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.

[Shokkers]

After some research, let me scratch the "Conspiracy" charge, as it requires more than one person to make a conspiracy.

However, there IS one pretty HEAVY charge that can be used when you're barred from your own house:

Even when you're restrained from going near your own place (and mailbox), your wife/girlfriend/SO is probably going to still keep collecting the mail...including yours...from mere force of habit.

If/when she does take YOUR mail from the mailbox and take it to where you can't get it (i.e., the house you're barred from), it is MAIL THEFT, a Federal Offense.

(This is posted as an IDEA, not as legal advice...do some research of your own before you jump on it.)

[Winston]

What happened to the other posts and responses in this thread? Why did they disappear?

[Shokkers]

The upcoming Men's Rights Conference in Greece has checked out my topic "Pre-Emptive Legal Strategies For Men" and would like to add it to the list of other topics being discussed.

I've got to submit a paper on or before 11/30, 2008.
If anyone wants to put in their two cents, let me hear from you...here or at shoKKers@aol.com.

Best, KK

[Grunt]

Men's Rights Conference? This is something Ill have to research. Finally, some real progress, not guys sitting around bitching non stop.