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New
Column: Letterman Case Shows
Problems with Restraining Orders
My latest
co-authored column,
Letterman Case Shows Problems
with Restraining Orders
(Albuquerque Tribune,
1/17/06), explains the way many
men's lives are being devastated
by the use of restraining orders
based on false or unsubstantiated
domestic violence claims. The
Letterman case is an example
of how readily these orders
are handed out. Family law attorney
Jeff Leving and I wrote:
"A Santa
Fe, New Mexico judge recently
granted a
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temporary restraining
order against TV talk show host David
Letterman for a woman who alleges that
Letterman--who works in New York City
and whom she has never met--has mentally
harassed her through his TV broadcasts.
According to Colleen Nestler, Letterman
has caused her 'mental cruelty' and
'sleep deprivation' for over a decade,
and has used code words and gestures
during his broadcasts to show her that
he wanted to marry her and train her
as his co-host.
"The woman, who
also claims that Letterman and fellow
celebrities Regis Philbin and Kelsey
Grammer have been conspiring against
her, requested that Letterman stay away
from her, not 'think' of her, and 'release
[her] from his mental harassment and
hammering.'
"Letterman's attorneys
were able to get the order dropped,
and the judge--who apparently never
thought to suggest to Nestler that she
use the 'off' button on her TV--has
made good fodder for gossip columns
and news of the bizarre. However, the
case also demonstrates a much larger
though rarely discussed problem--it
is far too easy to get a restraining
order based on a false allegation."
To learn more about
problems with restraining orders and
the domestic violence system, see:
Also,
listen to the
His
Side shows:
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Have You Been the Victim
of a Restraining Order Based on a False Charge?
Have you been the victim
of a restraining order based on a false charge?
The Albuquerque Tribune, which ran the
Letterman/restraining order column (see
The law against men, 1/17/06), might be
interested to hear your response to the column.
You can write a Letter to the Editor at
letters@abqtrib.com.
Girl Says Abuse Claims
Were Coerced by Mom During Custody Fight
We've discussed on many
occasions the terrible problem of mothers using
false charges of child molestation against fathers
during custody fights. The makers of
Breaking the Silence deny that this problem
exists, of course. In my co-authored column
PBS Declares War on Dads (World
Net Daily, 10/20/05) I wrote:
"Canadian Senator Anne
Cools, one of the few public officials in North
America knowledgeable about family law, calls
this tactic 'the heart of darkness.' The accusations
are often used--very effectively--to deprive
fathers of a meaningful role in their children's
lives after divorce or separation. Reginald
Brass, president of My Child Says Daddy, a parenting
organization which works with young African-American
fathers in Los Angeles, says:
"'We have many young fathers
who are fighting in the courts to see their
children or to get joint custody over a mother's
hostility or objections. If the man has a daughter,
we always warn him that at some point the mother
will probably accuse him of sexually molesting
his daughter. We see it every day.'
"When a father who has
daughters does succeed in getting a desirable
custody arrangement over the objections of a
recalcitrant mother, it is common practice among
family law attorneys to advise the father that
a charge of sexual abuse may be coming. According
to a study conducted by Douglas J. Besharov
and Lisa A. Laumann and published in Social
Science and Modern Society, the vast majority
of accusations of child sexual abuse made during
custody battles are false, unfounded or unsubstantiated.
"Cools, a prominent feminist
who led Canada's battered women's shelter movement
during the 1970s, explains:
"'There's a plethora of
cases where the mother falsely accuses the father
of sexually abusing the child. The accusation
is made in order to gain advantage in custody
disputes. Governments are enormously reluctant
to look at it. I've studied this extensively
and I've placed on the Canadian Senate record
52 cases where there was a finding that the
accusations were false, and there are countless
more. Studies have shown that under these circumstances
false accusations far outnumber truthful ones.
"'It's a terrible, terrible
thing--for the fathers and for the children
who've lost their fathers. Some of those men
will never recover and they have spent every
penny left to them to try to extricate themselves.
And I've seen elderly parents who've spent every
dime of their retirement to try to help their
sons get out of these horrible situations.'"
As you know, we extensively
covered the high-profile Bridget Marks case,
wherein a woman who had been found by five judges
to have coached her little girls to believe
that they had been sexually molested by their
father was treated like a heroine and a victim
by the media. (To learn more, click
here).
The following ABC News
article discuses another nightmarish case--Texas
Girl Says Abuse Claims Were Coerced by Mom:
Cousins Jailed for Molestations She Now Claims
Never Happened. According to ABC:
"Sixteen-year-old Stephanie
Arena longs for a normal girl's life, but she
is haunted by the fact that she sent her teenage
cousins to prison for a crime she now says they
didn't commit.
