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.












10/30/2009

Restraining Orders - Challenging Their Constitutionality

Restraining Orders are going to someday be found to be Unconstitutional in our opinion.
Something is really wrong with a law that allows a woman to claim she is scared of you in court, yet see and contact you all she wants.
But God help you if your see her.
This is unequal justice under the Law, and just plain unfair.
Here is a New Jersey Attorney challenging this bad law.
We here at Restraining Order Blog hope he wins!

NJ Attorney Challenges Constitutionality of Restraining Orders
David Heleniak, a Morristown, NJ attorney, has filed a motion on behalf of his client, John Paulsen, to vacate a final restraining order (FRO) on the ground that it violates Paulsen's constitutional rights.

Heleniak gained recognition on the issue of domestic violence restraining orders with his 2005 law review article "The New Star Chamber: The New Jersey Family Court and the Prevention of Domestic Violence Act." More recently, in Crespo vs. Crespo, Heleniak won a landmark decision in which the Honorable Francis Schultz of Hudson County ruled that the criteria for a FRO must be "clear and convincing evidence" rather than a "preponderance of the evidence." That verdict made Crespo vs. Crespo a glimmering hope to anyone who was ever hit with a frivolous restraining order – until it was recently overturned by the New Jersey Court of Appeals.

"They were dismissive of the whole idea [that the NJ domestic violence statute could be unconstitutional]" said Heleniak. "In fact, they dealt with some of our best points in a footnote [7], in which they said they were unworthy of discussion. I think they're hoping the issues go away."

Heleniak, disappointed with the decision of the Appellate Division, has asked the NJ Supreme Court to take the Crespo case and has forged ahead with Paulsen in a similar action with a motion to vacate a domestic violence restraining order on constitutional grounds in the local Morris County family court.

"I believe their [the Appellate Division's] refusal to address some of the issues head-on affects their credibility. It just looks like they were ducking," said Heleniak. "But at some point the issues will have to be addressed at a high level. There are just too many cases out there with the same story – a restraining order handed down without sufficient evidence that ruins a man's life and the lives of his children."

Paulsen said that the FRO against him was nothing more than a tactical maneuver to gain an unfair advantage in the litigation process.

"The allegations of abuse against me that gave rise to the FRO were manufactured by my wife to gain a tactical advantage in a divorce that she had decided she wanted months before the allegations were made," said Paulsen. "In fact, she had surreptitiously had several meetings with her divorce attorney and was using the threat of a restraining order as a means of intimidation within our marriage for over a year before she used it as a first strike weapon in the divorce."

A recent analysis notes that unwarranted restraining orders create a "ripple" effect that can persist for many years, harming the alleged person's reputation, legal standing, security clearances, career prospects and financial status. In many cases, it also affects the person's relationship with their children, often causing devastating and permanent harm to that relationship. (A Culture of False Allegations, http://www.radarsvcs.org/docs/RADARreport-VAWA-A-Culture-of-False-Allegations.pdf.)


False allegations not only damage the individual falsely accused, they also affect other family members who may be barred from seeing a grandchild, nephew, or niece.

Special reports regarding domestic violence restraining orders can be viewed at http://www.mediaradar.org/radarServices_special_reports.php.


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Date of RADAR Release: September 28, 2009

R.A.D.A.R. – Respecting Accuracy in Domestic Abuse Reporting – is a non-profit, non-partisan organization of men and women working to improve the effectiveness of our nation's approach to solving domestic violence. http://www.mediaradar.org



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11 comments:

  1. I am on the 5th year of an order for protection against me for repeat violence out of Collier County Florida. I caught my fiance in a two year relationship with another man and found out that the child I was raising was his. All I did was call this guy on the phone and then 7 months later went to his wife's house and told her that her husband made a child with my fiance. He was able to convince his wife to help him in court to get a restraining order against me. I never saw this guy before court and the wife never claimed that I threatened her. They still granted the protection order. This guy ended up divorced and dumped my fiance but I still have to explain this restraining order even though I moved to Colorado. I can't even get a job. Someone stop this unconstitutional abuse of the courts. I have never committed violence against these people, let alone repeat violence. I don't have the money to fight this. Help!

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  2. U r pretty much screwed! The time to fight a restraining order is in the early stages, to keep it from being granted. It will follow you around for life. Now you KNOW why I created this restraining order blog, to tell MY side of the story.

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  3. Seems a little unfair. But what about the women that actually need an order to protect them. There are men out there that can be very violent and threatening.

