What Happens If You Misuse a Protective Order
ฝัง
- เผยแพร่เมื่อ 5 ก.ย. 2024
- I'd like to talk to you about a phenomenon that I see more frequently in court than I would like, and that is the abuse of protective orders as a tool to shortcut custody litigation. This Is something that should never happen. Point blank. It should never happen.
Protective orders exist under the statute for a very specific reason. And that's to protect individuals from domestic violence, threats of domestic violence, harassment, and stalking. That is the purpose.
However, it's become a trend in Oklahoma courts, and this is a lot more common than anyone would be comfortable knowing, of people, and most of them, unfortunately, I'm sorry to say, and I hate to make this about, most of them are women going to court and alleging harassment or stalking, or some kind of threat as grounds to get a protective order, and getting it on themselves and the child, as a means to gain custody of the child in it, either because they're anticipating custody litigation, or because custody litigation is already going on.
Now, the reason why women do this, or the reason why this happens is that the protective order gives them several advantages.
First of all, when you file for a protective order, you get an immediate hearing that day on the petition, and assuming you can rewrite it reasonably enough that it meets the elements of the statute, a judge will enter an order temporarily, creating an emergency protective order.
And it's a relatively low burden of proof. I mean, we're talking about a preponderance standard, and in the case of the emergency, basically, if the allegations meet the statute, he's going to enter that emergency order immediately, and it's effective upon service.
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Totally true, and they also use protection orders to evict the man out of his own home. It’s ridiculous!
Happened to me 🙋🏽♂️
@@Bran416
same here. I was assaulted. she proactively called the police on me to get an incident report. wasn’t charged so she followed up with an ex parte to kick me out of the house.
Yes they do she did it to me
Happened to me and I had my house years before I met her...
Happened to me. I added her name to my lease. Within a month she created false accusations of assault, and I was removed from my lease
A man did this to me to get me to move out. Now my kids and I have Ben homeless for 2 months. It’s outrageous and hurts so many peoples lives
My exact experience right now
I am dealing with this now . Were you able to move back ?
So, what you're saying is that there is no justice. I've experienced this very thing and it's sick.
it indeed is... going through this with my ex as well 😂
Nothing… I’ve seen it. Don’t let anyone fool you the courts almost never ever do anything about it unless you are male….
I cannot afford a lawyer she took the house the vehicles everything in the protection order. I'm literally homeless and stuck And I am court ordered too pay all house and vehicle payments insurances etc. Etc. They will not let me get a court appointed lawyer. What do I do? My word means nothing too nobody and the judge told me today in court the first thing out of his mouth was Mr. Paulos I will have you know that I can extend this order by a year. So pretty much he already gave me his verdict.
Did you get it figured out a year later?
So in other words, attorneys play games with the law and they aren’t held accountable either. Why don’t you all juris doctorates use those law degrees to influences and encourage reform?
I had a protective order situation, where she put a false accusation against me based on just claims just pointed at me, literally in the quart room and said I was a bad man. After she got custody of the kids, I knew that she would ditch the kids at my moms. So I waited but she tried ditching the kids on me! So I took them to my moms anyways and left them there. I filmed the whole thing as I had security and I told her that she can’t do it on film. She still ditched them so I left them with my mom for 3 months in another county and then notified the court. Since she was wandering couch to couch she never got the court dates I set. In that time she met some guy and started doing sexual group things. The court dropped the protective order and I took the kids. She then tried to get custody but since she abandoned the kids they said no and wanted to evaluate. She found my mom and took them and got drunk and took them to some swinger meetup. Her boyfriend assaulted her and his ex wife and then cps came. They called me and gave me the kids. Then after 2 years the court finally looked at the fighting and drugs use and abandonment. Even after that she got arrested for fighting her mom 2 times and made several false rape allegations that were all proven false by video. The court finally looked at my evidence but still just were gonna give me equal custody. When she heard equal custody she stood up on the Skype call in her panties which by the way they had to send a constable to her house for each court date to get her to show up and they still let her show up 2 1/2 hours late and still did the court date. Now she got a moon the judge Cussed out told her she never give a dime for the kids. They still told her to sit down and relax, and we’re going to still give her half custody. She started threatening everyone in the quart room and their lives that is when the judge finally started to tell her that she was going to get less custody and she got even more aggressive and started screaming about how she had multiple abortions and that it was none of our business etc. etc. it got bad I mean like it was something out of a lifetime for women’s movie. And still after all that it wasn’t until she directly threatened to murder the judge six times and rubbing her vagina in front of the camera did they decide to give me sole custody. After all that she hasn’t paid one dime of child support and misses most of her dates to see the kids which is under supervision of a sheriff deputy at all times within sight. Decides to become an escort and then helps her friend overdose and die. But all the women in my town austin feel she has been marginalized and needs sole custody and say I’m awful solely on her flimsy claims that I was an abuser and a that had an ex party order….. I’ve never had a conviction of anything but had one Charge for pot when I was 19……
I doubt all of this bs.
