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07-24-2013, 09:24 AM
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#121
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Lifetime Premium Access
Join Date: Jan 1, 2010
Location: houston
Posts: 48,267
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Quote:
Originally Posted by I B Hankering
It was his fiancée. Restraining orders are really fairly common in failed relationships; hence, unremarkable.
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I've had a bunch of failed relationships, never once a restraining order. Then again, I don't drive around my neighborhood looking for people to follow!
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07-24-2013, 12:48 PM
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#122
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Valued Poster
Join Date: Jan 16, 2010
Location: Texas
Posts: 51,038
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Quote:
Originally Posted by WTF
I've had a bunch of failed relationships, never once a restraining order. Then again, I don't drive around my neighborhood looking for people to follow!
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Whose neighborhood do you drive around in .....
... as to the other two "facts" .... sarcastically shocked at the first, but not sarcastically the 2nd "fact"!
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07-24-2013, 12:54 PM
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#123
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Lifetime Premium Access
Join Date: Jan 1, 2010
Location: houston
Posts: 48,267
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Quote:
Originally Posted by LexusLover
Whose neighborhood do you drive around in .....
"!
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My own but I'm not armed ready to shoot the first hoodie wearing kid I see...
Quote:
Originally Posted by LexusLover
... as to the other two "facts" .... sarcastically shocked at the first, but not sarcastically the 2nd "fact"!
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and your point? Do you think restraining orders are fairly common in failed relationships? I do not. Do you have something to that point?
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07-24-2013, 01:00 PM
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#124
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Valued Poster
Join Date: Dec 19, 2009
Location: Buffalo NY
Posts: 7,271
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Quote:
Originally Posted by OliviaHoward
It's standard text written to a divorce petition. I never asked for a restraining order, yet my lawyer wrote it into my petition and the judge granted it.
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That would be relevant if we were talking divorce. So it is standard text in a broken engagement?
I'm guessing not. But like WTF says, most broken engagements don't involve guys who drive around with a gun, trailing darkies.
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07-24-2013, 02:31 PM
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#125
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Valued Poster
Join Date: Jan 3, 2010
Location: South of Chicago
Posts: 31,214
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Okay, Doofus, explain what Letterman did wrong in this case.
The High Price of Restraining Orders
According to Michael McCormick, executive director of the American Coalition for Fathers and Children, 2010 should be another bumper year for temporary restraining orders, with 2 million to 3 million likely to be issued. Carrying a cost of roughly $2,000 apiece, this will ultimately cost taxpayers at least $4 billion.
Over the past few years, temporary restraining orders have become the tool of choice for dealing with family disputes. Designed to protect abused spouses or cohabitants, restraining orders generally require the abuser to keep a specific distance from his or her family members and often accompany eviction from a shared home.
The Joke's on Letterman, and Us
The ultimate poster child for restraining-order reform is David Letterman. In December 2005, New Mexico resident Colleen Nestler requested a restraining order against the late-night host, accusing him of mental cruelty and blaming him for her bankruptcy and sleep deprivation. Nestler charged that Letterman -- along with purported accomplices Kelsey Grammer, Kathy Lee Gifford, and Regis Philbin -- had alternately wooed and rejected her with coded messages that he sent through the TV.
Judge Daniel Sanchez quickly approved the order but overturned it after Letterman's lawyers confronted him.
The Nestler-Letterman case seems to be an outrageous example of such frivolous injunctions, but it highlights several problems. Letterman was not notified of the hearing and was not present for it, so he couldn't present evidence on his own behalf -- an apparent violation of due process that let Nestler set a complex, expensive legal operation into motion.
Further, Letterman's ability as a wealthy celebrity to fight the restraining order wasted more valuable court time and money, but questionable restraining orders often go uncontested by defendants who can't afford legal representation. Restraining orders are issued in civil court, so defendants can't get free legal representation, which saves taxpayers money -- at the cost of justice.
More Than Protection
Restraining orders were originally intended to protect cohabitants against physical attack, but in many states, they've moved beyond that purpose. In New Jersey, temporary domestic violence restraining orders don't require a filing fee and can be issued to protect against "mental or emotional harm."
If a complainant could get a restraining order based entirely upon an unsupported allegation of verbal abuse, the defendant might then be forced to find a new home, explain the restraining order to an employer, and try to get it removed from his or her record. Meanwhile, the community is stuck with the cost of enacting and enforcing the order.
It was very easy for Nestler to get a restraining order on Letterman, and she offered no evidence to suggest that he endangered her. And New Mexico has one of the stricter systems in the U.S. -- a complainant must explicitly detail the harm that he or she has received, get a notary to seal the complaint, and pay a $122 fee -- proving that frivolous injunctions can surface even where laws are tougher.
Pennsylvania has a strict definition of abuse and requires petitioners list specific incidents of attack or intimidation to get a Protection From Abuse order. But more than 53% of the state's 38,544 temporary PFAs issued in 2008 were withdrawn or dismissed. At a price tag of $2,000 apiece, that stuck Pennsylvania taxpayers with costs of more than $41 million.