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    Replies
    1. they already have laws on stalking and harrassing on the books
      please get real evidence and convictions in a court of law
      before taking away someones constutional rights

      Delete
  4. David B. Dohner, Esq.: To All Those Truly Concerned With the Abuse of Florida's Domestic Violence Statute, Particularly the Most Easily Manipulated Component of this Statute, the Easily Obtained and Commonly Abused Ex Parte Injunction for Protection Against Domestic Violence - Far and Away the Most Potentially Destructive Aspect of These Laws to Individuals, Generally Men,Their Lives; Their Reputations; and Their Children Who are Used By those Willing to Commit Perjury to Obtain these Weapons - so Often Deadly to the Relationships Which Many Good Men Have With Their Children, Who are Made to Suffer While Vengeful Ex-Spouses Make Claims in their Absence that Once Initiated Become Political Grenades No One Wishes to Touch.

    Like so many of my cliets past and present, my children and I have suffered tremendously at the hands of my former spouse, Kimberly Jane Shafor, a long-time supervising attorney with the Department of Children and Families. Quite a combination to work against in a divorce and custody battle.

    For anyone interested, I am initiating a challenge to the Constitutionality of Florida's Domestic Violence Laws, and same will begin at a hearing this Thursday, January 17, 2013. If we wish to verify my credibility, I encourage you to simply Google D.C.F. v. D.B.D. and write to me through this blog or directly at daviddohneresq@gmail.com.

    Good luck and God Bless any of you who have gone through similar hell, and your poor children.

    Sincerely,

    David B. Dohner, Esq.

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  5. I'm the alleged 'victim' in this case. It was a stupid argument that escalated and was made worse because he was arguing with me with a knife in is hand. I sustained zero injury from the incident, yet he is now facing as much as 25 years and was slammed with felonious assault as well as a no-contact order. The no contact order has completely ruined our lives in as little as 1 week. He lost his job, we are about to lose the roof over our heads, and the whole victim advocate thing is a sorry bunch of sh*t. They offer 0 support when all is said and done. I will never ever invite these sh*ts into our lives again. And those so-called victims advocates can kiss my backside profusely. Or do they think I'm better off homeless and open to rape and murder in the streets as I am now?

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  6. My live in girlfriend of 10 plus years have recently bought a house And are going thru the unbearable process of closing on this fricken thing...which has been More than stressful on both of us. Due to delays And crazy tactics by the mortgage lenders And underwriters trying to squeeze every penny they can out of us before closing And delays in the moving date which is causing us to live out of boxes currently. Anyway.. We have had verbal disputes lately regarding the entire house buying process..as I'm not thrilled with the house we purchased exactly but hey...i want her to be happy!!! ☺ however yesterday it all came to a head when yet anther closing day was called of which caused all the frustration to surface once again. I would like to state that during our 10+ year relationship there has never been any physical abuse whatsoever between us other than one time she was drunk and the a small table fan at me because i was out late with the guys one nite. But that was 8-9 years ago at the beginning of our relationship. And nothing since.. However i do have a drug history (over2years of sobriety currently) and she has gotten restraining orders on me previously to keep me away from the children while i was using. But never any violence and she's always had them removed or simply didn't show for the return hearing. So after a very simple argument yesterday..thru text message btw. Not even face to face even tho we were both in the same house. She decided to go out and buy a bottle of vodka. Given she's 5'1 and 100lbs she before very drunk very quickly.. Now during our "argument" if you could call it that. I was completely calm and respectful. (This is all documented in text messages) and you could slowly notice her getting belligerent and unreachable.. So she confronted me face to face and i simply told her i was not going to talk to her in that condition. This lead to her going into the house and screaming at the to of her lungs for a good amount of time. Slamming doors slamming other objects around. All while my5year Old son was sleeping in the house. It got to the point i had to call the police because it seemed to be escalating. I waited out front for the officers and explained to them the situation.. We proceeded to the back entrance of the house where the officer and myself watched her stumble up the stairs drunkenly and lock the door and lock herself in the room. After several attempts to contact her were unsuccessful i recommended i climb thru a window which the officers agreed to. When they finally made contact with her she pretended to be asleep and played dumb! Cops were not happy that she was lying to their faces and treating them like idiots when they're there to try and help mediate the situation. Anyways we both agreed that we were fine with each other in the house. However she ended up going to her mom's. Very upset about me calling the police. Still very drunk i had to threaten to call them back had i seen her get in the car and driving. Which she didn't. Her mother lives in walking distance. She remained there for the duration of the night. She shows up in the morning with her mother and takes my son and my dog.. I ask her what she's doing and she says "just going to my mothers for a little while" i asked her if she was sober and she said yes so i agreed to let her take him. She's a registered nurse and a wonderful person. I don't wanna paint her as An alcoholic. Because she's definitely not. She just can't handle booze when she does drink. So approx a half hour after she leaves I'm trying to now communicate with her now that she's sober. She sends one text saying it's over and i have to leave.i tell her in the kindest way possible that it's my house too and I'm not going anywhere. I then call the police and fill them In. Just in case she decides to make false claims. A half hour after that, the police were at my door serving me an emergency restraining order for emotional duress!!! No violence. Just emotional duress.