"The sordid story began
when Stephanie, just 7 years old at the time,
was caught in a bitter custody battle between
her parents, LaVonna and Stephan Arena. Worried
that she'd lose her daughter, LaVonna took Stephanie
and her brother from their home in Texas to
a Florida homeless shelter. She then justified
the abduction by telling social workers her
kids were being molested.
"Stephanie now says her
mother used her as a tool to pry her family
apart and to get her father to drop his custody
claim.
"'I am responsible for
putting them in prison, and now that I am older
and I can understand the consequences of my
actions, I need to step up and do what I have
to [to] make things right'...
"Stephanie has been trying
to 'make things right' since she was 11, writing
letters of apology to both brothers in prison.
"But perhaps her bravest
moment came when she went public with her story
and returned to court, two years after accusing
her cousins. She faced the same judge and prosecutor
and told them she had lied to them when she
said her cousins molested her...
"It appears, however, that
LaVonna's accusations are part of a troubling
pattern. Police records and family testimony
suggest that on three different occasions she
has falsely accused other family members of
abusing her kids, including a charge against
Stephanie's father, Stephan Arena.
"I believe it was in 2000
she accused me and John and Michael again --
while they were incarcerated," he said.
"...[LaVonna's] live-in
boyfriend dropped a bombshell, however, explaining
to 20/20 by phone that LaVonna would like to
tell the truth and explain why she made Stephanie
lie. But, her boyfriend said, 'LaVonna is afraid
she would go to jail.'
"Stephanie says it's that
kind of attitude that leaves her bitter."
One more interesting point--they
write "Worried that she'd lose her daughter,
LaVonna took Stephanie and her brother from
their home in Texas to a Florida homeless shelter.
She then justified the abduction by telling
social workers her kids were being molested."
In other words, ABC is so afraid of offending
women that they must immediately include an
excuse for this woman's horrible crime--"worried
that she'd lose her daughter." It's nonsense
anyway, because fit mothers rarely "lose" their
children (no, shared custody is not "losing
your child"). And why is it that when a father
loses custody and gets the see your kid every
other weekend shaft, nobody says he has "lost
his kids"?
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Manipulating
Children into Making or Corroborating False
Charges
An important
element of Parental Alienation Syndrome is the
way children can be manipulated into making
or corroborating false charges. Ironically,
a few months ago the Los Angeles Times
just published this article--McMartin
Pre-Schooler: 'I Lied': A long-delayed apology
from one of the accusers in the notorious McMartin
Pre-School molestation case--which could
serve as a textbook for the method. Kyle Zirpolo,
now 30 years-old, writes:
"[As a child]
I remember them asking extremely uncomfortable
questions about whether Ray touched me and about
all the teachers and what they did--and I remember
telling them nothing happened to me. I remember
them almost giggling and laughing, saying, 'Oh,
we know these things happened to you. Why don't
you just go ahead and tell us? Use these dolls
if you're scared.'
"Anytime I
would give them an answer that they didn't like,
they would ask again and encourage me to give
them the answer they were looking for. It was
really obvious what they wanted...
"I felt uncomfortable
and a little ashamed that I was being dishonest.
But at the same time, being the type of person
I was, whatever my parents wanted me to do,
I would do. And I thought they wanted me to
help protect my little brother and sister who
went to McMartin...
"My parents
were very encouraging when I said that things
happened. It was almost like saying things happened
was going to help get these people in jail and
stop them from what they were trying to do to
kids. Also, there were so many kids saying all
these things happened that you didn't want to
be the one who said nothing did. You wouldn't
be believed if you said that.
"I remember
feeling like they didn't pick just anybody--they
picked me because I had a good memory of what
they wanted, and they could rely on me to do
a good job. I don't think they thought I was
telling the truth, just that I was telling the
same stories consistently, doing what needed
to be done to get these teachers judged guilty.
I felt special. Important.
"It always
seemed like I was thinking. I would listen to
what my parents would say if they were talking,
or to what someone else would say if we were
being questioned at the police station or anywhere.
And I would repeat things. Or if it wasn't a
story I'd heard, I would think of something
in my head. I would try to think of the worst
thing possible that would be harmful to a child.
I remember once I said that if you had a cut,
instead of putting a Band-Aid on it, the McMartin
teachers would put on dirt, then put the Band-Aid
over the dirt. That was just something in my
head that was bad. I just thought of it and
told [the investigators]...
