Tuesday, July 29, 2008

Gross Miscarriage of Justice: Filing A False Domestic Violence Petition

"A government is the most dangerous threat to man's rights: it holds a legal monopoly on the use of physical force against legally disarmed victims."
--Ayn Rand
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If you are either wanting to get married or are married and possibly facing the prospect of a divorce soon, you need to prepare yourself for this eventuality.

One of the early tactics, in a divorce proceedings, and is pretty much standard operating procedure, is the filing of a petition for an Injunction Against Domestic Violence which sets the stage for further injustices to be heaped on the target spouse. From the statistics available as to the number of them filed, it is the weapon of choice with a majority of women, usually on the advice of their lawyer.

To show how simple it is, here is an answer by a Florida lawyer to a question asked about the procedure:

Q. How Do I Get a Domestic Violence Injunction?

A: You must go to the local courthouse and see the clerk of court. The clerk will give you a document to fill out, called a Petition for and Injunction Against Domestic Violence. A Judge will look at your petition within the next few hours and sign it if you are actually in danger. After the Judge's signature, the Domestic Violence Injunction is active. The court will schedule a hearing two weeks in the future. You must attend that hearing if you wish the Injunction to remain in effect. The person whom the Injunction is against gets a chance to appear and fight the injunction.

You can read more about the Florida Injunction for Protection process. The procedures are probably pretty similar from state to state.

In this process, the spouse [usually the man] against whom the injunction is filed is kind of a helpless spectator in a process over which they have no control. It is all done on an ex parte [by one side] basis without a chance to defend themselves until the hearing in several weeks.

Not only is the injunction filed against you without any chance for your defending yourself, but once it is granted by the judge there is another serious negative aspect that will really frost your cojones if you are one of the many proponents and participants in the 2nd amendment right to own and bear arms. For you to possess a weapon when under an injunction....it is a federal crime!

Here is an excerpt from the Florida Bar Journal article:

Civil Orders of Protection and the Prohibition of Firearms Possession

"In 1994, the Violence Against Women Act’s amendment to the Gun Control Act of 1968 made it a federal crime for a person who is subject to a qualifying order of protection to possess, ship, or receive a firearm or ammunition which has been shipped or transported in interstate or foreign commerce.8 A “qualifying” order means that the court order must be issued after a hearing where the restrained person received actual notice, and where the person had an opportunity to participate.9 Basically, a qualifying order conforms to basic concepts of due process.­Further, the court order must restrain the person from harassing, stalking, or threatening an intimate partner or child of such person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child.10 Additionally, the court order must include a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or by its terms explicitly prohibit the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury." [Read the entire article]

What to do if falsely accused

Fighting false allegations of abuse:

Give no statement to any authority or any person, even a friend, until you have talked to legal counsel. your only statement should be "I DEMAND TO SEE COUNSEL" Nothing you say will be used to help you, only hinder you. Do not hold ANY conversation in a jail. KEEP YOUR MOUTH SHUT. Do not agree to any polygraph other than a private one set up by your attorney. Later ,upon your attorney's ok, when asked by any authority to take a polygraph say "only if you first give the accuser one to determine whether the allegations are false and after that only if you guarantee in writing that if I pass the test you will drop any investigation of me and prosecute the accuser for filing a false police report." (They never agree to let a polygraph help you, only to hurt you!)

How can you protect yourself in this situation? One of the things you can do is to simply plan on it happening and preparing a get-out-of-town safety-net fund and/or a credit card that no one knows about [from which you can cover your expenses when you are removed from the house] and that are hidden away for this occurrence. Don't be caught unaware!

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Do you think your spouse has hidden any assets away? Or, have you hidden some away and wonder if they are safe from detection? Now you can find out what you need to know with this how-to manual.

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