@@Alicewonders828lol 😂 you’re probably a fake protective order woman otherwise you wouldn’t say this nonsense.
@@Alicewonders828you doubt it because you've never dealt with truly unstable people.
A dvpo evicted me from my home of 6 years and she took custody. False accusations. Took a "no finidngs" to keep visitation going
Works both ways, and the recent trend I’m seeing is men now know how to take advantage of this insidious practice, often based on “harassment” via social media. Courts have got to impose serious penalties against this form of legal abuse, regardless of whether it’s mother or father. There are people who NEED a PO (I needed an LPO against an ex, with whom I don’t have children, my children’s father is a great father) it’s infuriating to those who need these orders to be passed out like candy as another form of abuse.
It shouldn’t happen, but it always seems to happen in a divorce, where a woman wants the upper hand in custody and keeping the home❤
This happened to me. The Judge and the Plaintiff attorney were part of a group who did this for pay. It's ruined my life. No one will look at the possibility of problems in the court either.
Yes, men do it too. The father of my children who never took the time to establish paternity and did not have any legal parental rights to my children convince me to let him do it overnight. He lives out of state. He took my twin daughters found a fictitious CINC custody petition in a state that didn’t have jurisdiction. And in the end, when I was supposed to receive my children I show up to Court to be with a ex parte TPO ordering me to stay away from him and my children. He was awarded the TPO basically on the grounds of “ but judge she’s being mean to me” and “ I am afraid that she is going to expose my wrongdoings and ruin my reputation so I me, and my children must be protected” I got that dropped quickly. But it has still been three months and I have not seen or heard from my children.
Yes, it is a huge problem that it takes so long to get due process in a protective order case in Oklahoma. We would argue that it is a volitation of a respondent's constitutional right to due process.
Im not confined to a order of no court but yet Officials allowing false accusations in my divorce case only taking note of documentation of only latest five yrs out of a 22 yr marriage four kids living with narcissist abuse yet still 😢
Misuse of these orders I've found is just absurd. Ex withheld access to children for over 6 months before I could afford to get anything filed. During this time as one would conclude as reasonable I'd call the only number she hadn't changed or blocked me on, get an answering machine and leave voice-mail, nothing more than identifying the issue "I haven't been permitted to see or talk to kids" and request relief "I need for you to let me see and talk to the kids" at worst including a statement that it doesn't feel right to be kept from seeing and talking to your kids. Turned around and slapped me with one of these claiming my calling to request time with my kids is harassment adding to the allegations that I threatened to abduct our children. So I pursue discovery, goes ignored for over a year and I file motions to hold a hearing to address ignored discovery. Through discovery I'm able to showcase to the courts not only that she lied about my threatening to abduct our children but has a history of making false statements of abuse because the guy she's shacking up with and having our kids call dad she had previously claimed had sexually abused her (her defense was that she had lied about abuse because she didn't want to discuss issues in their relationship) judge didn't care to hear that the alleged harassing calls were my requesting time with the kids when they were being withheld and ruled that pursuit of discovery absent valid legal objection was also abusive use of conflict ruling that a mental health evaluation needs be completed with collateral input to include the filings for which the judge admonished her and her lawyer for filing false allegations. Later said to hell with it and took materials filed at the start of the case ie. Witness statements that she was physically abusive towards me while living together, logs that show her calling me over 30 times in less than 10 minute to argue and my requests to be left alone etc. In a counter petition for a protective order, judge didn't waste time denying that order (judge took one small item fixated on it and used the resulting strawman argument to declare nothing i had filed held any merit in his court) and kicking me in the teeth again for "abusive use of conflict" lawyers who misuse this tool are trash but so also are the courts whom blatantly enable this kind of issue
She bulldozed me through our custody case without evidence or any incident of harm or harassment using the protection order as basis for depriving me of any custody
A Protective Order is a good idea for many reasons.
