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Joe Cordell Discusses With Lawyers.com Judge’s Bizarre Ruling In Facebook Case

 

facebook2A Cincinnati judge ordered a man to make daily apologies to his estranged wife on Facebook after the man posted about how she keeps him from seeing his children, resulting in “probably the most glaring example I’ve seen in recent times of abuse of orders of protection,” according to Cordell & Cordell co-founder Joseph Cordell.

The judge ruled that Mark Byron violated his restraining order by posting a status update on his Facebook page calling his wife an “evil, vindictive woman.” His wife found out about the post, complained to the judge, and the judge ordered Mark to apologize or face 60 days in jail.

Privacy and free speech advocates have assailed the ruling, but Cordell told Lawyers.com that an overlooked issue at play here is the fact that restraining orders are biased, overused, and too easy to obtain against men.

“Every day in courtrooms across America, orders are being issued with very vague allegations, and nothing remotely approaching actual physical abuse,” Cordell told Lawyers.com. And the consequences are deep. “It literally sinks the man’s ship in terms of primary custody in many states. When you place the stakes this high, mere allegation is enough.”

Since an order of protection is written in a way that is much broader than needed, thus leaving wide discretionary latitude for a judge, the result is something that comes out of this bizarre Facebook case, according to Cordell.

“A guy making a statement to a third party, not suggesting or implying any physical harm, but because a judge sees it as harassment or emotional abuse, the court feels it’s in the parameters of a violation of an order of protection,” Cordell said.

Read the full article: “Judge Orders Divorcing Husband To Apologize on Facebook

HuffPost Article Highlights Protective Orders Abuse

Joseph CordellThough the terminology varies by state, orders of protection are uniformly known as “tactical nuclear weapons.”

With the ease of obtaining an emergency order of protection based on little to no evidence, women are increasingly using these orders as part of a beneficial legal strategy in divorce and child custody cases.

This according to Cordell & Cordell co-founder Joseph Cordell in his Huffington Post article “Orders of Protection: And Justice For All?

Cordell writes: “With a small statement, the accused (again, the man in about 85% of the cases) can be forced to stay out of the home, barred from parenting time, and prevented from any contact with his children, including through phone and email. In an instant, his house and kids can be taken away from him. In effect, the order becomes a de facto sole child custody order.”

Read the full Huffington Post article on how women are abusing these protective orders against men for strategic gains.

False Claims of Abuse in Custody Battles

Across the nation, some men believe they are being victimized by court systems that allow women to make unquestioned, false claims of abuse against their current or ex spouses. In response to these claims, fathers’ rights groups and law firms have begun to fight back.

One such law firm is the St. Louis-based firm Cordell & Cordell. Attorney Dorothy Ripka said there is “a stereotype of prejudice (against men), that has existed for a long, long time.  But stereotypes just aren’t appropriate in determining what’s in the best interest of the child.”

To gain the upper hand in divorce and custody battles, some women have begun to seek protective orders with false claims of abuse.

Ripka called protective orders “the most abused process in our court system. People use it to get a leg up in the court system all the time. It becomes a he said/she said. You have to prove something didn’t happen.”