BILLS FILED IN NEW YORK PROPOSING ELECTRONIC MONITORING OF THOSE THAT HAD RESTRAINING ORDERS ISSUED AGAINST THEM

Wednesday, April 25, 2007
By Rinaldo Del Gallo, III

Wednesday, April 25, 2007

BILLS FILED IN NEW YORK PROPOSING ELECTRONIC MONITORING OF THOSE THAT HAD RESTRAINING ORDERS ISSUED AGAINST THEM

New York has finally completely lost it. In addition to handing out restraining orders like lollipops, now there are bills filed to make such individuals wear electronic monitoring devices. We are not talking about sex offenders or anybody convicted of a crime and out on parole. We are talking about your nickel and dime restraining order case where a criminal conviction was not possible. Welcome George Orwell’s “Big Brother” of the novel 1984. Goodbye privacy. This is the acme of personal invasion and personal degradation. It is one thing to require a man to wear an electronic monitoring device that has been convicted of attempted murder and is out on bail. It is another to force a man to wear one when there was an argument after he caught his wife cheating on him—a common scenario where a restraining order issues.

One company that makes the devices, Omnilink Systems, couldn’t be giddier. They sent out a press release regarding their hope that the bill becomes law. People who have actually been convicted of actual serious acts of domestic violence are usually already imprisoned. Restraining orders are often given out after heated arguments when the woman claims she was afraid. States the press release, “We applaud State Assemblyman Ortiz and the State of New York for working aggressively to pass Bill A5424 for the public safety of New Yorkers.” Don’t forget Omnilink to also send him a nice, fat check. There website is http://www.omnilinksystems.com Congratulations Omnilink, and welcome to the Domestic Violence Industry. Join the dozens of mental health professionals, probation officers, judges, clerks, and court house personal that would have to go out and get real jobs if getting a restraining order wasn’t as simple and easy as ordering a Big Mac. Celltrack is another company trying to get rich at the expense of fathers.

One Arizona law firm, Baker Law Associates, has on their website, “However, some communities are aggressively prosecuting domestic violence crimes, in which case jail time, house arrest, and electronic monitoring are routinely sought, even in first offenses and cases with only minor injuries. Subsequent offenses are almost always charged as more serious offenses, carrying more serious penalties. The main goal of a firm experienced in domestic violence cases is to get the charges dropped or reduced to a lesser offense and keep you out of jail. The prosecution may seek to introduce evidence of prior domestic violence incidents, whether or not they resulted in convictions. Many state legislatures have created exceptions to the rules of evidence, making evidence of prior uncharged incidents of domestic violence admissible, even though evidence of other crimes are not. If you have had prior charges brought against you, you must contact your defense attorney as soon as you believe that other charges may be brought.”

Notes George Courtney of the Fathers’ Rights Association of New York, “This needs to be widely publicized and defeated at all costs. It is tantamount to Nazi law.” In restraining order cases, there need be no witnesses, there need be no evidence corroborating the claim, and in many instances restraining orders issue when there was not violence or the threat of violence. Often, the person that is issued a restraining order didn’t initiative the violence, or in cases when there was no violence, did not initiate the argument.

Elaine Epstein, former president of the Massachusetts Bar Association, admitted, “Everyone knows that restraining orders and orders to vacate are granted to virtually all who apply…In many cases, allegations of abuse are now used for tactical advantage.” (Epstein E. Speaking the unspeakable, Massachusetts Bar Association Newsletter, 1993.) Now they can be used not only for a tactical advantage, but to cause the most extreme humiliation.

RADAR, a group that seeks accuracy in domestic violence reporting, states that “In most states a person can get a restraining order simply by claiming he or she is ‘afraid’ or ‘fearful,’ without providing proof or verification. As a result, half of all restraining orders are issued without even an allegation of physical abuse. In most cases, it is the husband or boyfriend who the target of the order.” http://www.mediaradar.org/press_release_20060906.php

Rinaldo Del Gallo, III, Esq.
Spokesperson of the Berkshire Fatherhood Coalition
http://www.berkshirefatherhood.com
413-445-6789

A Senate and House version of a Bill mandating people where electronic monitoring devices have been filed in New York. The Bills are House Bill AO524 and Senate Bill S4796