Suppose you have been arrested for a crime including a felony. 1st find out as much as you can about the arresting officer, even using Freedom of Information Act filings. 2nd using this information file an emergency protective order against the officer, put on the protective order statements, like "he was following me in a black truck" or if he lives on Main Street, state "Every time I go down Main Street he is pointing his gun at me he must be able to find me because he haves a GPS tracker on my car" this is easy to do after you find the officers home address, you can even put on the emergency protective order " he kidnapped me and took me to a house on Main street and told me he would kill me". The judge will think it's true because the officer lives on Main Street. The emergency protective order hearing is free, the officer will not know about the hearing, and if the judge doesn't believe you just come back in a week and try again. The officer will lose his badge and gun, LOL, and if you go to the final protective order hearing and win the officer will lose his "police license" forever and then when it comes time for your trial, you will be able to make the arresting officer look crazy because with the protective order you can say he manufactured false evidence because he has been stalking you and was just fire from the police department for stalking you. What works best is if a female files the PO, but she can just say the arresting officer arrested you because he was in love with your girl, LOL. This works on every police officer, trooper, agent, sheriff's deputy, and elected sheriff. {{{ Please note, this is not legal advice. It is against the law to lie in court and you should never lie in court.}}} It's just a fictional idea. But when my EX-WIFE and the felon I was testifying against did it to me the DA, Sheriff's Office, and Court did nothing to help me. Signed, a former POLICE OFFICER.
North carolina is the same way. I have my coparent who has had our 8 yr old living in her home for 2 yrs while selling fentanyl and right before trial she had my neighbor file bs stalking against me and here we r two yrs later and she done it again over fkn chickens getting loose and going onto neighbors property one time. 🤷🏻♂️ bs man total bs
Women abuse it
What if the person who files is the one who is the abuser and text messages me the day after the temporary restraining order was placed?
Really?? I had this happen. In all the hours I spent researching injunctions and TROs you are the first person that said this. What’s he like? Is he nuts? Never mind what I said… there’s more of these down below. Geez!
My ex husband filed a TRO against me while he is fighting me on a parenting time order to keep me from seeing my children. So men can totally do this! He is accusing ME of abuse where the truth is HE is the abuser. But I never thought I would be able to prove mental and emotional abuse. =(
@amber jones this is happening to me right now. 😢
@@Beccah503
don’t breach the order! collect all your evidence and argue they’re the abuser
@@TheMchyaby Oh I am.
@@Beccah503
make sure to ask for a continuance on your first hearing to give you more time. sorry you’re going through this.
Same
My friends case is bc the husband put hands on wife's throat, under age child seen him and called police, the child also was molested by her father and has talked to investigate, but says she didn't go into details??? Her dad assaulted her, she was 4 when it started, he molested his half sister, his step daughter and now his own daughter. Step daughter went to police at 14, but through her under the bus, her word against his. Now he's molested his flesh in blood? He's going through 3rd party to tell ex wife she'll be out of money soon, she get him back. No!!!! His daughter is afraid of him. He's threatened to kill her and the whole family. Yes she has attorney but Louisiana law is slow to convict. These laws need to be changed.
It happened in 1960, a child wearing panties and gown, grandfather molested her, that baby was me. He's dead since 1969. Another pedifile when I was 12. Parents wouldn't protect me? Raped at 11yrs old. The rapists threatened my family, my dad & younger sister. Yes I have PTSD. There needs to be in place to protect the children. Here it is 2023 and I still suffer from trauma, triggers and anxiety. DO SOMETHING, HELP CHILDREN WHO CAN'T HELP THEMSELVES.
