Introduction
No law has been so misused
by feminist connivers and
their manipulative allies,
and wreaked as much havoc
in families, as has the
Massachusetts restraining
order law. (Except maybe
the child abuse laws.)
A person seeking a restraining
order from a court can tell
a judge about fear of "abuse"
in a vague manner, with
no chance for the defendant
to respond, with no presentation
of evidence, and with no
test to see if the claim
is true. The court will
almost always then issue
an order - an order which
costs the other family member
the loss of everything that
is important - children,
home, possessions, guns,
(and often a lot more) forever.
We would never allow a
criminal defendant to suffer
such penalties without preserving
all of his constitutional
protections, yet we give
a restraining order defendant
almost no due process at
all. At least in the Soviet
Union they were honest about
their intentions: First
they try you, then they
shoot you. Here, they pretend
that it is all done quite
legally.
Until the restraining order
is law is changed, thousands
more outrageous cases like
the ones set forth here
will keep happening. Most
allegations of abuse are
false, and simply giving
out orders on a whim must
stop, and soon. The few
legitimate cases of genuine
abuse can handled with existing
laws, and without suspending
the Constitution. For each
case of real abuse, many
families are destroyed needlessly.
The law must be amended
so that only those who commit
provable, genuine abuse
are affected, and so that
minor arguments in families,
or divorce related revenge,
can no longer result in
a restraining order and
its inevitable destruction.
Here are a some cases showing
all too painfully why the
restraining order law is
an outrage:
Edward (Zed) McLarnon
A very involved Dad has
been kept from his son since
1994 by a series of false
accusations and restraining
orders, through the manipulations
of a connected ex-spouse
and her social worker husband.
In collusion with friends
inside the court, Mr. McLarnon's
court hearing tapes have
been edited, case file falsified,
and judges coerced to give
out restraining orders with
no legal grounds to do so.
The Massachusetts restraining
order law can be easily
used by a person bent on
post-divorce vengeance to
manipulate the legal system
to hurt the ex-spouse. In
so doing, it usually ends
up hurting the children
just as much.
The case of Mr. Edward
(Zed) McLarnon perfectly
illustrates this process,
and shows why this law is
so evil - It has been used
to disrupt, brutalize, and
permanently harm his family,
with no end in sight. Here
is a brief summary of SOME
of what happened when unscrupulous
people inside and outside
of the courts used this
abomination of a law to
their own selfish ends.
Mr. Zed McLarnon's troubles
started when his ex-wife
Virginia Jokisch married
a social worker named David
Douglas, who is an appointee
of the Governor, and who
instructs courts, social
workers, and other government
entities about domestic
abuse. Mr. Douglas founded
men's batterer treatment
programs Emerge and Common
Purpose** (See below).
In 1994, Mr. Douglas and
Mrs. Jokisch filed affidavits
in court which falsely accused
Zed of abuse in order to
get a restraining order.
This was to get Zed out
the picture and to terminate
Zed's relationship with
his son, Ian. Mr. Douglas's
affidavit contained a long
section where he, under
his professional credentials
as a social worker, 'diagnosed'
Zed as an "abuser",
having barely met him, and
having never done any kind
of clinical evaluation.
Because judges are often
suckers for this sort of
thing, the Concord District
Court, then the Middlesex
Probate and Family Court
granted a series of restraining
orders against him, so that
he could not see his son
at all. Mind you, he had
NOT DONE A SINGLE ACT OF
ABUSE. The son later clearly
admitted it under oath,
but that does not seem to
deter courts from issuing
orders on false testimony.
Mr. Douglas, knowing how
to manipulate the system,
was able to exploit relationships
inside the court to keep
the order in place from
1994 until today. All without
an evidentiary hearing.
During these last six painful
years, Zed has not seen
his son, except for once,
other than in some legal
setting. Night after night,
he contemplates what might
have been, and prays for
an end to the nightmare.
He dearly loves his son,
had been a custodial Dad,
and had cared for Ian during
the first years of his life.
Now, during his critical
teen years, he could have
no input in his life.
Mr. Douglas continued the
manipulation of the court
in a number of ways during
the years, all with help
from court insiders. For
example, in 1994, some of
Mr. Douglas' social worker
friends, David Adams and
Lisa Gary, prepared clinical
evaluations for a guardian
ad litem report which condemned
Zed as an abuser without
ever having met or interviewed
him! (What a feat of clinical
skill!) Unbelievably, even
though they both literally
worked as colleagues of
Mr. Douglas himself, their
contrived reports condemning
Zed are still in the file
to this day.
Mr. Douglas used his considerable
resources inside the Court
to have Zed's official court
hearing tapes edited to
frame him as an abuser.
Two different tapes have
over 10 places where they
were edited. Several more
have edits as well. His
court file has been doctored
to conform with those changes
in the evidence at hearings.
The Court docket has also
been toyed with, to the
point where Judge Beverly
Boorstein declared the official
Court docket "no good."
During most of this ordeal,
Zed and his attorney have
repeatedly been refused
access to his public files.
Every time we went in, they
were "lost". Every
time.