    ReplyDelete
  7. My live in girlfriend of 10 plus years have recently bought a house And are going thru the unbearable process of closing on this fricken thing...which has been More than stressful on both of us. Due to delays And crazy tactics by the mortgage lenders And underwriters trying to squeeze every penny they can out of us before closing And delays in the moving date which is causing us to live out of boxes currently. Anyway.. We have had verbal disputes lately regarding the entire house buying process..as I'm not thrilled with the house we purchased exactly but hey...i want her to be happy!!! ☺ however yesterday it all came to a head when yet anther closing day was called of which caused all the frustration to surface once again. I would like to state that during our 10+ year relationship there has never been any physical abuse whatsoever between us other than one time she was drunk and the a small table fan at me because i was out late with the guys one nite. But that was 8-9 years ago at the beginning of our relationship. And nothing since.. However i do have a drug history (over2years of sobriety currently) and she has gotten restraining orders on me previously to keep me away from the children while i was using. But never any violence and she's always had them removed or simply didn't show for the return hearing. So after a very simple argument yesterday..thru text message btw. Not even face to face even tho we were both in the same house. She decided to go out and buy a bottle of vodka. Given she's 5'1 and 100lbs she before very drunk very quickly.. Now during our "argument" if you could call it that. I was completely calm and respectful. (This is all documented in text messages) and you could slowly notice her getting belligerent and unreachable.. So she confronted me face to face and i simply told her i was not going to talk to her in that condition. This lead to her going into the house and screaming at the to of her lungs for a good amount of time. Slamming doors slamming other objects around. All while my5year Old son was sleeping in the house. It got to the point i had to call the police because it seemed to be escalating. I waited out front for the officers and explained to them the situation.. We proceeded to the back entrance of the house where the officer and myself watched her stumble up the stairs drunkenly and lock the door and lock herself in the room. After several attempts to contact her were unsuccessful i recommended i climb thru a window which the officers agreed to. When they finally made contact with her she pretended to be asleep and played dumb! Cops were not happy that she was lying to their faces and treating them like idiots when they're there to try and help mediate the situation. Anyways we both agreed that we were fine with each other in the house. However she ended up going to her mom's. Very upset about me calling the police. Still very drunk i had to threaten to call them back had i seen her get in the car and driving. Which she didn't. Her mother lives in walking distance. She remained there for the duration of the night. She shows up in the morning with her mother and takes my son and my dog.. I ask her what she's doing and she says "just going to my mothers for a little while" i asked her if she was sober and she said yes so i agreed to let her take him. She's a registered nurse and a wonderful person. I don't wanna paint her as An alcoholic. Because she's definitely not. She just can't handle booze when she does drink. So approx a half hour after she leaves I'm trying to now communicate with her now that she's sober. She sends one text saying it's over and i have to leave.i tell her in the kindest way possible that it's my house too and I'm not going anywhere. I then call the police and fill them In. Just in case she decides to make false claims. A half hour after that, the police were at my door serving me an emergency restraining order for emotional duress!!! No violence. Just emotional duress

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  8. emotional duress!!! No violence. Just emotional duress. I was evicted from my home with nowhere to go while she had her mom's house she could have stayed at had she truly felt "threatened" so in a nutshell...she gets drunk during an argument. Blows up with my son in the house. While i remain calm and dignified thru the whole thing.. She lies to the police about the situation. Leaves to her mom's for the night and gets a restraining order on me. Thing is we still love each other very much. And I'm99 percent sure she either won't show up or eventually remove the order And we'll make up. She's just upset and were both pretty stressed about the house buying situation.What do you think my odds are on Monday for the return date at court. Yes she got an emergency restraining order for this,On a weekend! Any help is much appreciated

    ReplyDelete