My Response to the January 29, 2015 RestrainingOrderAbuse.com Post

I typically do not cut and paste a response I make as part of an online discussion. I generally make my response as part of my engagement in that discussion and leave it there in the full context it was intended. However, I have decided to make an exception only because it is my intentions to further write and expand on thoughts and impressions that began as part of my online participation on RestrainingOrderAbuse.com (ROA).  As a matter of efficiency so I can move forward in the story, I am “recycling” my own writings.

Todd of RestrainingOrderAbuse.com (ROA) and I have had some fascinating online discussions on the issue of restraining order abuse and how it appears to be so prevalent. Legal scholar Aaron H. Caplan has written an excellent paper (Free Speech and Civil Harassment Orders) that outline the reasons why this happens so frequently.  Todd through his work ROA has been the single most helpful resource on the subject matter. I give him full credit as providing the important bridge that allowed me to learn about Aaron’s fine paper and First Amendment legal scholar Eugene Volokh and his First Amendment Amicus Brief Clinic that ultimately led to Eugene’s amicus brief on behalf of the EFF in support of my position in my appeal with the Georgia Supreme Court.

Todd and ROA covers the largely underground and legal phenomena of restraining order abuse that exist within local community courts throughout the U.S.  Before ROA, I thought my case was the rare exception but I am learning it is far more prevalent than is commonly known mainly because the people who are on the accused end of a protective/restraining order are often unrepresented by an attorney, ignorance of trial procedures, and ultimately shamed and embarrassed into silence and anonymity. In my case, with my work through ExtortionLetterInfo.com (ELI), the ELI Forums and other business dealings, I have learned silence and secrecy often does not work for underdog positions. In legal matters, if you do not have an experienced and knowledgeable lawyer, you are in an underdog position.

To regular readers of Defiantly, you know my recent run of my commentaries have revolved around April Brown, her upcoming book “Poetic Justice”, the Dash Poet’s (Linda Ellis) online smear attacks against April, then me, her cyber-strafe against Greg Troy’s business websites.

Rather serendipitously and unexpectedly, the Dash Poet reignited the dialog between myself and Todd from ROA through one of her smear posts about me on ROA. Todd was gracious enough to bring it to my attention which triggered the recent set of conversations I’ve been having with him.

It appears that Todd’s following of my and Betty Krachey’s very outspoken, public campaign to stand up to overreaching and abusive protective/restraining orders and calling out are respective accusers inspired him to recount his own story that began in 2006 and subsequently led to a hearing in 2013 that led an Arizona Superior Court in Pima County to forbid Todd from ever discussing or mentioning by name his accuser.

I’ve “heard” Todd’s story three times since July 2014 when I first encountered the ROA website. In July 2014, Todd asked me via email to not reveal his full name. Back then, I had no reason to mention him at all except to publicly thank him and give him credit for his work on the ROA website. Even recently, I had no reason to share his full name publicly out of respect for his privacy. In fact, even though I knew his full name and knew approximately where he was from, I didn’t “dig” into his background or legal case, again, out of respect for his desire for privacy.

But all that changed January 29, 2015 when I was exposed to his story for the fourth time. He tantalized me with his retelling using no real names, veiled references to his accuser and other parties, but most compelling to me, the alleged court order/instructions to him to wipe away all named references to his accuser, legal adversary, and even forbidding him from naming and speaking publicly ABOUT his accuser on his own website. His telling of his alleged legal experiences and court order/instructions sound all TOO FAMILIAR and was simply TOO SIMILAR to what my current appeal with the Georgia Supreme Court is all about. Todd’s First Amendment rights to free speech online had been severely trampled on. Despite my earlier attempts to get more information from him, Todd wasn’t very forthcoming about any specific legal information, legal details, or any court documents he might have in his files.

After some thought and unbeknownst to Todd, I decided to move ahead and do my own independent investigation into him, his case, circumstances, and any court documents I could find to either corroborate or challenge his story. My public response to his story is what I am now cutting-and-pasting here (with the exception of proofreading errors I have since corrected).

I am setting the proper context because it is my intention to move forward in writing and more fully disclose what I found in my own independent investigation into his case.

 Todd, I have followed your case with great interest. And despite your attempts to remain anonymous on ROA, I have known your full name since last year by piecing information together. The first clue was the PayPal contribution I happily made to ROA last year. PayPal sent me a receipt of the person who owns the PayPal account. However, it only revealed the first initial and last name. I saw someone on ROA call you “Todd.” Todd is also listed on one of your email addresses.

Out of respect, I have kept your full name to myself. But people should know that based on only a few pieces of information, I was able to do a Google search on the few pieces of information I. I found a Tucson Arizona writer and author, named Ryn Gargulinski, sympathetic to your plight.

On August 26, 2011, Ryn wrote a blog post about your case and your ROA website. I certainly don’t know what her connection to you is but she clearly explains your position and story well. The story posted on Ryn’s blog is consistent with your version of the story. Given that this has all occurred in Tucson, Arizona it wasn’t hard to figure out that the superior court in Tucson shows it to be Pima County.

