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  1. #1
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    Default What To Do About a Falsely Obtained Protective Order

    Well If you are a victim of a protective order on the basis of perjury, false statements, etc..... its time to rally up!!!

    You are not alone, here is my experience with this matter:

    I was dating a woman who filed numerous false reports with family domestic violence office (*1*) (without my knowledge initially) and I eventually discovered that she had, when she continued to compound more false reports against me (criminal and informational) with the Sheriff’s Office (*2*) In order to get the family domestic violence office to persuade a judge for a restraining order. Consequently a temporary order for protection was granted based on these false statements. While in court (*3*) the petitioner makes false statements to the presiding judge during the injunction hearing in order to get the final injunction granted. I have clear and convincing evidence that the petitioner during *1* , *2*, and *3* has lied to numerous court related entities, which according to Florida state statues, is a 1st degree felony - 5th category offense to the courts. I am victim of someone lying to utilize a measure of safety to create, harm, chaos and discrimination in my life. I am seeking your intervention in this matter, to correct and restore my life, credibility and honor over all. I am a disabled American veteran who suffers from TBI, PTSD, MDD and ambulatory problems due to injuries sustained during my honorable service in the United States Navy. I cannot rent an apartment because I am labeled as a “violent person” thanks to the above case mentioned problem. I cannot get a job because I am labeled as a “violent person” thanks to the above case mentioned problem. How am I supposed to live?
    I contacted the help of the NCADV (national coalition against domestic violence) to inculcate the local government to press charges for such crimes committed by that individual, and to restore my credibility, but nothing happened. No response.

    Here is a petition to congress from myself and others, to put an end to these cases.....follow this link and make a change!

    http://www.petition2congress.com/2/1627/go/838107/

  2. #2
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    Default Re: Restraining Order/Protective Order Must Read

    Bump..............

  3. #3
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    Default Re: Restraining Order/Protective Order Must Read

    The spamming of other members threads regarding your "petition" is inappropriate for this site.

  4. #4

    Default Re: Restraining Order/Protective Order Must Read

    If you want to make changes to systems, you've got to understand how they work - and you're WAYYYYY off.

    First, you can write to Congress until you are blue in the face. This isn't a federal legislative issue. You can attempt to write to the Florida legislature, but unless you can change the fact that judges like to be re-elected, and that the burden of proof for such orders is very low, the chances of making a substantial change are minimal. When judges DON'T issue such orders, and someone ends up dead, like what happened in Orlando just last week, it causes public outcry. What you're not realizing is that it's a judgement call by the judge, it's not a legislative issue. Some judges want a hefty burden to be met before issuing, others hand them out like candy. Don't like the judge's decions? Then lobby for those judges not to be re-elcted or lobby against re-electing those who appointed them. Get a degree in law or sociology, and after some intense research, write up guidelines for judicial review of such cases. THAT is what it will take to make the changes you're looking for.

    Second, why on earth would you imagine that NCADV, an organization who advocates stronger than any other in the country for the ISSUANCE of restraining orders to be "better safe than sorry", would worry about the potential legal issues of YOURS, an accused abuser, whom a judge in a court of law found reason to issue a restraining order against? Don't you realize that's the same as trying to sell Puppy-on-a-Stick at a PETA festival?

    Less ranting. Less spamming. More reading. Take a civics class and understand how the system works and how changes can come about. All you're going to accomplish on your current path is frustration for yourself, a lot of ignoring from others, and nothing changing.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

  5. #5
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    Cool Re: Restraining Order/Protective Order Must Read

    Quote Quoting Baystategirl
    View Post
    The spamming of other members threads regarding your "petition" is inappropriate for this site.
    First of all, how do you determine its spamming?

    Have you seen how many cases are on here regarding this issue, the fact that supposedly no charges can be pressed against people utilizing the restraining orders to create harm in someones life by perjury and false statements?

    Im not selling anything, or disrupting anyone, im staying, on course on topic, and being goal driven....do you know what spamming means?

    Have your read carefully before jumping to conclusions?

    Do you know how to proof read?

    Quote Quoting aardvarc
    View Post
    If you want to make changes to systems, you've got to understand how they work - and you're WAYYYYY off.