http://assembly.state.ny.us/leg/?bn=A05424

http://assembly.state.ny.us/leg/?bn=S4796

About Rinaldo Del Gallo Rinaldo Del Gallo, III, Esq. is the spokesperson of the Berkshire Fatherhood Coalition, whose website is BerkshireFatherhood.com. He has been practicing family law attorney and has been a member of the Massachusetts bar since 1996. Mr. Del Gallo has handled a wide variety of family law cases including issues of child custody, child visitation, child support, restraining orders, grandparent visitation, contempt of family court, access to academic records, guardianship, allegations of abuse, criminal allegations related to domestic violence, disputes over the care of a child, and care and protection proceedings before the Department of Social Services. For years, he has hosted bi-monthly free legal seminars for people of any gender having problems in family court. On behalf of non-custodial parents, he has had made numerous media appearances in printed news, radio, and television. He has authored numerous family law related articles and columns. He has performed extensive bro bono work for fathers. Attorney Del Gallo also has extensive experience as a civil rights attorney, working in the areas of free speech rights and ballot access. Mr. Del Gallo is also an intellectual property attorney and a patent lawyer, and has written what is regarded as one of the most famous law reviews in the area of patent law, “Are Methods of Doing Business Finally Out of Business As A Statutory Exception?,” that helped end the so-called “business method exception,” which paved the way for an entire field of software and Internet related patents. Attorney Del Gallo graduated from Northeastern University (Boston) with a Bachelor of Science degree in Electrical Engineering, and graduated from George Washington University (Washington) in the top of his three-year class. | More from Rinaldo Del Gallo, III

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13 Responses to “BILLS FILED IN NEW YORK PROPOSING ELECTRONIC MONITORING OF THOSE THAT HAD RESTRAINING ORDERS ISSUED AGAINST THEM”

  1. 1
    Roger Knight Says:

    I discussed this exact thing at

    http://www.antipeonage.0catch.com/nongovenemies.htm

    I posted the original version of this page back in about 2002 or so.

  2. 2
    CaptDMO Says:

    Before I even check Mr. Knights post=

    Somehow I suspect that implantable RFID capsules, JUST LIKE
    the ones developed and refined on livestock, pets, and some humans,
    will be in the news soon.
    I suggest resistance toward ALL proponents personally, at EVERY level.
    No quarter, no mercy.

  3. 3
    mruffolo Says:

    Restraining orders are issued in divorce court. Judges hand them out to fathers like candy on halloween.

    The girlfriend/wife just needs to ask the the boyfriend/husband, and she will get a restraining order (order of protection)..

    Some orders are good until they are reversed. Most orders are standard two (2) years.

    With the democrats in charge, so feminists have more influence, I expect additional anti-father/male legislation.

    Divorced dads are treated like criminals in a feminist state.

    Be wise do not marry an American woman.

  4. 4
    Joi Says:

    The way things were going I suspected something like this would happen. I spoke about it to a female friend back in 2003 – 2004 or so. She agreed.

    I thought it would start with the “sex offenders first” then once the public was use to it we would see it broadened to other men; such as the example above “restraining orders.”

    It is an excellent way to humiliate, and demonize men in the “public sphere,” hence taking away a bit more of their “humanity,” while making men more “sub human.” Once the public sphere is accustomed to seeing men as sub human removing even more civil rights from them is easier. This is not a new tactic. We all saw it in 1939 Nazi Germany with what happened to the Jewish population and how it got that way.

  5. 5
    mruffolo Says:

    Chinese tourism authorities are seeking investment to build a novel concept attraction — the world’s first “women’s town,” where men get punished for disobedience, an official said Thursday.

    http://www.reuters.com/article/oddlyEnoughNews/idUSKUA64707120070426

  6. 6
    Virtue Says:

    Holy shit…..this is too much…..this is like Boston Tea Party too much

  7. 7
    thurston861 Says:

    Wonder how David Lettermen would have felt about this?

    Since all men are rapists because they possess the equipment, and all gun owners are mass murderers becuase they own a gun, it is time for all men to go down and regiseter as Sex offenders at the age of 13.

  8. 8
    rastus Says:

    Virtue: Have you any good ideas for that tea party? What form would you or others here suggest? A suitable demonstration of our displeasure would indeed seem to be in order.

  9. 9
    Virtue Says:

    Economic in nature…..nothing else matters but money so it would have to be something that would cause a major financial impact

  10. 10
    Virtue Says:

    My thoughts to start are to start two grass roots type campains, both internet based. The first is to require all levels of government to post on the internet in PLAIN EASY TO UNDERSTAND LANGUAGE AND FORMAT where every dollar they control comes from and where every dollar is spent (excluding classified military spending)

    The second is to re-write every law that effects US citizens (from federal to local) So that every law is easily understood at a 10th grade reading level.

  11. 11
    Greg Says:

    Talk about a bad idea. On the plus side, this wouldn’t make it past the first court challenge… well it definitely wouldn’t make it past the federal appeals court, well probably not…
    Wow, 10th grade level, aren’t you the optimist;) Public school hasn’t improved that much, has it? I do like the budget idea though.

  12. 12
    waldo1 Says:

    If the MEN in NY are unhappy with the way things are going, maybe they should leave. Just move out of state. Go now. If 10% of the men left don’t you think someone would notice? They won’t do it because they were programmed in the public schools to line up, shut up, and do as you’re told.

  13. 13
    Joi Says:

    All this makes me really sick to my stomach.

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