Many Orders Frivolous
When it comes to reporting on restraining orders, Pennsylvania is one of the most transparent states. Part of the problem with determining the actual number lies in the fact that many states don't publish their statistics, so it's impossible to know how many injunctions are granted in the U.S. every year. Watchdog organization Radar Services echoes McCormick's estimate of 3 million per year. Many of these may be frivolous, if Pennsylvania's statistics are any indication.
It's hardly surprising that restraining orders have become the preferred response to domestic disputes, given how easy it is to issue them. But their abuse comes at a considerable financial and social cost, both to society and to families that leap toward legal separation with a single call to the police.
http://www.dailyfinance.com/2010/03/...aining-orders/
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07-24-2013, 02:56 PM
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#126
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Valued Poster
Join Date: Jan 16, 2010
Location: Texas
Posts: 51,038
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Quote:
Originally Posted by WTF
My own but I'm not armed ready to shoot the first hoodie wearing kid I see...
and your point? Do you think restraining orders are fairly common in failed relationships? I do not. Do you have something to that point?
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Yea, they are "fairly common" .. in fact in one county in the Houston metro area it Is STANDARD for a MUTUAL order to be served on ALL PARTIES to a divorce filed. In fact in that county it is a LOCAL RULE that is MANDATORY.
Once same sex marriages get "approved" in all 50 states like you want, then any time you break up with one of your boyfriends, you might just get a TRO served on you. So, watch out what you pray for ... you just might get it!!!!
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07-24-2013, 03:00 PM
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#127
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Valued Poster
Join Date: Jan 16, 2010
Location: Texas
Posts: 51,038
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Quote:
Originally Posted by WTF
Do you think restraining orders are fairly common in failed relationships? I do not. Do you have something to that point?
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Strike Two. For your "at bat" on legal concepts and knowledge! No balls.
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07-24-2013, 03:21 PM
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#128
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Account Disabled
Join Date: Jan 20, 2011
Location: kansas
Posts: 28,773
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Quote:
Originally Posted by I B Hankering
The High Price of Restraining Orders
According to Michael McCormick, executive director of the American Coalition for Fathers and Children, 2010 should be another bumper year for temporary restraining orders, with 2 million to 3 million likely to be issued. Carrying a cost of roughly $2,000 apiece, this will ultimately cost taxpayers at least $4 billion.
Over the past few years, temporary restraining orders have become the tool of choice for dealing with family disputes. Designed to protect abused spouses or cohabitants, restraining orders generally require the abuser to keep a specific distance from his or her family members and often accompany eviction from a shared home.
The Joke's on Letterman, and Us
The ultimate poster child for restraining-order reform is David Letterman. In December 2005, New Mexico resident Colleen Nestler requested a restraining order against the late-night host, accusing him of mental cruelty and blaming him for her bankruptcy and sleep deprivation. Nestler charged that Letterman -- along with purported accomplices Kelsey Grammer, Kathy Lee Gifford, and Regis Philbin -- had alternately wooed and rejected her with coded messages that he sent through the TV.
Judge Daniel Sanchez quickly approved the order but overturned it after Letterman's lawyers confronted him.
The Nestler-Letterman case seems to be an outrageous example of such frivolous injunctions, but it highlights several problems. Letterman was not notified of the hearing and was not present for it, so he couldn't present evidence on his own behalf -- an apparent violation of due process that let Nestler set a complex, expensive legal operation into motion.
Further, Letterman's ability as a wealthy celebrity to fight the restraining order wasted more valuable court time and money, but questionable restraining orders often go uncontested by defendants who can't afford legal representation. Restraining orders are issued in civil court, so defendants can't get free legal representation, which saves taxpayers money -- at the cost of justice.
More Than Protection
Restraining orders were originally intended to protect cohabitants against physical attack, but in many states, they've moved beyond that purpose. In New Jersey, temporary domestic violence restraining orders don't require a filing fee and can be issued to protect against "mental or emotional harm."
If a complainant could get a restraining order based entirely upon an unsupported allegation of verbal abuse, the defendant might then be forced to find a new home, explain the restraining order to an employer, and try to get it removed from his or her record. Meanwhile, the community is stuck with the cost of enacting and enforcing the order.
It was very easy for Nestler to get a restraining order on Letterman, and she offered no evidence to suggest that he endangered her. And New Mexico has one of the stricter systems in the U.S. -- a complainant must explicitly detail the harm that he or she has received, get a notary to seal the complaint, and pay a $122 fee -- proving that frivolous injunctions can surface even where laws are tougher.
Pennsylvania has a strict definition of abuse and requires petitioners list specific incidents of attack or intimidation to get a Protection From Abuse order. But more than 53% of the state's 38,544 temporary PFAs issued in 2008 were withdrawn or dismissed. At a price tag of $2,000 apiece, that stuck Pennsylvania taxpayers with costs of more than $41 million.
