call to ‘error on the side of caution’. Often restraining orders are brought to the alleged abuser to separate the two-people involved in the violent altercation. Unfortunately, according to an organization called Save Services, 70% of restraining orders are false and 700,000 people are wrongfully arrested for domestic violence every year. Since a restraining order is an official court order, regardless of if you committed domestic violence or not, there are serious consequences if any violation occurs. Craig Orent, a specialized domestic violence lawyer, lays out the different forms of domestic violence:

·       Physical Violence
·       Sexual abuse
·       Psychological abuse
·       Emotional abuse
·       Forced economic dependency

Each form of domestic violence has different repercussions depending on the violence and severity in each case. For example, according to Arizona law, domestic violence can be anything like:

·       Intimidation
·       Harassment
·       Stalking
·       Videotaping without consent
·       Endangerment
·       Kidnapping
·       Emotional abuse
·       Aggressive behavior

The unjust nature of false accusations of domestic abuse extend beyond tarnishing another person's’ reputation in their family, society, and the workplace, but subjecting someone to a restraining order can result in serious fines or jail time if the wrongfully accused ‘abuser’ unintentionally violates the court order. Additionally, the alleged abuser could potentially walk away with an arrest, fines, and jail time for a false conviction; on the other hand, the district attorneys in the United States have never prosecuted the person who made the false claim. Essentially, one party could lose everything while the guilty party could walk away unscathed.

Ultimately, Jeff did not receive jail time because the case was built upon facts and the facts only showed how great he was as a boyfriend- no sign of any abuse. His record was clean, he cooperated with the police force, he hired an experienced attorney, and he is one of the lucky ones that is able to move on knowing he was exonerated.

Domestic violence is a horrible crime that deserves to be punished, but a false allegation is also detrimental and can lead to penalties in all aspects of life. Awareness about the effects of domestic violence false allegations and unnecessary restraining orders is imperative in order maintain a society who upholds justice.

1/30/2017

Harassment Restraining Order Questions


Hello,

Please consider adding my post to your blog,  I'm hoping to get answers, 

I'm in the midst of a restraining order hearing- I am the respondent,

The Petitioner is filing a case against me not for threats, but instead for sending emails to get my property back-
The petitioner blocked my email address, phone number and dropped me from social media.

I wrote several emails, nothing in them was threatening or made any type of accusations, or were disrespectful in any way, actually they were very nice, asking to meet up to get my property back.  The Petitioner has claimed the emails were blocked and were deposited directly into a SPAM folder, now is opening the folder and claiming the peace of mind is interrupted, and its harassing to get the emails.

That is it-  nothing more- and I think the Judge is also wondering where the harassment is- but is anyone familiar with cases that were dismissed becasue the Petitioner claiming harassment because of emails they DID NOT get, but opened later on?

I look forward to any possible comments, how will I know if anyone responds to a blog post?

10/12/2016

Recovering Addicts Share 'Mind-Blowing' Stories About Not Being Judged





Recovering Addicts Share 'Mind-Blowing' Stories About Not Being Judged

Going to rehab can be a scary thing for an addict — even one who desperately wants to get better. When you come clean about your lifestyle and put it out there in the open, it’s hard to imagine that people won’t be judging you at every turn. This likely puts a lot of people off from getting the help that they need, but fortunately those that make the leap to rehabilitation tend to find that there is a lot less judgment than they expect.

Christy, a recovering addict, needed to go through some difficult emotions and deep, personal issues before getting the help she needed. She’d had an affair and felt she had neglected her children, and she felt a great deal of shame. She had a hard time finding someone to talk to without fear of judgment until she went to rehab. 

“I was able to open up about it,” she told me. “I guess I thought that everybody would think I was a horrible mother and wife. But nobody judged me; these people have done bad things too. They’re not here to judge me. They accepted me. They hugged me and told me it was OK while I was crying and admitting things.”

Zach, who recently reached his first year of sobriety, told me he felt “empty and alone” when he first arrived at rehab.

“I was ashamed of myself, I felt guilty, and I didn’t think anyone else was going through what I was going through. I had a wife and kids, other people I was responsible for. I thought I’d go there and have people judging me. But it was mind-blowing when I got there. I’ll never forget when I first got to my treatment facility. I had just gotten out of my intake with the nurse, and she introduced me to someone. He said, ‘Hey, friend! What are you here for?’ And I told him. He said, ‘Don’t be ashamed — we’re all addicts here!’ That’s something that’s always stuck with me.

“I didn’t think anyone else had ever been where I was in life, or would be able to relate to anything that was going on in my head,” he added. “That was also a big part of why I didn’t hide out in my room. People would walk by me and introduce themselves when I first got there, and it was still kind of overwhelming because I was still withdrawing. It was mind-blowing how people really connected with me without even talking to me, and just knowing what was going through my head just by me being there.”

“It felt great,” said Jeff about his experience at the Treehouse, an Addiction Campuses facility in Texas. “The wall I had built kind of started to come down. It was beautiful because here I was with a bunch of strangers, but yet in some form or fashion, I could relate to every single one of them. You don’t have to feel like you’re being judged or you're going to let anyone down. There’s no reason to feel guilt or any shame. It was only supportive. It was very freeing.

“It was especially helpful being able to unload all of my thoughts and all of my baggage having been such an isolated user, and having people tell me, ‘I’ve felt that exact same thing.’ I felt like I was the only one — in the billions of people that have ever lived — who had ever had this problem to this degree. But of course that’s not true. And a lot of people have it a lot worse.”

Jeff was struck by how people were not forced into interaction and the freedom that was allowed.

“I learned more from my fellow addicts than I learned from anybody there,” he recalled. “It was a beautiful experience and I’m very grateful to have taken part in it. ...

