By Phyllis Schlafly
One of the big problems with family courts is that judges issue restraining orders virtually for the asking, without any evidence of actual domestic violence or even threat of violence. The Illinois Bar Journal explained that women use these restraining orders as a tool for the mother to get child custody and to bar the father from visitation. The Journal proclaimed that these restraining orders have “become part of the gamesmanship of divorce.” The “game” is that mothers can assert falsehoods or trivial complaints against the father without presenting any evidence, and easily get a restraining order.
The Fourth Amendment guarantees U.S. citizens the right to be “secure in their persons, house, papers, and effects.” But each year, restraining orders are issued against at least two million men without proof or even evidence, forcing innocent men out of their homes. Real domestic violence is actually easier to prove than most crimes because medical record and forensic evidence is clear and convincing, and a restraining order may be appropriate. However, it is difficult to disprove false allegations of non-serious domestic violence, so a higher standard of proof is essential in order to sift fact from fiction.
Family courts have avoided facing up to whether these restraining orders issued against fathers are constitutional. Accused criminals enjoy a long list of constitutional rights, but feminists have persuaded judges to issue orders that restrain the actions of people who are not criminals but are mostly husbands and fathers, and punish them based on flimsy, unproved accusations. Most states do not require any standard of proof such as clear and convincing evidence. Even though these restraining orders are issued without the due process required for criminal prosecutions, they carry the threat of a prison sentence for anyone who violates them.
Probably two million restraining orders are issued every year in domestic relationships. There is no evidence that they increase the overall safety of the women or their children.
Contributing Editor, Phyllis Schlafly, is the Founder and President of Eagle Forum. Used with permission.
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Prove that these accusations are false. Show us some research to back up your allegations against these women, many of whom file restraining orders because they fear for their lives.
You have either lost your mind to think that domestic violence is easy to prove or you are pathetically trying to pander to your readers. Either case is inexcusable. These are harsh allegations you make. Be responsible and back them up.
Do not get into bed with the feminists you so obviously despise by helping them to politicize this issue. Domestic violence is too prevalent, and the danger to the victims is too real, to be used as a pawn in some bullshit, childish political game.
non-serious domestic violence? really!? did you seriously go there? doestic violence is *never* non-serious to the victim. ans as far as your claim that it is easy to prove allow me to how this is not so. you used medical evidence… what of the victims that aren’t allowed to go to the doctor or even leave the house untill the evidence has healed? and as far as forensic evidence goes, don’t you think its a little late by that point for the victim? after all, by the time it reaches the stage where forensics are involved, the victim is quite dead. of course I imagine you’ll be happy since there was no restraining order involved against the perpetrator (pardon the lack of capitalization. posting from a phone)
So you say posters above? Funny, I got a five year restraining order handed to me on a plate for yelling at my wife who was in a morphine haze at the time. The complaint NEVER alleged physical violence or even fear. Just alledged that I was “harrasing” her. DV laws are a joke. And most courts do a huge injustise to the women/men who are the true victims of domestic violence.
I’m sorry to hear that, Dan. And I agree about the injustice done by many courtrooms across the country. I have personally experienced that injustice myself, more than once.