PROTECTIVE ORDERS SHOULD BE IN PLACE AND SECURITY FOR THESE FAMILIES. A PEDIFILE NEVER STOPS. 😢
What’s crazy is that if I get criminal charges put on me I get a free lawyer if my ex wants to fuck me out of my custody with my children or make up lies that could destroy my reputation or even get me killed I can’t afford an attorney and I can show up to court with no representation and get fucked And apparently nobody sees anything wrong with it. I’m going back to court to have my visitation revoked because my exes mother came up with some bullshit. The allegations are in the final stages of being finalized and proved me wrong so I will not have any charges, but I’ve already lost everything again, which unfortunately wasn’t much to begin with. Pretty much civil court whoever files first wins.
Very nice video and explanation except for the "hummm" and "euhhhmmm"
Lol
Happened to me! My kids father lied to get a PO. I was removed for 3 weeks from the house. He hasn’t been punished for lying. We are still in active litigation. I have the children. He only has limited parenting time. What he has done has hurt my kids mentally! There should be consequences for what he has done! Not only women lie.
There’s fucking nothing in the loft to detour that behavior. I’m the fact that first person to file gets awarded basically whatever they want is actually an incentive. I believe you’ve mentioned something about that. Civil War is way more fucked up than the criminal system. I’ve never been fucked so hard in criminal court as I have been in civil court. I’ve basically feel like a fucking right victim at this point. I’m like you got my panties down to my ankles and I’m losing consciousness. I’m fucking about ready to give up on something. I don’t know if it’scustody of my babies or something else but somethings Gotta give
My daughter's mother did this exact thing to me she put a 18 yr protection order on me to keep my daughter out of my life I live in Maine and it's insane I haven't seen my daughter for like 12 years and this protection order is almost at the 14 year mark
18 years?
What did the mother tell the judge?
Made it to the end of the PO playlist on this channel. Great content
My ex husband, an illegal immigrant did this to me as a way to keep me from my kids or finding out how he neglects our kids. Can I file a motion to show he isn’t in fear for his life as he keeps saying?
Same
Did you ever figure this out? My ex put a restraining order on me, but since then she has come to my place and cussed me out on video, came up behind me with a hammer, abused my child, and purposely came within 20 feet of me. I have police reports on all this.
Call ICE and CPS instead. You can't do much but they can. Many places allow anonymous reports.
My son’s grandmother filed a false protective order against me for trying to serve her daughter at the address. The just thru it out I want to get with attorney and see if I can sue for defamation and wage losses
My boyfriend did this to me while our son was 8weeks. I couldn't be with my newborn for 3months, nor was he with the father. He was with my boyfriends sister. I was evicted with 2 children and when we finally had the hearing, the case was dismissed.
How did you win your case ? I have court in 2 weeks and need help
@@user-lr9ul1me8s girllllll a LOT
@user-lr9ul1me8s but basically I forced him to make a deal by also bringing a petition against him.
She just violated the temporary restraining order by sending pictures of our children to me.
Now what? It should be dismissed, correct?
It might be bait.
Mine sent a typed and dated note AFTER filing the T.R.O. here. She used the one kid that I still get to see to deliver it to me.
I didn't answer any of those concerns on that note. Some of those concerns written out were only there to trigger me; a.k.a.: bait.
I had to go gray rock. Even more gray rock than I had before. I can't give anything at all, mine has the goal of getting full custody, full alimony, and the house.
@@forumicebreakerive been noticing a ton of bait from my ex, I'm not about to fall for any of it. I state the facts and only the facts: I am not allowed to talk about that individual due to the judge's no contact order.
Who knows, they'll probably throw the book at me for referencing the protective order. We'll see.
She can do whatever she wants, you cannot respond.