“It showed me that it doesn’t have to be that hard,” he added. “It’s all about being honest — you’ve got to be honest with yourself and you’ve got to be honest with others, and that’s hard. It’s especially hard to be honest with yourself. It was amazing taking a step back and looking at what I’d done and being able to forgive myself and ask for forgiveness without dwelling on it. You’ve just got to let it go. My fellow addicts helped me to do that with their stories. I didn’t expect any of that to come out of it.”

Scott, another recovering addict, shared some interesting perspective as someone who helps others through a commitment group. He stands in front of groups and opens meetings. He called himself the “face of the meeting”.

“The one thing you don’t want to do is come across as preaching, because not everyone is ready,” he explained. 

“You don’t judge, because you’re not there to judge,” he told me. “When people talk at the podium, you don’t judge and you don’t compare — you’re just trying to identify. You don’t listen to someone speak and say, ‘I didn’t do that, so that must not be true.’ You have to identify and not compare. If I compared myself to others, I probably wouldn’t be sober.”

Everybody goes through traumas and dramas and has had things happen that brought them to where they are now,” said Lincoln, who hit his first year of sobriety this past summer. “But no matter what you’re going through, somebody has been through it before you, and somebody was able to get past where you are now. A lot of people think their problems are too much for any one person to handle. But just because someone has a smile on their face every day doesn’t mean they haven’t been through tough times. That’s the benefit of having AA and support meetings — once you walk in, you already know those people have had the problems you’ve had. No one is judging you. ...

“I’ve done a lot of really wrong things in my life — not because I was raised to be that way, but just through using and wanting to get my next fix,” Lincoln admitted. “I was blown away being at the podium and speaking to groups and not being judged. I talked to my father for the first time in a year and told him I was remorseful for the things I had done, but it was hard to be sorry — if things hadn’t happened the way they did, I wouldn’t be where I am now.

“Everybody has a past. Nobody cares about the past. To me, the past is a non-issue. You can’t judge someone on their past. If we’re judging someone on their past mistakes, no one will get out alive. I like to think, ‘What are you doing now to make yourself better for tomorrow?’”

Lincoln’s words of wisdom really are the key to sobriety. It’s important to be honest, but you can’t dwell on the past. It’s all about making things better, and it’s amazing how much support these recovering addicts have managed to find when they put in the effort to make that improvement a reality.

5/11/2016

Wrestler Arrested In Hillsborough County Florida For Domestic Violence

I just saw this on the news, and it is important to reserve judgement until this Hillsborough County Man has had his day in court. It really is a sad situation when 2 people are trying to talk out their problems w/o getting the Police involved that a person can be arrested and charged with a Felony for "Tampering with a witness". In fact, the penalty for "Tampering with a witness" is much more severe then the penalty for actually hitting a person in a Domestic Violence incident. I guess the Police here in Hillsborough County Florida value a witness who can testify and make a case against someone more then a victim who has been beaten. Imagine a Man and his wife have an argument, they both scream at each other, and the wife goes to call the Police. The Man, not wishing to have his neighbors see the Police come to their home, simply grabs the phone from his wife. That simple act of not allowing his irrational wife to call the police will get you charged with a Felony here in Hillsborough County Florida. And, get this, it matters not if the domestic violence charges are proven to be untrue and dismissed in Court or not. Here is the story below of The Wrestler Known As Adam Rose, Who Was Arrested Here In Hillsborough County Florida For Domestic Violence. Hillsborough County deputies arrested WWE star Raymond Leppan Wednesday. Leppan, 36, is charged with domestic battery and preventing the victim from contacting law enforcement. Leppan is known as Adam Rose. Deputies said he engaged in a verbal argument with the victim about marital problems at a residence in the 18000 block of Sparrows Nest Drive. Leppan “grabbed the victim on each side of her face with his hands and pulled her face close to his while he screamed at her,” deputies said. When the victim called 911, Leppan allegedly took the phone away so she couldn’t report the incident. “The defendant admitted to taking the phone away from the victim so she could not report the incident,” deputies said. The WWE released the following statement: “Raymond Leppan (a.k.a. WWE Superstar Adam Rose) was arrested at his home this morning by the Hillsborough County Sheriff’s Office in Tampa, Fla. According to a police report, Leppan was taken into custody and booked on alleged charges of tampering with a witness, a felony, and battery domestic violence, a misdemeanor. He is currently being held without bond. WWE has zero tolerance for matters involving domestic violence, and per our policy, Raymond Leppan has been suspended indefinitely following his arrest.”

5/06/2016

Man Seeks Restraining Order Against God

An Israeli man has launched a campaign to stop God interfering in his life after three years of poor treatment at the hands of the Almighty. The unidentified man submitted a restraining order request against His Holiness at an Israeli court on Tuesday. He said that God had been bothering him for three years and that repeated requests to the police had been ignored, with the authorities only sending patrol cars to his home on 10 occasions and not taking his calls seriously. Authorities eventually told the man to take out a restraining order in court against the Lord, he said, so he duly obliged at the Magistrate Court in the northern Israeli port city of Haifa. “For the past three years He started to treat me harshly and not nicely. I complained to the police many times. The Israel police asked me to take out a restraining order,” the man said in the proceedings at the court, according to Israeli news site NRG. God appeared to take note of the man’s complaints as the document of the court proceedings, published after the restraining order request, noted that He did not present himself at the hearing. One has to wonder if a warrant for God's arrest was issued by the judge for failure to appear ? The ruling judge, Ahsan Canaan, threw the request out of court, saying that the attempt was absurd and that he should seek help elsewhere and not from the local authorities, The Times of Israel reported. God was not immediately available for comment.