MC 209A
In the last 10 years about 400,000 MGL 209A restraining orders have been issued in Massachusetts. To put that in perspective: According to the 2000 US Census there were 1.9 Million men ages 15 - 60 living in Massachusetts. 400,000 restraining orders represent 1 in 5 Massachusetts men have been served a 209A restraining order. Are we that bad? Should men be outlawed?
We should call these restraining orders MC209A's. Like McDonald's hamburgers Massachusetts efficiently produces a socially un-nourishing mass solution to domestic violence. The sad thing is that these restraining orders are used to keep innocent loving fathers from seeing their children. As a result we are raising many Massachusetts children on a single parent diet, malnourished them, by denying them a staple of human development, Fatherhood.
Glen Sacks wrote a column where he quoted Elaine Epstein, former president of the Massachusetts Women’s Bar Association, stating that restraining orders are doled out "like candy" to “virtually all who apply," and that "in virtually all cases, no notice, meaningful hearing, or impartial weighing of evidence is to be had."
The epidemic of false allegations continues, and like the Hurrican crisis in New Orleans the cries for help have fallen on the deaf ears of local, state and federal government, and our fatherless children are the refugees of the decade
Glen Sacks wrote a column where he quoted Elaine Epstein, former president of the Massachusetts Women’s Bar Association, stating that restraining orders are doled out "like candy" to “virtually all who apply," and that "in virtually all cases, no notice, meaningful hearing, or impartial weighing of evidence is to be had."
The epidemic of false allegations continues, and like the Hurrican crisis in New Orleans the cries for help have fallen on the deaf ears of local, state and federal government, and our fatherless children are the refugees of the decade
15 comments:
I like the MC209a logo, these would make great t-shirts to wear to court. This system has gotten to be such a poor joke, how much less respectable can a judge be made to than by handing out BRO's at such an asinine rate?
*Sigh* I just got hit with a totally laughable 209A last month. And I wouldn't hurt a fly!
What made me curious about your posting is, you said "400,000 served" in the past 10 years. Not that I am questioning your statistic, I am interested in digging more from this information, such as:
1. How many were temporary and never extended
2. How many were vacated
3. How many were unique (i.e. there are some real wackos out there, what ratio of wackos actually exist?)
4. How many defendants actually had any civil or criminal records prior to the 209A
I am finding that there are databases out there that provide access to records online. If you got this information through a publication or lead, please let me know. I'd like to investigate further.
I have just become a victim of the ease with which anyone can obtain an Abuse Protection Order in MA. I am a 58 yr old disabled woman living alone. I have not seen my sister for 7 years, yet she was able to obtain an emergency Abuse Protection Order against me when it is physically impossible for any abuse to have occurred in the past present or future. I cannot drive more than a few miles from home and live on Cape Cod. She lives in Douglas. I received the Order at 1:00 pm and the hearing was scheduled in Uxbridge District Court for 9:00 am the next day. My sister is well aware that it would be impossible for me to get transportation on such short notice. The police saw the dubiousness of this order and recommended I call the Court to see what could be done about rescheduling the hearing. The Clerk said I could write a letter to the judge explaining my situation, which I did. The ironic thing about this entire situation is that **I** have been the victim of my sister's psychological and emotional abuse for years! She sends me hateful e-mail and posts defaming information about me on Internet forums where she knows I am active. (I was seriously injured by cosmetic surgery years ago and am active in exposing the dangers of these procedures). There has been a long standing animosity between us and she often sends me venomous e-mail and phone messages on my machine after I have exposed her pathological lies. She is hostile and litigious by nature, and the first words from her lips in any confrontation are "I will sue you". After her most recent Internet attack on my credibility, I responded in a less than civil manner, however, never stooping to her viciousness and threats. So I was shocked and distressed when my landlord phoned to say there was a police officer on his way up to my apartment to deliver a Restraining Order.
I was even more shocked when he returned the next day (yesterday) to hand me an order signed by the judge extending this order for one year. I called the Clerk at Uxbridge District Court to ask if the judge had seen my extremely detailed letter requesting a postponement to enable me to find transportation and defend myself against my sister's allegations, which most certainly had to be false. She informed me that the judge had seen my letter and signed the order anyway. When I asked if they would send me the affidavit signed by my sister, she said I would have to come to the court house. I asked if a relative could obtain this for me and was told no.
So here I am, a disabled woman living hours away from a sister who is using the Court as a personal weapon meant to taint my name and reputation. I did the only thing I could, which was to call a lawyer from the Uxbridge area and will now have to pay him to handle this travesty of justice for me.
As for my sister, whose attention was never wanted or solicited by me, she gets away with abusing the Court for her own malicious means without accountability. It seems clear to me that the weak and vulnerable can be victimized by this law and its present state.
Addendum: As I read more of the messages posted below, I realize just how this law is used (abused) to victimize the vulnerable and innocent. I was particularly struck by mention of a man who killed himself over the destructive effect of such an order, as I was so shaken when I received this heinous INSTRUMENT OF ABUSE SANCTIONED BY LAW, that the officer who delivered it asked if he should call an ambulance to take me to the hospital. The physical harm I have already suffered as a result of being victimized in such a malicious manner by my sister, who is 14 years younger than I and in robust good health, made me contact other members of our family to inform them that if I suffered a heart attack, stroke, or any other physical manifestation of the abuse this Order has inflicted upon me, that I hoped they would call an investigative reporter and expose this travesty for what it is.