What happens if I have a restraining order against me
But the ex is asking me to hangout all the time on talking parents ???
they’re trying to get you to breach the order. don’t do it. don’t change meeting locations when it’s your time to get the kids. they will use anything they can to charge you with contempt
I was told by judge she babysitt his grandson friends with judge and she said cps took my grandchildren from me because I abused them the head children services would say different I need help
My ex husband and the woman he had an affair on me with did this and the judge granted it with zero evidence.
The same thing literally happened to me. Made me homeless and he moved her in…
Living with my fiancé and she met someone else and filled protective order to remove me from my home and try to get me to continue paying rent
Dads and stepdads cant get restraining orders on eachother . Even yiu the two of you tag team her... think about it
Thank you for sharing this. My ex had done this all for merely trying to co parent with them via email. How on earth that was harassing or threatening...I have no idea. What makes it the most upsetting how a prosecutor allowed that...take my own parent growing up. Rips the phone out of the wall...yet worked in law enforcement. Who rips the phone out of the wall...is who supervises...it's a total you've got to be fucking kidding me type of situation.
a couple have ruined my life and are putting me in the grave w misuse of a protective order. the husband destroyed my front door the wife was granted an order husband then ruined my bmw. I wrote signs saying our home and vehicle were destroyed by the husband. im facing 6 charges. I just went to jail the first time bc I was within 100 yards and my home is within 100 yards. they I believe are trying to have the police kill me. I do not know them I complained about thier landscaper. this is the second order they obtained. please help. I have a public defender. I am 100% innocent.
If someone is bold enough to do that I would terminate my rights to the children and get her out of my life period
I have seriously considered that, but I love my daughter.
@@markjayw666 okay ignore her shit you move on with your life and catch up to your kid until they turn 18 like me and never deal with that other asshat again fam
The answer is NOTHING
Going thru this now
I got ejected from my home and children for 1 year because my wife's mother bothered me
It has been 8 months.
I am now petitioning to terminate the order early.
What are my chances?
What are the exact words/tone I should use in my petition?
Did you get it terminated early?
what if i can prove petationer lied on sworn affadavit?
File and find out man
What if you have the kids and she files for paternity establishment and is asking for a protection order to be granted
My friend was a domestic violence victim , and after 20 years of physical, verbal, financial, and emotional abuse she decided to leave and get a protective order. For her to obtain a protective order, she had to have concrete evidence to present to the judge. Not hearsay, not stories from the past, but actually pictures, text messages, voice messages, witnesses, and documentations. Yet even with the protective order in her purse , her husband stalked her and shot her in the parking lot in broad daylight. She didn’t make it. More than likely when women gets a permanent protective order it’s because she showed the judge receipts and evidence!
Judges do not grant permanent restraining orders frivolously !
Permanent, no. Temporary, ALL THE TIME
@@baileyjustin12 Yes, if there is just cause, because the judge knows that women are more likely to be unalived when they try to end a relationship due to any type of DV. After a temporary restraining order is granted, both parties must appear in family court within 20 days to PROVE their case or else the temporary restraining order is lifted. I know this to be a fact because l accompanied my friend to court to offer my support every time she went. You have absolutely NOOO idea what a lot of women go through… please Google the statistics!
what is your name? i want you as my attorney
Brian L. Jackson. Contact me at www.wirthlawoffice.com/ or at (918) 879-1681.
Father's are capable of doing this just as much as mothers are. Maybe you should consider making a video on that cause I'm going through this with my child father now. And I'm sure their are other mothers out there that are going through the same situation. And to make matters worse don't have the finances or resources to defend themselves. It happens the sad part is I'm sure they are very good mothers and take of of there children but it's the other parent who in some cases are just doing things out of spite and it's not about the child. So what do mothers are the victims?
Get closed captioning this isnt the 90’s anddeaf people do exist and may watch you videos..
PLEASE DON'T SAY SHE BECAUSE MEN ARE FILING THESE FRIVOLOUS PROTECTION ORDERS TO GAIN CUSTODY
It's still mostly women that are vengeful and jealous though.
