Posted on 08/11/2008 9:05:53 AM PDT by average american student
A New Jersey judge recently confronted an issue that courts have been avoiding for years: are restraining orders constitutional? Accused criminals have "due process" and many other constitutional rights, but the feminists have persuaded many judges to issue orders that restrain actions of non-criminals and punish them based on flimsy, unproved accusations.
These restraining orders are issued without the due process required for criminal prosecutions, yet they carry the threat of a prison sentence for anyone who violates them.
Mr. and Mrs. Crespo were divorced and rearing their children in the same household when they had a fight, and Mrs. Crespo asked for a restraining order. Mr. Crespo was not charged with any crime, but the judge issued the restraining order, which banned him from his own house and thereby separated him from his kids.
Mr. Crespo made several good arguments that the New Jersey Prevention of Domestic Violence Act is unconstitutional. Judge Francis B. Schultz rejected most of those arguments, but he cited a long line of cases holding that "clear and convincing evidence" is required in order to take away fundamental rights (such as a parent's right over the care and custody of his children).
The feminists are in an uproar about Judge Schultz's decision and would like the New Jersey Supreme Court to reverse it. The feminists want courts to uphold a woman's right to kick a man out of his home based on a woman's unverified accusations.
Family courts are notorious for issuing restraining orders based on one woman's unsupported request. The New Jersey Law Journal reported that an instructor taught judges to be merciless to husbands and fathers, saying, "Throw him out on the street, give him the clothes on his back, ...
(Excerpt) Read more at stiffrightjab.com ...
Restraing Orders and Protection from Abuse Orders are some of the silliest ideas laywers and judges came up with.
How many women have been killed within 48 hours of a Court issuing a Protection from Abuse order?
Like a guy that has decided it is worth killing his wife is not going to, because he might be put in jail for violating a PFA order.
He had to move out of HIS house because she had a kid which wasn't even his. After a few weeks he is walking through a mall when she sent her kid running up to him. She snapped a couple pictures, made nice-nice and went immediately to the cops. He did 3 months in jail and is no longer allowed to touch a gun and when you're a hunting guide, that is a hard blow.
One of the most outrageous deals I've ever seen first hand.
Better than calling up the cops when you get tired of your hubby and telling them he’s locked in the house with a gun and you’re afraid he may use it. Add that he’s been drinking beer and it’s pretty much a done deal. One dead hubby.
I was arrested, removed from my home, lost $20,000 business contract because I could not get to my equipment without violating a ‘restraining order’
I was ABLE TO PROVE I WAS NO EVEN HOME AT THE TIME she claims to have been assaulted, and the children saw her do it to herself and said so.
Despite all this they refused to press charges against her for filing false arrest because I was just doing it to ‘get back at her’
I told them I would file a ‘writ of mandamus’ to force them to do their jobs, and so they finally agreed but when I was not there they changed her court date and gave her a 6 months ACD (Adjournment Contemplating Dismissal) if she behaved for 6 months.
I was furious. I told them if she had STOLEN $20,000 from me it would have been a felony. How can it be a misdemeanor to have someone falsely sent to jail??? Then they wonder why some go berserk and start shooting.
My son went through the same thing. These women must take a course in this or something. And the 14th amendment means nothing to the courts.
Men need to wake up!
Why do men marry liberal women?
Why did Adam take a bite out of that apple?
Free will.
You think these are "liberal" women?
Try arguing for equity with "reproductive rights" and see how liberal they are.
Why would you ever think liberal women believe in equality? Liberals believe in their own comfort.
Unfortunately, the judiciary (especially family courts) and the educational establishments have become Gynocracies. Nice to see a woman who “gets it” in terms of gender equity.
Am I not making it clear "conservative" women will side with them in a heartbeat if their "options" are threatened?
Republican women would.
That is also the answer to your first question. Men can be extremely gullible.
Why does this happen? The methods abusive men and women use are qualitatively different. An abusive man will simply hit someone. An abusive woman will use indirect vendetta, gossip, and destruction of reputation. In that manner, the legal system is perfectly set up to provide abusive women with the weapons needed to express abuse.
I advise my son to be very, very cautious when dealing with any woman because of this problem - in the same manner that I would advise my daughter, if I had one, to avoid ill-tempered, thin-skinned, violent, and crazy men. I’ve dodged the bullet myself, thank God, but just barely. I’ve also seen a whole mess of false accusations against decent guys.
Thanks for posting this.
So can women.
I agree with you 150%. We were talking about liberal women. ;0)
The harpies that destroy their husbands never seem to care about anything else. They don’t seem to even care what effect their actions have on the children.
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