Articles Posted in Domestic Violence

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It’s 9:45 am and your phone rings. The caller ID says that it’s your ex-girlfriend and you smile, hoping that she’s had a chance to think about it, she misses you and is calling to suggest you get together to talk about it. Instead she says “this is formal notice that I’m seeking a temporary restraining order in Orange County today at 1:30”. With that, she hangs up. You show up at court and realize that not only is she seeking a court order to prevent you from contacting her for 3 years, she’s asking for full control over the home you share together and attorneys fees.

Sheriff deputies show up at your door, confirm your identity and hand you a restraining order, telling you that you need to stay at least 300 yards away from Joe Schmoe, the jerk who works down the office hallway, who you’ve been waiting for the boss to fire. What does this mean? Can you legally even show up at work?

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The Fifth Amendment is at issue this week in two high-profile cases: the marital mishap of professional golfer Tiger Woods and the surprise convictions of the American student perhaps wrongfully convicted of killing her roommate, Amanda Knox and her boyfriend. The Constitution protects each and everyone of us from false confessions or prosecutorial twisting of our words. Simply put, it grants us the right to remain silent. Tiger Woods has, of course, invoked this right. Amanda Knox, however, spent days talking with Perusian investigators without an attorney. She was deprived of sleep and told to “imagine” scenarios under which her roommate could have been killed. She did. Investigators then called those scenarios “explanations” and within days of the murder, she was publicly touted as her roommate’s killer.

The Amanda Knox trial has received so much attention because of the lack of otherwise credible evidence. Although there was a ton of forensic evidence, none of this evidence linked the girl to the crime and the defense was not allowed to bring in its own forensic evidence, showing she could not have committed the murder. The conviction of this young girl with no known motive and no criminal record led former OJ Simpson prosecutor John Kelly to declare this “the most egregious international railroading of two innocent young people I have ever seen… It’s a public lynching based on rank speculation.”

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