Will it take more people actually dying from abuse of justice before something is done to change this law? It has certainly taken its toll on my already fragile health. Will I die or become totally unable to live independently from this travesty of justice?
My ex filed a completely bogus
209A on me, and when we went to court, the judge said that based on the text of the order, she couldn't possibly uphold or extend the restraining order, unless there were "some compelling reasons"
So my ex starting making them up randomly, which the judge refused to allow. So I was off the hook. However it is notable that the judge was remarkably tolerant of my (now ex's) ever-so-obvious lying. I still got stuck with having to show up in court, take the day off work, and pay attorneys fees (and I've never hurt anyone).
However, I do believe that when the judges permit obvious (malicious) lying to continue time after time, they are partially responsible when some jerk decides to take matters into his own hands (i.e. punish the wife/girlfriend/etc) when the court refuses to do so.
Its always the guys fault until he proves his innocence.
I was just hit with a 209a the other day and I didn't do anything wrong. I broke up with my girlfriend of 4 years, she tries to commit suicide by taking a whole bottle of her psych pills and then BLAMES IT ON ME! Says I forced the pills down her throat! She was commited to a psych ward for a week for an attempted suicide and they still issued a restraining order based on her story with no evidence.
I too am a victim of this so called law. I ask all of you that want to help stop this serious abuse of what is intended to help an actual victim
to send me your case files. You may not know that you can get a copy of the original "ex parte" affidavit and
application from the original TRO.
That would be what was issued immediately and before you had an opportunity to respond to the false allegations. Massachussettes seems
to be just behind a few other states in depriving people accused unjustly of their rights. This has to stop somewhere. All rational people know that the need for a law that will protect the truly abused should be there.
Our issue is that the law as written and enforced violates so many rights of the accused as to be
unconstitutional. And it is..if any
lawyer worth his salt knows.
But its a huge political hand grenade. Ridiculously huge.
So you in the wheelchair, you who
have been accused for no reason, you that have not had the totality
of your situation considered, will
still be a victim of this "civil" proceeding that has devastating criminal repercussions.
If only we could find an advocate with the sack to fight for all the unjustly punished and made to live in fear of another lie.
You should also know, as todd alluded to, that the judge in these proceedings is the key. There are so many gelded political hacks on the bench it would and does make ones head spin. Don't ever be afraid to find out the complete name of the nitwit that didn't listen to you.
Its court/public record.
Please share that so we can compile the information we need to get these
hacks held accountable.
Just so you know, Judge Stephen S. Ostrach (MA. hack) is one of which I speak. This hack has a day coming from me personally. I intend to disgrace him on his past actions and rulings.
This is just one instance of the judiciary exercising force beyond their comprehension of legal standard.
I wish you all good luck in your
efforts however futile they end up being. The laws in this country are not designed for the the actual citizen. So Shakepeare will always be right in saying what he said.
There are a few out there but they cant safely raise their heads.
Good luck though, as bleek as it is
people are realizing what is happening. Making the abusers of the law accountable is a different story.
Good Luck
A good friend had a false restraining order taken out on him. He lost everything yet what happens to his ex who falsefied reports? Nothing. something must be done www.endmypain.blogspot.com
This is for all those guys who were not given a fair opportunity by the Mass Courts and were harmed by the grossly unfair statute and proceedures of the MA209A law.
The solution to dealing with MA 209A orders is simple. Be systematic and in an orderly fashion leave Massachusetts.
Really, its a big country. Now is a good time to move on to a new beginning and leave Massachusetts behind in the dust. There are many states, in reality MA in the big national picture is small and insignificant.
Now when you leave MA take your wealth, education, training and skills with you. Leave MA holding the bag.
I know this is easier said than done. Sometimes it will require making employment and family relationship sacrifices. Sometimes we will need to leave people behind.
But as the saying goes, "there are other good people down the road", meaning there can be new relationships and new families in the future.
Some guys I know have even moved to foreign countries. The American dollar goes farther in many places other than MA. So don't discount a move to an exotic place, the Caribbean, South America or even Europe. But you are going to need a plan, so be systematic and plan ahead.
In the end by maintaining the MA209A sub-culture alive the MA legislature and the courts are bring about the decline of Massachusetts. I think we are already seeing Massachusetts degenerating in many areas of society.
We all need to write to our State Reps and Senators. We can also write to the Govenor and Martha Coakley, the AG. The abuse and rampant unfairness in this process is an out right vilolation of citizens rights. The last time I checked, men are citizens too!
Is this blog yours, LsBeene? Asking and answering yourself as usual, I see. (hint; your inappropriate use of caps is one of many things that give you away.)
You are pathetic.
is this site still active?
if this site is still active let me know
I see i'm not the only one. I have NOT talked to my estranged wife in six months. We live in different states;we live almost two and a half hours apart. There was a protective issued against in Conecticut against her! The protective order expired in March. Two weeks later she files a 209a in Tauton District Court. She went to court six times to extend the order because she had not address or phone for me. I filed for an annulment and she has completely opposed it. She also has a history of lying to the court system. Despite these facts the judge granted a six month order. He explained his ruling as the safe way to go. He stated, "I heard two different accounts.If you are telling the truth and I rule in her favor than I do not have to worry about anything. If I rule in your favor and she is telling the truth than I run the risk of something happening. This ruling is the safe choice. I'm going to rule in her favor." I was amazed! It made me thank God I live in Connecticut. MA does not care about a person's rights.
I think we should help the helpless because they need some extra care and support...
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