"The lawyers
had all my stories written down and knew exactly
what I had said before. So I knew I would have
to say those exact things again and not have
anything be different, otherwise they would
know I was lying. I put a lot of pressure on
myself. At night in bed, I would think hard
about things I had said in the past and try
to repeat only the things I knew I'd said before..."
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Female-to-English Dictionary
Dr. Shoveen goes behind the words that
women use to reveal their hidden meanings
and thought processes.
Help for Boston Dads
Boston family law attorney Nick
Palermo is a
shared
custody advocate who believes that divorced
dads are parents, not visitors. The
Law Offices of Nicholas Palermo
is a dedicated and committed trial law
firm which has worked to make shared
custody for all fit parents the law
of the land.
LAW OFFICES OF NICHOLAS PALERMO
|
How Much Slack Does
Jeff Reardon Deserve?
From
One Very Wild Pitch: Did drugs make a star hurler
rob a jewelry shop? (Newsweek, 1/9/06).
"By Christmas Day, Jeff
Reardon was a physical and emotional wreck.
The former star relief pitcher was struggling
through a second holiday season without his
son Shane, who died of a drug overdose in 2004
and would have turned 22 last Thursday. 'I miss
you more than ever,' Reardon wrote in a November
entry to a Web memorial for Shane. To help numb
the pain, Reardon, 50, was taking at least five
antidepressants, his lawyer says. That was on
top of four or five heart medications he was
prescribed after an angioplasty operation on
Dec. 23.
"The day after Christmas,
Reardon went to a nearby mall in Palm Beach
Gardens, Fla. Though he told his wife and two
surviving kids that he was going to buy a coffeepot,
instead he entered a jewelry store and slipped
a sales clerk a note demanding cash and jewelry
and claiming that he had a gun, according to
a police affidavit. The store manager gave him
$170 in a bag. After leaving, Reardon--who in
fact had no weapon--saw a security guard in
the parking lot, went up to him and surrendered.
'I completely lost my mind,' he wrote later
in a statement to police. 'I flipped on my medications.'
"[Reardon]...was sinking
deep into depression. Over the summer in Massachusetts,
where Reardon has family, he would spend hours
in his room with the shades drawn, says his
mother, Marion Cavanaugh. 'He just couldn't
get over' Shane's death, she says, and even
began contemplating suicide. Last month, says
Cavanaugh, Reardon spent a week in a psychiatric
facility. Just before Christmas, a psychiatrist
prescribed him three new antidepressants. 'He
was on too many pills,' says Cavanaugh."
Some of my thoughts on
the case:
1) I think it is fair to
be concerned in this case that a wealthy white
celebrity is getting (or might get) preferential
treatment. I certainly doubt that a poor, middle-aged
black man who did the same thing would get much
sympathy or slack from law enforcement.
2) I was never fan of Reardon's,
so I do feel I can judge him objectively. It
was apparent to me throughout most of
Reardon's career that he was badly overrated.
He was a good example of a guy who built up
a big reputation by racking up a lot of "saves,"
even though an average pitcher in the same situations
would have saved most of those games. The hardest
bullpen job is getting out of a starter or previous
pitcher's jam--it's relatively easy to pile
up one inning saves, as Reardon did.
3) One incident from his
career I do remember clearly, and it doesn't
speak favorably of us baseball fans. It happened
in Montreal (where Reardon pitched for the Expos)
in 1982 or 1983. Reardon's wife was honored
at the stadium for some charity work she had
done. Reardon had been pitching poorly around
that time, and when his wife's name was announced
for the charity work, the fans actually booed
her. Nice going guys.
4) Reardon is wealthy and
famous, but not all wealth and fame is the same.
Some people are wealthy and famous for doing
great services to humanity--certainly Reardon
isn't one of them. On the other hand, many people
are famous and/or wealthy because they were
born into money, were lucky, or are just riding
on their good looks. I guess Paris Hilton qualifies
on all three counts. Reardon isn't one of them,
either--the man earned his wealth and fame through
hard work and an ability that few have.
5) When I was in my early
20s a friend of mine committed suicide. My friend
had had a lot of conflicts with his father.
We were told that his father was very rigid
and demanding. (At the time I believed this,
though as the father of a teenager I'm a lot
more skeptical now when I hear fathers being
described as strict or demanding). It's been
almost 20 years but I can still clearly remember
the pain etched in his father's face at the
funeral. I doubt I'll ever forget it.
6) Were one of my children
to die--particularly in such a senseless way--my
grief would be so overwhelming that I might
have a hard time keeping my sanity, too.
My conclusion: perhaps
I'm a sucker, but I definitively think Reardon
deserves some slack.