    First, you can write to Congress until you are blue in the face. This isn't a federal legislative issue. You can attempt to write to the Florida legislature, but unless you can change the fact that judges like to be re-elected, and that the burden of proof for such orders is very low, the chances of making a substantial change are minimal. When judges DON'T issue such orders, and someone ends up dead, like what happened in Orlando just last week, it causes public outcry. What you're not realizing is that it's a judgement call by the judge, it's not a legislative issue. Some judges want a hefty burden to be met before issuing, others hand them out like candy. Don't like the judge's decions? Then lobby for those judges not to be re-elcted or lobby against re-electing those who appointed them. Get a degree in law or sociology, and after some intense research, write up guidelines for judicial review of such cases. THAT is what it will take to make the changes you're looking for.

    Second, why on earth would you imagine that NCADV, an organization who advocates stronger than any other in the country for the ISSUANCE of restraining orders to be "better safe than sorry", would worry about the potential legal issues of YOURS, an accused abuser, whom a judge in a court of law found reason to issue a restraining order against? Don't you realize that's the same as trying to sell Puppy-on-a-Stick at a PETA festival?

    Less ranting. Less spamming. More reading. Take a civics class and understand how the system works and how changes can come about. All you're going to accomplish on your current path is frustration for yourself, a lot of ignoring from others, and nothing changing.
    Here is my initial thread regarding my experience and your legal help amongst other:

    http://www.expertlaw.com/forums/showthread.php?t=48677

    ***I have sought the help from everyone to correct the mis-use of these protective orders***

    When people lie to obtain these orders..utilizing FALSE statements, that is a CRIME *****1stº Felony 5th category in most cases*****

    In most cases on these boards... hundreds of people are in this situation....nation-wide several hundred thousand......

    My point is that the judges, state attorneys and the rest of the circus are not pressing charges on people who have lied or perjured to obtain these
    orders and who blatantly close their eyes to the 1stº Felony 5th category in most cases

    You have been on these boards for years, whats the matter, you forget how difficult these cases are if not impossible?

  6. #6
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    Default Re: What To Do About a Falsely Obtained Protective Order

    We will let the Moderators of this Forum decide it you are violating the TOS...Okay??

  7. #7
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    Default Re: What To Do About a Falsely Obtained Protective Order

    Quote Quoting Baystategirl
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    We will let the Moderators of this Forum decide it you are violating the TOS...Okay??
    Agreed. Are you a moderator?

  8. #8
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    Default Re: What To Do About a Falsely Obtained Protective Order

    Quote Quoting EFA
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    Agreed. Are you a moderator?
    No...Just a long-term member that has actually read the TOS.

    I have alerted the Mod to your "petition" and it is up to her to decide.

  9. #9

    Default Re: Restraining Order/Protective Order Must Read

    Quote Quoting EFA
    View Post
    Have you seen how many cases are on here regarding this issue, the fact that supposedly no charges can be pressed against people utilizing the restraining orders to create harm in someones life by perjury and false statements?
    It isn't a question that charges cannot be pressed. Charges can ensue when a violation of the law occurs. The burden of proof to bring criminal charges is MUCH higher than the burden of proof needed for a restraining order - lower even than a police officer needs for an arrest, which is only "probable cause" - a pretty low standard - so to issue the order, a judge only needs to be convinced that the person has REASONABLE fear, and what meets that threshold can vary by judge (That's why they call them "judges" and why they have discretion).

    If you have these mountains of proof that the multiple reports made with numerous law enforcement agencies were false, that is information that should have accompanied you to the restraining order hearing. That's why there is a temporary order issued before a final order is issued, to allow the accused to bring their side, and their evidence, before the judge. Apparantly either you failed to do so, or the judge felt the burden of proof had been met. We're not the judge, so we can't explain the mental process used by that individual to achieve that decision - all we can do is tell you what judges typically look for, what the burden of proof is, etc.

    You can certainly jump up and down and yell, scream, petition, march, sit in, or set yourself on fire - but there is no force under heaven or on earth that can make a DA bring criminal charges that they are not inclined to bring. Prosecutors bring cases they think they can win by presenting evidence to a jury. Perjury is one of the hardest to PROVE, even if you know it has been committed (knowing and proving are totally separate legal animals), and if the DA feels there is even a TINY shred of truth in ANY of the domestic violence complaints that piled up against you, they aren't going to pursue it because they can't meet the standard to get a conviction. Justice isn't perfect, never has been, never will be. Next time elections roll around, picket the DA's office or support an opposing candidate.