Many Orders Frivolous
When it comes to reporting on restraining orders, Pennsylvania is one of the most transparent states. Part of the problem with determining the actual number lies in the fact that many states don't publish their statistics, so it's impossible to know how many injunctions are granted in the U.S. every year. Watchdog organization Radar Services echoes McCormick's estimate of 3 million per year. Many of these may be frivolous, if Pennsylvania's statistics are any indication.
It's hardly surprising that restraining orders have become the preferred response to domestic disputes, given how easy it is to issue them. But their abuse comes at a considerable financial and social cost, both to society and to families that leap toward legal separation with a single call to the police.
http://www.dailyfinance.com/2010/03/...aining-orders/
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You seem knowledgeable about this how many have been issued against you chimpazoid?
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| 1 user liked this post
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07-24-2013, 04:21 PM
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#129
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Ambassador
Join Date: Sep 23, 2012
Location: Kansas City
Posts: 13,233
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Quote:
Originally Posted by I B Hankering
Nestler charged that Letterman -- had alternately wooed and rejected her with coded messages that he sent through the TV.
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but did he?
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| 1 user liked this post
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07-24-2013, 04:24 PM
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#130
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Valued Poster
Join Date: Jan 3, 2010
Location: South of Chicago
Posts: 31,214
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Quote:
Originally Posted by i'va biggen
You seem knowledgeable about this how many have been issued against you chimpazoid?
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It's coincidentally the same number as your IQ, Ekim the Inbred Chimp, "zero"!
Quote:
Originally Posted by JCM800
but did he?
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How fashionable, JCM800, you found an emoticon to match your question.
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| 1 user liked this post
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07-24-2013, 04:36 PM
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#131
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Ambassador
Join Date: Sep 23, 2012
Location: Kansas City
Posts: 13,233
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Quote:
Originally Posted by I B Hankering
How fashionable, JCM800, you found an emoticon to match your question.
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07-24-2013, 05:22 PM
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#132
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Account Disabled
Join Date: Jan 20, 2011
Location: kansas
Posts: 28,773
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[QUOTE=I B Hankering;1053472589]It's coincidentally the same number as my IQ, "zero"!
That's better.
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Quote
| 1 user liked this post
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07-24-2013, 07:04 PM
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#133
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Lifetime Premium Access
Join Date: Jan 1, 2010
Location: houston
Posts: 48,267
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Quote:
Originally Posted by I B Hankering
The High Price of Restraining Orders
According to Michael McCormick, executive director of the American Coalition for Fathers and Children, 2010 should be another bumper year for temporary restraining orders, with 2 million to 3 million likely to be issued. Carrying a cost of roughly $2,000 apiece, this will ultimately cost taxpayers at least $4 billion.
http://www.dailyfinance.com/2010/03/...aining-orders/
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Fairly common as in what % does that 2-3 million constitute?
How many break ups a year are there in this country vs how many restraining orders. I know of nobody that has ever gotten or had one order against them.
Maybe I'm in the minority.
Quote:
Originally Posted by LexusLover
Strike Two. For your "at bat" on legal concepts and knowledge! No balls.
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Do you have any facts to back up your bullshit?
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07-24-2013, 07:35 PM
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#134
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Valued Poster
Join Date: Dec 19, 2009
Location: Buffalo NY
Posts: 7,271
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Not sure you really wanted to post that, Hankerin'.
Pointing out how easy it is to get a restraining order hardly buttresses the suggestion that Zimmerman actually needed one when he got his in response to having one placed against him.
In fact, if anything, it does more to make my point that he only got it to try to make it seem as if she was the problem, and not him, than it does to make your point.
So thanks.
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Quote
| 1 user liked this post
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07-24-2013, 08:00 PM
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#135
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Valued Poster
Join Date: Jan 3, 2010
Location: South of Chicago
Posts: 31,214
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Quote:
Originally Posted by WTF
Fairly common as in what % does that 2-3 million constitute?
How many break ups a year are there in this country vs how many restraining orders. I know of nobody that has ever gotten or had one order against them.
Maybe I'm in the minority.
Do you have any facts to back up your bullshit?
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The last census numbered the U.S. population at 312 million. That includes men, women and children. Only a subgroup of that number are adult men and women involved in relationships. If 3 million of that subgroup apply for restraining orders every year, that means, over the course of a decade, a sizeable portion of that subgroup either applies for or is the subject of a restraining order.
http://www.census.gov/newsroom/relea.../cb10-174.html
Quote:
Originally Posted by Doove
Not sure you really wanted to post that, Hankerin'.
Pointing out how easy it is to get a restraining order hardly buttresses the suggestion that Zimmerman actually needed one when he got his in response to having one placed against him.
In fact, if anything, it does more to make my point that he only got it to try to make it seem as if she was the problem, and not him, than it does to make your point.
So thanks.
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Perhaps you missed the part where it says no proof of physical abuse is necessary or required, Doofus. Take your presumptions and talk to Letterman, Doofus.
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