Google lists the superior court in Tucson/Pima County to be the Arizona Superior Court in Pima County. The superior court website reveals to two legal instruments. An “Order of Protection” and an “Injunction Against Harassment.” http://www.agave.cosc.pima.gov/

Quite conveniently, the Pima County Clerk of Court provides an online search feature. http://www.agave.cosc.pima.gov/PublicDocs/

I typed your name and it reveals a short list of cases and who you might have had legal conflicts with. Given that you shared that your struggles began 9 years ago and that there are only two individuals of which you appear to have a legal dispute (one appears be family related to you), it only leaves one name. Her first name is Tiffany. An additional plaintiff, shows a Philip. That is the husband and wife team who ganged up on you. I know who they are and know the city they reside.

Without knowing anymore than the public story you shared and assuming you have told the material facts truthfully, I am of the opinion that Tiffany engaged in a flirtatious/emotional affair with you. Based on her photo, I can see how you might have gotten entangled with her. She carried her little emotional/flirtatious affair with you but something suspicious/unhappy probably got back to her husband, Philip. Tiffany probably concocted a story that you were “stalking” her to cover her own ass. Unfortunately, as has been said many times before, it is your word against hers. And many male judges will give women the benefit of the doubt as they are the ones that people believe need “protecting.” I know from first-hand experience.

I googled Tiffany and I can see where she might be frightened for your case to “go public” or even naming her. I have rarely encountered anyone with such impressive background and credentials. I can absolutely see how you could lose in court going up against someone like her. Linda Ellis never had the background or credentials Tiffany did. Hell, I have an MBA and Tiffany has a PhD! It would be natural that most of her friends would be equally credentialed.

Intelius FREELY reveals she is her 30’s, a Capricorn, and a Toxicologist at Texas Commission on Environment Quality. She appears to have worked for the University of Arizona a period of time.

Philip had far fewer entries. Intelius reveal he is a Gemini and a Project Manager in a similar environment industry to what Tiffany works in.

The Google entries on Tiffany are substantial. Given what you have written about her side’s betrayal of you, DO NOT FALL FOR IT AGAIN. DO NOT ENGAGE ANYONE ON HER SIDE! They betrayed you once and they will likely do it again. IT WILL BE A LEGAL DEATH TRAP FOR YOU! Tiffany might try to apologize but I think too much damage has been done based on what I see in court records and filings. I agree with you, she doesn’t care much about you. I absolutely agree that public exposure is what she is avoiding. You may be restricted in talking about the details of your case and her identity but I am not.

This might be a story I will write up on Defiantly. It looks like I might be calling someone in Tucson to get some court documents to read for myself.

I understand this long reply may get taken down and she may forbid you from speaking out about her. Remember, Section 230 CDA protects you from what your users post. She cannot hold you responsible for what I post here on ROA. And everything I have posted is easily verifiable in public records and Google. I am under no such restriction to write about this case and do my own digging into Pima County court records. I want to know the full story for myself.

I highly urge you to make a stand now. All of this can be easily found in Google and the Pima County Superior Court. She has been found out. The bell can no longer be unrung.

If you truly want to take back control and power, now is that time. Make a stand. I am someone who has unilaterally under my own initiative to help tell your side of the story. I may not have a PhD, her blond hair, or her scientific mind but I know something about getting the truth out and understand your position. The one-sided story is over. Your efforts on ROA to help others has not been wasted.

Going forward on Defiantly, I will be picking up where today’s article has covered thus far. For anyone who want to specifically follow this story, the two tags I will use are “restraining order abuse” and “RestrainingOrderAbuse.com.”

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About Matthew Chan 103 Articles

Matthew is the Publisher and Editor of Defiantly.net. He is also the Founder, Editor, and Host for ExtortionLetterInfo.com. Matthew is the author of several business books & audio programs. He is an entrepreneur, real estate investor, and First Amendment advocate.

4 Comments

  1. Mirror sites. Aren’t they great? I was right in the thick of Julian Assange’s WikiLeaks when the Bank Julius Baer leaks came out — reading, laughing, and pumping adrenaline. A California judge immediately shut down the American site showing all the billions of dollars in thievery that bank was involved in. The bank and their lawyers thought they had put a lid on it until they saw that mirror sites all over the world had published the same gigabytes of incriminating information.

    • “Larger” more powerful parties hate it when the truth comes out. In the age of the Internet, it is all about how you publicly respond and take responsibility, not how much you can threaten someone. The Streisand Effect teaches us that the more someone tries to suppress information, the more attention it wants and to be shared.

  2. I am interested in speaking about my situation to anybody who can help make it public. I am in a very similar situation as Todd, and my accuser is herself an attorney with borderline personality disorder. She has used her knowledge of the court system to completely make my life a living hell. It started when I broke up with her. Next came the false accusations which led to a restraining order. Then a few more false accusations leading to my arrest with $100,000 bail. She has family working here at the Los Angeles County District Attorney’s Office which I am sure helped. Of course, I refused any kind of plea bargain and bailed out within 4 hours and hired 3 attorneys. I am taking this to trial and fighting all 15 of these ridiculous charges. I will refuse even the smallest infraction if they offer it because although this woman has gotten away with perjuring herself in family court, I feel she won’t be able to do it again so easily in Criminal Court. If I was poor, I would have been completely screwed as I’m sure many people in similar circumstances are when faced with this type of dilemma. The evidence i have against her is incredible, yet after all of this time (almost a year) I have STILL not had an opportunity to present it to ANYBODY. Please, lets use my story to help others in some way who find themselves in similar circumstances.

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