    Of course people can and do abuse the system, lie, falsify testimony, and probably a lot of other evil, bad, illegal, and obnoxious things. NO one is happy about it, but it does happen, and it goes get prosecuted, WHEN evidence is available, admissible, and ample. BS cases hurt everyone by overburdening the system to a standstill. If you've got a way to improve on things, please run for office. You can do that, even with a civil restraining order. But you're going to have a hard time convincing a DA that you were a totally innocent angel to the degree that someone felt the need to file multiple police reports against you, over time, and that a judge found reason to issue the order because ALL of the allegations were false.

    If you you've walked into the DAs office and plopped your irrefutable evidence onto someone's desk, and they've told you "yep, it's iron clad, but we're not touching it", then it's time to go to the press to let them warn the public. What may seem iron clad to YOU isn't going to necessarily be iron clad to people with actual legal training, nor to a degree needed to bring charges.

    Let us know how things go with ACLU and if they will represent your case or make a referral.


    My point is that the judges, state attorneys and the rest of the circus are not pressing charges on people who have lied or perjured to obtain these orders and who blatantly close their eyes to the 1stº Felony 5th category in most cases
    They know of people who have committed murder, rape, and other crimes too, and haven't brought charges - that doesn't mean they are blatantly closing their eyes - it means that they cannot establish probable cause to bring charges based on the evidence, or that they have a case they feel they cannot win. If your evidence is so strong, take it to an attorney and bring a CIVIL case against her for slander/defamation.

    When you've sat down and read ANY 100 appellate cases, from any jurisdiction, regarding any type of crime, where the case focused on burdens of proof, come back and continue the discussion. This is where you keep falling down and are not grasping some very basic legal concepts vital to your claims.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

  10. #10
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    Default Re: Restraining Order/Protective Order Must Read

    Quote Quoting aardvarc
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    It isn't a question that charges cannot be pressed. Charges can ensue when a violation of the law occurs.
    "Exactly, the key words here is **can**...Charges **should** ensue when a violation of the law occurs!

    Quote Quoting aardvarc
    View Post
    The burden of proof to bring criminal charges is MUCH higher than the burden of proof needed for a restraining order - lower even than a police officer needs for an arrest, which is only "probable cause" - a pretty low standard - so to issue the order, a judge only needs to be convinced that the person has REASONABLE fear, and what meets that threshold can vary by judge (That's why they call them "judges" and why they have discretion).
    Ok if the basis that presents you in front of the judge to begin with is based all on lies.... **Why** does judge take or make a decision if he is dealing with a bunch of bull from someone???? Because its an order of good measure and safety?? For who? For the judge to cha (as in cya)?

    Quote Quoting aardvarc
    View Post
    If you have these mountains of proof that the multiple reports made with numerous law enforcement agencies were false, that is information that should have accompanied you to the restraining order hearing. That's why there is a temporary order issued before a final order is issued, to allow the accused to bring their side, and their evidence, before the judge. Apparantly either you failed to do so, or the judge felt the burden of proof had been met. We're not the judge, so we can't explain the mental process used by that individual to achieve that decision - all we can do is tell you what judges typically look for, what the burden of proof is, etc.
    Look I brought my proof....and so did several other hundred that are victims in my situation that have visited this board, and a couple of 100k throughout the U.S.A. ..... according to all your responses regarding "lied during petition" , "Perjured during hearing" etc... These cases are difficult and impossible...
    Anyone that is an attorney, would agree that pursuing charges such a purjury or false statements against a petitioner who has lied and perjured is impossible.....its the un-fettered discretion to not press charges, any good lawyer or attorney will tell you this ***and its is that "system": that needs to come to an end***


    Quote Quoting aardvarc
    View Post
    Perjury is one of the hardest to PROVE, even if you know it has been committed (knowing and proving are totally separate legal animals), and if the DA feels there is even a TINY shred of truth in ANY of the domestic violence complaints that piled up against you, they aren't going to pursue it because they can't meet the standard to get a conviction. Justice isn't perfect, never has been, never will be. Next time elections roll around, picket the DA's office or support an opposing candidate.
    This is my whole point....so why would a Judge allow people to commit a 1st degree felony 5th category, with theiir endorsement on it, Because they seem to doit it everyday and by the thousands??


    Quote Quoting aardvarc
    View Post
    You can certainly jump up and down and yell, scream, petition, march, sit in, or set yourself on fire - but there is no force under heaven or on earth that can make a DA bring criminal charges that they are not inclined to bring. Prosecutors bring cases they think they can win by presenting evidence to a jury.
    I am just going to rally !!

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