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Challenge Constitutionality of Protective Order Statutes

Organized by: Will MacPheat

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THE STORY:

I am a pro se litigant trying to challenge Montana's protective order statutes in the US Supreme Court. The protective order against me was obtained by my former psychologist. She lied, disclosed from confidential counseling sessions, and did not make any allegations of physical harm or threats (as there weren't any), yet she got the temporary order which restrained me from being within 1500 feet of her or her office, which almost completely bars me from the downtown area of the town I live in. At the hearing on the permanent protective order her attorney and myself (I was not represented) agreed to a no contact order. Everything in the court room was "no contact order." Yet the judge issued a protectice order until 2090. I appealed to the local district court, which denied the appeal without actually ruling on any of the issues I raised. I then appealed to the Montana Supreme Court which did the same, in an unpublished opinion. Thus I am left with only the US Supreme Court. My primary argument is that temporary protective order statute violates due process because it takes liberty without a hearing and that the permanent statute violates due process because there is no jury trial (the Montana Constitution requires a jury trial in all matters). What most people do not realize is that the protective order goes onto your NCIC and there is a legal determination that you were violent or at least threatened violence, neither of which were even alleged here. I need $3000 by about June 15 to have all of the filings prepared - I'm writing it myself, but need to comply with the formatting requirements. I then have until June 27 to file. Should certiorari be granted I will need additional amounts from the primary brief and Reply brief. I refer you to Montana Supreme Court cause I am a pro se litigant trying to challenge Montana's protective order statutes in the US Supreme Court. The protective order against me was obtained by my former psychologist. She lied, disclosed from confidential counseling sessions, and did not make any allegations of physical harm or threats (as there weren't any), yet she got the temporary order which restrained me from being within 1500 feet of her or her office, which almost completely bars me from the downtown area of the town I live in. At the hearing on the permanent protective order her attorney and myself (I was not represented) agreed to a no contact order. Everything in the court room was "no contact order." Yet the judge issued a protective order until 2090. I appealed to the local district court, which denied the appeal without actually ruling on any of the issues I raised. I then appealed to the Montana Supreme Court which did the same, in an unpublished opinion. Thus I am left with only the US Supreme Court. My primary argument is that temporary protective order statute violates due process because it takes liberty without a hearing and that the permanent statute violates due process because there is no jury trial (the Montana Constitution requires a jury trial in all matters). What most people do not realize is that the protective order goes onto your NCIC and there is a legal determination that you were violent or at least threatened violence, neither of which were even alleged here. I need $3000 by about June 15 to have all of the filings prepared - I'm writing it myself, but need to comply with the formatting requirements. I then have until June 27 to file. Should certiorari be granted I will need additional amounts from the primary brief and Reply brief. I refer you to Montana Supreme Court Cause no. DA 15-0622.

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