In today’s blog post I’d like to talk about an interesting development that I found on YouTube. There’s a gentleman with a website called DaddyJustice.com and I wanted to give him a shout out because during the course of his own personal battle, which he describes as six and a half years and four-hundred thousand dollars, he has actually attained the rarest of animals in the divorce field. He fought through the process and won a perjury conviction against the mother of his child—a woman who had made false accusations against him. The website is DaddyJustice.com and he has an interesting series of videos on there where he chronicles all of his trials and tribulations.

Perjury and a False Restraining Order

So this week, I wanted to talk with you about why it is difficult to obtain a perjury conviction in a false restraining order or in the case of false accusations made against you by your partner. I’m referring to something called SLAPP (Strategic Lawsuit Against Public Participation). The Wikipedia definition of SLAPP is: “a lawsuit or a threat of lawsuit that is intended to intimidate and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition. Winning the lawsuit is not necessarily the intent of the person filing the SLAPP. The plaintiff’s goals are accomplished if the defendant succumbs to fear, intimidation, mounting legal costs or simple exhaustion and abandons the criticism. A SLAPP may also intimidate others from participating in the debate.”

Originally, SLAPP was created by the California legislature to solve an issue that arose between environmentalists and logging companies. The environmentalists wanted to file suit against the logging companies, but the logging companies with their unlimited funding and resources would simply file lawsuit upon lawsuit on the environmentalists to try to wear them down. So the legislature put in place this SLAPP provision so that the logging companies could not use lawsuits to try to silence their opposition.

Now, the divorce industry has perverted that process and said that in the case of divorce, the defendant could not file a perjury charge against their ex-spouse if they had a reasonable basis to feel that their charges were correct. So basically, my ex-wife could file any charge she wanted against me, with the only provision being that she feels she has a reasonable basis for them. Never mind that my due process rights are violated, and that I’m not allowed to countersue for perjury. The real kicker is that if I was found to have violated her SLAPP rights, I would be responsible for paying her attorney’s fees. And who decides if her charges have a reasonable basis? The judge, who is also part of the Divorce Industry.

The idea I’m trying to get across is that in the case of SLAPP, legislatures have granted it with a noble purpose of allowing activists to file charges against big business, but the Divorce Industry has perverted it and interpreted it to mean that a Plaintiff can file a domestic violence lawsuit without fear of reprisal or the defendant to file perjury charges if in fact the claims were untrue.

This is just one of the reasons why restraining orders are so tough to beat; and more evidence about how insidious the Divorce Industry is. They are willfully allowing liars to file false charges in order to separate children from their own fathers.

This entry was posted on Wednesday, October 22nd, 2008 at 3:43 pm and is filed under SLAP and Perjury. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.