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The Divorce Industry and the SLAPP Tool

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The Divorce Industry and the SLAPP Tool

I recently found an interesting new video on YouTube. The video is by a gentleman who owns the website 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. Again, his website is DaddyJustice.com, and he has a great series of videos on the site which details his difficult but extraordinary journey.
Have you ever wondered why it is so difficult to legally refute false accusations made against a partner in a divorce or custody case? 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 original application of SLAPP was to solve a problem between environmentalists and logging companies in California. The logging companies were repeatedly suing the environmentalists because they wanted to keep them from speaking out against them. With their unlimited resources, the logging companies could keep the environmentalist in court and effectively silence them. 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 (or states they believe) that 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 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.
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.
For more information on how to protect yourself during your divorce, and for ways to protect yourself against a restraining order, visit my site: www.RestrainingOrder911.com.

Article Source: http://www.thearticleinsiders.com

By: Ron Lasorsa


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