David Blankenhorn on Benjamin Franklin
David Blankenhorn,
The American Apostle of Thrift (The Weekly
Standard, 1/1706), has an interesting new
article on Benjamin Franklin and the ethic of
thrift.
The most important part
of it, in my view, is Franklin's quote that
"wealth is not his that has it, but his that
enjoys it." Translating that into family policy--since
both Blankenhorn and I are interested it--it's
always seemed to me that many couples break
up because each person focuses on what the other
person doesn't or can't do,
instead of appreciating what the other person
does or can do.
My humble opinion is that
one of the biggest keys to getting what you
want in a relationship is the ability to accept
weaknesses in a spouse or potential mate. Inability
to do so will almost always destroy a relationship
(or prevent one from getting started to begin
with). Being able to accept weaknesses expands
the range of people available to you, which
increases your ability to find the qualities
you want in a mate.
Perhaps Franklin would
agree.
Sigh...The Feminists
Have a Point on This One
Feminist blogger
PinkoFeministHellcat has an extended
entry on the ways she believes men's rights
activists (MRAs)
unfairly blame feminists for so many of
society's problems. Some of what she says is
the usual man and MRA-bashing. However, in some
ways she has a point. As I once said on the
radio:
"Over the past three decades
women and feminists have locked men into endless
double-binds, where whatever men do, they're
wrong. However, on a much smaller scale, men's
activists have begun to lock women into double
binds, too.
"For example, when groups
such as the National Organization for Women
oppose the war in Iraq, we accuse them of betraying
the men who are abroad putting their lives on
the line for our country. Yet when women support
military action (like the war hawk columnist/talk
show host Tammy Bruce) we say 'yes, you want
to send all the men off to die and women don't
even have to register for the draft!'
"When women want a larger
role in the military, we point to biological
gender differences and say women will screw
up the military. When they don't, we talk about
how unfair it is that only men get drafted.
"When a mother pursues
her career, some MRAs blame her for putting
her self-fulfillment above her kids. Yet if
she doesn't work, she's condemned for burdening
her husband and not pulling her weight.
"Many, such as radio talk
show host Tom Leykis, condemn women for grinding
out children they and their husbands can't afford.
Yet they are the first ones to call a woman
who looks for a wealthy man a 'gold-digger.'
And the guy who blames feminists for the loose
sexual morality and mores of modern society
is the first guy to condemn the woman who won't
put out."
I frankly
find the "blame every damn thing in the world
that's wrong on feminists" line of thinking
rather frustrating. Feminists have caused a
lot of problems but have done some positive
work, too, though that's mostly in the past.
And as I've said many times, chivalrous males
often cause as much damage as the feminists
do.
Sharing Power in the
Home
There's an interesting
interview with
Paul
Coughlin, author of
No More Christian Nice Guy: When Being Nice--Instead
of Good--Hurts Men, Women, and Children,
on Crosswalk.com
here. I found the section below about sharing
power in the home particularly noteworthy. Coughlin
says:
"Men don't have much of
a say in their homes....Their wives usually
control most if not all of their social schedule.
And some wives misuse this power by cutting
out their husband's friends and sometimes their
family. This is abuse by another name.
"Wives have not been encouraged
to restrain their verbal strength the way husbands
have been told to control their physical strength.
Wives shouldn't misuse their verbal superiority
when arguing. They should withhold this strength
in order to make their verbal disagreements
more fair and beneficial for everyone involved.
"Some women don't understand
or appreciate masculinity given how an entire
generation has been raised to be suspicious
of men. Fathers must not allow this lack of
appreciation of masculinity to be unleashed
upon their sons."
CPB Ombudsman 'Welcomes'
PBS's Agreement to Make New Film
Corporation for Public
Broadcasting Ombudsman Ken A. Bode released
a report today in which he "welcomed" PBS's
recent agreement to commission another hour
long documentary on the issues raised in the
film Breaking the Silence: Children's Stories
and by the protest campaign against it. Bode,
who in two previous reports had
endorsed the
central charges made by fatherhood advocates
protesting the film, noted that "with
the possibility of litigation still lingering,
PBS did not admit that there was a violation
of its standards of fairness and balance."
Bode's report also contained
nearly a dozen letters he'd received about his
reports on the film, most of them from protest
sympathizers. To read Bode's new report, see
"Another
Look at "Breaking the Silence: The Children's
Stories (1/4/06). Bode's previous two reports
can be seen at
Corporation for Public Broadcasting Report:
'No Hint of Balance in Breaking the Silence'
(11/29/05) and
Corporation for Public Broadcasting Blasts
Breaking the Silence Again (12/19/05).
