Men's Rights: Pre-emptive Legal Tactics

[Shokkers]

I daresay that men in the US ought to have a strategy in case their live-in partners file charges against them.

If--knock on wood--your wife or girlfriend DOES file a charge against you, odds are you will be summarily jailed ON HER WORD ALONE. No evidence needed, no witnesses needed.

The police will probably advise your wife/girlfriend to get a TRO (Temporary Restraining Order), which will prevent you from going within 500 feet of your home and her workplace. This process only takes a matter of hours and you can be shown the documents in jail, although not allowed to keep them.

(An ironic secondary problem caused by the TRO is that the courts will mail summonses and legal documents to your regular address, but the TRO prevents you from getting close enough to get your own mail!)

(At least in Florida), you will be brought before a judge within 24 hours, by law. A public defender will tell you that the less you say, the better.
This initial judge pretty much merely tells you how much your bond will be. If you had a credit card with you when you were brought in, you can bond yourself out (assuming of course you've got the $$$).

The deck is unfortunately stacked against men. As a gender, we need to get creative to protect ourselves. I would like to hear back from as many people as possible how to legally fight back.

Here are my own ideas...
1) Buy a hand-held microcassette recorder. Most are in the shape of cell-phones and can be secured in the same 'holders' as cell phones. WHEN YOUR PARTNER MAKES A LEGAL THREAT, activate it, and get her to repeat what she said. (Difficult but not impossible. Tell her "I can't believe you just said that..." Or "It sounded like you just said..." Or "You didn't seriously say...") Once you have it on tape, say "This'll be Exhibit A, proof of Conspiracy."

If she says "Conspiracy to do what?" Well, Kidnapping is legally defined as forcibly moving someone against their wishes. Ironically, the police themselves may become accessories.

This is a legal gray area as taping someone without their consent might be unlawful...but which would you rather have on your record, Domestic Violence or Unlawful Surveillance?

2) A false claim of Domestic Violence, once made, is grounds for Defamation of Character (Slandered). Small Claims Courts have a maximum of $5000 damages but are normally easier to go through than higher courts.

3) A nice long chat with your partner about these possible outcomes might change her mind about making these charges. (This of course hinges on the fact that you AREN'T abusive and have no plans to commit any violent acts. But if your relationship has come to this point, you probably want to begin separation procedures.

Your thoughts?
Best, K.K.

[Nate]

Well, if you are married to an american woman, chances are you profoundly lack insight to begin with, and ought to get out more.

I would suggest preemption. File charges first. Find a mean-ass divorce lawyer and get a divorce ASAP.

Better yet...have the smarts to NOT marry an American woman...
you will most likely regret it for the rest of your life...especially if you ever find out what you may have missed living overseas...

Nate

[MoscowSummerNights]

No mention of VAWA?

VAWA encourages foreign-born wives to make false charges in order to get US citizenship faster.

Guys, you got to start getting with the program.

The Men's Rights Movement is in full-swing and this forum seems to be in the dark somehow.

Check out http://www.mediaradar.org which deals with VAWA and also keep track of http://www.mensnewsdaily.com even if too many neocons are posting their own articles there.

VAWA is being challenged in New York City by a lawyer named Roy den Hollander and several co-plaintiffs.

VAWA is like IMBRA: both are radical feminist laws that can be easily be overturned if wimpy American males finally got off their duffs and individually walked into courthouses to ask a judge to overturn it.

You do NOT need to first be falsely accused by a foreign-born wife to challenge VAWA just like you do not need to be registered a dating website to challenge IMBRA.

You just need to tell conservative judges that feminism is up to its dirty tricks again...and, if you tell them the facts properly, there is plenty of precedent that they will overturn all this stuff.

By the way: Joe Biden is the main guy behind VAWA.

If Obama choses Bide, your worst enemy will be the VP Candidate.

[Shokkers]

Thanks, Nate, but I already have enough insight not to marry ANYONE.

This situation was created by my live-in (thankfully EX) GIRLFRIEND.
Even though we weren't married, the situation was termed 'Domestic' by the Robocops who dutifully carried out the "She Calls/We Haul" smackdown.

I've done a bit more research since then...one man's wife gashed him in the head with a frying pan; he called the cops and they treated it like a joke. "We can't do anything for you, buddy."

A lot of men have merely DEFENDED themselves from abuse from their domestic partners--and the women AGREED that they were abusing their men--and the men were arrested instead, anyway.

[Shokkers]

In other news, I'm drafting a False Allegation Accountability Act.

Succinctly, it states that any knowing & provable False Allegation of Criminal Activity will be a Misdemeanor punishable by a fine of up to $10,000, Community Service & Probation with mandatory psychiatric counseling.

It makes as much sense as the "Rape Shield" Law, which keeps accusers anonymous while putting the alleged accuser in the spotlight (cf. Kobe Bryant, et. al.)