Summary
How standard essential patents are licensed affects competition, innovation, product compatibility, and consumer choice. When licensed on fair, reasonable, and non-discriminatory terms, everyone stands to benefit. On the other hand, when companies use the market power of a standard and standard essential patents to demand unfair, unreasonable, or discriminatory terms, consumers are harmed and fewer choices are available. Apple brings a balanced perspective to the promises and perils of standardization and outlines several core principles to promote fair, reasonable, and non-discriminatory licensing of standard essential patents, addressing transparency during negotiation, merits-based evaluation, portfolio licensing, use of a common royalty base and rate, and injunctive relief. Taken together, these principles provide a consistent framework for fair, reasonable, and non-discriminatory licensing of standard essential patents.
Introduction
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Despite over a decade of debate, the marketplace continues to suffer from a lack of consistent adherence to voluntarily accepted fair, reasonable, and non-discriminatory (FRAND) licensing principles for standard essential patents (SEPs), particularly in the cellular standards arena. In light of Apple’s acquisition of the majority of Intel’s smartphone modem business, including a significant number of cellular SEPs, the time is right to reiterate Apple’s FRAND licensing principles on industry standards. Consistent with evolving case law, Apple is committed to these core principles to promote fair, reasonable, and non-discriminatory licensing of SEPs.
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Innovation is the cornerstone of Apple’s business and the company prides itself on the commitment to “think different,” inventing products and services unlike anything else on the market. With products such as the Mac, iPod, iPhone, iPad, and Apple Watch, Apple has revolutionized industries, and created entirely new industries by reimagining technology and focusing on delivering the best possible user experience.
Apple’s differentiating features drive demand for all our products, while standards allow interoperability with other products around the world. Our engineers participate in over 100 diverse standard-setting organizations, and Apple has contributed to the advancement of a wide range of standards, including, for example, cellular, Wi-Fi, and USB-C.
Apple has long sought to bring a balanced perspective to the promises and perils of standardization and is committed to licensing its cellular SEPs on FRAND terms. The company has entered into license agreements with dozens of SEP licensors. In each case, Apple has sought to apply a transparent and consistent FRAND methodology for valuing SEPs, which is applied equally to SEPs owned by others and SEPs owned by Apple, including those acquired from Intel. Apple is committed to the fair enforcement of the FRAND licensing promise throughout all industries, and in light of this acquisition, we reinforce this commitment.
The following core principles have guided and will continue to guide Apple’s approach to FRAND licensing of standardized technologies as both a SEP licensor and licensee.
Negotiations in FRAND Licensing
Both SEP licensors and licensees should negotiate transparently and willingly based on an exchange of relevant information.
Owners of SEPs should make licenses available on FRAND terms to any and all interested parties that request a license.
SEP owners should not discriminate in the licensing of those SEPs - including by category, industry, or location in the supply chain.
SEP owners should include, with license offers to SEPs, an explanation with factual and legal support sufficient for potential SEP licensees to assess for each SEP whether (i) a license is needed, and (ii) the offer is FRAND.
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Merits-Based Evaluation of SEPs
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Portfolio Licensing & Bundling or Tying of SEPs
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SEP licensors should not demand that a SEP licensee take a portfolio or bundled patent license - whether all included patents are declared SEPs, or are a combination of SEPs and non-standard-essential patents.
FRAND Royalty Base
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The common royalty base for SEPs should be no more than the smallest salable unit where all or substantially all of the inventive aspects of the SEP are practiced.
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For cellular standards, the smallest salable unit should be at most the baseband chip.
FRAND Royalty Rate
A FRAND royalty rate should be proportional among SEP licensors and comparable among SEP licensees.
A SEP licensor’s pro rata share of declared SEPs is an objective reference point in a FRAND negotiation.
An objective reasonable royalty rate protects against SEP licensors being unjustly enriched through excessive royalties (royalty stacking) to the detriment of both SEP licensees and other SEP licensors and contributors, as well as consumers.
An objective reasonable royalty rate applied to a common royalty base protects SEP licensees from cumulative, excessive royalties.
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Injunctive Relief with Respect to SEPs
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Monetary damages provide a sufficient remedy for SEP infringement.
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Conclusion
As both an innovator and an implementer of standardized technologies, Apple remains committed to these core FRAND principles, now and in the future.
Wrong video...