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a divorce, separation, or a child custody
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Critique
of Breaking the Silence Reveals Numerous
Falsehoods in Film
Fathers & Families of Massachusetts conducted
an extensive review of the assertions made in
Breaking the Silence: Children's Stories
and found numerous falsehoods and half-truths.
The group detailed these in its document
A Critique of the Scientific Basis for Key
Assertions in Breaking the Silence: Children's
Stories.
The report
found that while the film and those connected
to it repeatedly asserted that batterers win
shared or sole custody approximately 67% of
the time, the only data available in the publications
cited shows results of between 3% and 18%.
The Fathers
& Families report also asserts:
"No data whatsoever
are presented to support the film's central
assertion that 75% of fathers who seek custody
of their children over the mother's objections
are batterers. The references cited by
the film's supporters in most cases are a round-robin
of assertions, in which the same pool of authors
repeatedly cites each other's opinions, without
supporting data."
The film's
defenders cited a supportive document which
they claimed was written by the American Judges
Association. In fact, it was instead written
by the American Judges Foundation, a group which
does not consist of judges but instead of advocates
who seek to "educate" and influence judges.
The AJF's lead author was in fact feminist advocate
Dr. Lenore Walker. Walker is known as the architect
of the controversial "battered woman syndrome"
defense of women who kill the men whom they
claim abused them.
The document
also noted that professor Murray Straus, a noted
and widely published domestic violence researcher,
has charged in writing that two of his research
studies have been misrepresented in the Viewer's
Guide that accompanies the film. In addition,
while the film asserts that "children are in
most danger from their fathers, according to
Straus, "The evidence from many studies, including
Federal statistics on child abuse, shows that
mothers physically abuse children at a slightly
higher rate than fathers."
The entire
Fathers & Families report can be read by clicking
here.
Hartford Courant:
PBS Snubs Producers of Breaking the Silence
PBS's anti-father documentary
Breaking the Silence: Children's Stories
was co-produced by Connecticut Public Television
and Tatge/Lasseur Productions. Roger Catlin,
the Hartford Courant's TV Critic, today
noted that PBS is "responding to harsh criticism"
of the documentary "by commissioning a second
documentary on the same subject to air this
spring. But CPTV won't be producing it."
In his new column
2nd Child-Custody Program To Air: PBS Says This
Time CPTV Won't Produce Program (Hartford
Courant, 1/6/05), Catlin quoted from PBS's
December 21 statement that the hourlong documentary
commissioned for spring 2006 "will allow ample
opportunity for doctors, psychologists, judges,
parent advocates and victims of abuse to have
their perspectives shared, challenged and debated."
According to Catlin:
"It is not clear who will
make the follow-up documentary, PBS spokeswoman
Jan McNamara said Wednesday. 'Our programming
department is talking to a number of filmmakers
outside of Breaking the Silence's producers,'
she said. But, she added, CPTV will not co-produce
again. 'It would be done by another production
team.'"
Newspaper columnist Glenn
Sacks, one of the leaders of the protest campaign
against the film, noted that "McNamara and PBS
appear to be trying hard to walk right down
the middle on this without alienating either
side. That's fine--all we wanted from the beginning
was balance. If PBS had taken a balanced approach
to Breaking the Silence: Children's Stories,
there would never have been this controversy."
In his column Catlin also
noted that Corporation for Public Broadcasting
ombudsman Ken Bode "called PBS' decision for
a second documentary 'welcome news,' but said
its timetable gives it 'a very short deadline.'"
|
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|
Glenn Discusses
Restraining Orders on The Bob Conners Morning
Show
I discussed abuse of restraining
orders and the David Letterman case on
The Bob Conners Morning Show on
610
WTVN-AM in Columbus, Ohio on Thursday, January
5. In my co-authored column
PBS's Breaking the Silence: Family Law
in the Funhouse Mirror (Albany Times
Union, 10/20/05, Norfolk Virginian-Pilot,
10/24/05) I noted:
"Many courts grant restraining
orders to practically any woman who applies,
and research shows that these orders often do
not even involve an allegation of violence.
Once the order is issued, the father is booted
out of his marital home and can even be jailed
if he tries to contact his own children.
"By the time the court
decides custody, a firm precedent has already
been set that mom is the primary caretaker,
and she will likely get sole (or de facto sole)
custody. The father is pushed to the margins
of his own children's lives even though he has
never been found guilty of any wrongdoing or
criminal offense...[this gives] mothers veto
power over fathers' fatherhood."
Best Wishes,
Glenn Sacks
GlennSacks.com
HisSide.com
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