Not content with the destruction
of a restraining order,
Mr. Douglas and Ms. Jokisch
also wanted to snare Zed
in a criminal violation
of the order. So, they falsely
accused him of violating
the restraining order, and
brought him to Cambridge
District Court. They had
doctored a restraining order
to present to the court;
However, Zed had the real
one with him, and was able
to show the court their
perjury, and get the complaint
dismissed.
They were not too pleased.
So, to teach him a lesson
about being impertinent,
three days later Zed was
pulled out of his car and
beaten and hospitalized
by two big goons who threatened,
"don't go back to court
if you want to see your
kid again."
This sort of dreary oppression
went on for years, all without
a hearing on the merits
of the restraining order.
Every year, it was just
automatically re-granted.
Fast forward to the year
2000. In March, Zed's attorney
presented some motions to
the Middlesex Probate and
Family Court to try to get
the record corrected, and
get an evidentiary hearing.
The packet of documents,
meticulously prepared and
proven, was several inches
thick. The judge gave Attorney
Hession only a few minutes
to argue the case, and he
was barely able to start
explaining the issues.
Without ruling on any of
the substantive motions,
the judge slapped a $3,500.00
fine on Zed, to teach him
not to rock the boat that
way. Then, when he didn't
pay it, he was brought in
on contempt, and before
he could say A SINGLE WORD,
was thrown in jail. As Lenny
Bruce once said, "In
the halls of justice, the
only justice is in the halls."
In December of 2000, Zed
and Attorney Gregory Hession
were allowed to address
the Massachusetts Supreme
Judicial Court about the
corruption in the Middlesex
Probate and Family Court.
Of course, the Court validated
its own, and said that we
should have gone to complain
to an administrative office
of the Probate Court. This
was after having gone to
the Inspector General, the
FBI, the Middlesex District
Attorney, the Cambridge
Police, the Probate Court,
and having each one either
ignore it or refer it to
somewhere else.
Not one person has refuted
Zed's claim that his official
hearing tapes are edited,
or that his court file has
been manipulated. His opponents
have only used procedural
ruses to keep a court from
having to address it directly.
This case shows virtually
all of the things that make
the current restraining
order law so dreadfully
unjust. Rather than accomplish
its purpose to stop abuse,
the law has been manipulated
by insiders to destroy a
family. This law must change,
and someone needs to pay
for the wrongdoing to Mr.
McLarnon.
**(These programs use extortion
and coercion to extract
an admission from the participants
that they are abusers, with
the threat that they may
go to jail and lose their
families forever if they
don't admit it. Either they
must admit to being a batterer,
which makes them guilty,
or deny it, and become a
"batterer in denial,"
which also means that they
are guilty!
There is a huge financial
incentive to find "abuse"
in every case. The people
involved in the "abuse"
racket are like a man with
a hammer, who thinks everything
around him looks like a
nail. If the people are
in the program, it is assumed
that they must be abusers,
despite the fact that there
is almost never is clinical
determination of that prior
to being 'sentenced' to
such a program.)
Hal Wittner
A Father has been kept
from seeing his children
for over four years by a
restraining order issued
the Berkshire County Probate
Court, based on an ex-wife's
false allegations of abuse.
There has not be a single
evidentiary hearing. He
was cleared of all these
allegations in the state
of California, but the Court
has so far not wanted to
see ANY evidence.
___________________________
Hal Wittner has been kept
from seeing his three little
children in Berkshire County
for over four
years by a restraining
order taken out by a vengeful
ex-wife, without an evidentiary
hearing. One would think
that a court would require
serious allegations to be
verified by some sort of
evidentiary hearing; However,
not when it comes to a restraining
order. Hal has been to court
over 20 times, and not a
single professional has
testified that he is abusive,
yet that has not mattered.
Mr. Wittner has not seen
his children ONCE since
1996. Naturally, he is heartbroken
and cynical about the system.
As in all these restraining
order cases, there is a
long and frustrating history.
Mrs. Wittner (now Beth Carroll),
while living in California,
made a complaint that a
neighbor was abusing their
children, but was suspicious
that her husband may have
been involved. After all
kinds of investigations
by California child protective
services, the San Diego
District Attorney, and Children's
Hospital, Mr. Wittner was
cleared of wrongdoing.
Mrs. Carroll then moved
to Massachusetts and filed
a false affidavit accusing
Mr. Wittner of the abuse,
and asked for a restraining
order. It was granted, without
an evidentiary hearing.
That means there was no
medical evidence, no professional
testimony, no hard proof,
no cross examination, no
presumption of innocence
- and - no hope of winning,
because accusations are
usually believed by judges,
regardless of the evidence
or lack thereof.
Even though Mr. Wittner
received the most extreme
punishment he could get
- no contact at all with
his children kids - he was
still not allowed to present
his evidence. The iron curtain
of the restraining order
law keeps Mr. Wittner from
his children to this day.
We are attempting to break
through that wall and prove
that there was no abuse,
but it will be an uphill
fight.
[ SEVERAL MORE CASES WILL
BE FEATURED IN THIS SECTION.
CHECK BACK SOON.]
From Greg Hession web site
at:
http://www.massoutrage.com/rocases.htm