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? The reason is a legal provision 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. The California legislature originally created SLAPP to solve a problem arising 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.
That very same process is now being twisted and used by the divorce industry to prevent a defendant in a divorce case from filing a perjury charge against their ex, as long as the ex-spouse believes they have good reason for their claims. So what it boils down to is that in a divorce, one person can claim whatever they want against the other person as long as they say they have a reason to believe it is true. Never mind that my due process rights are violated, and that I’m not allowed to counter sue for perjury. The real kicker comes when you have actually violated SLAPP rights. Then you get to pay for your accuser’s attorney.
Basically, the problem with SLAPP is that it was originally conceived for a valuable and noble purpose, and now it has been perverted in order to suppress the rights of individuals during divorce proceedings.
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.
By Ron Lasorsa