I am for the second time being harassed with false domestic violance charges. I have been to court date after court date and the judges will not consider the posibility that I am innocent. My ex girlfriend has lied and lied and lied and she is continueing to lie I need national help here in alabama. Can someone please help figure out what to do to stop her.She once again has a false protection order and is trying to make me pay attorny fees and court fees and i am on my last leg before i give completely up i have no rights all of them have been violated and i need some serious help.
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Lied to get police report and protection order
- Thread Starter jperdue
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army judge
Super Moderator
Maybe you impose a self-policed ban to stay away from her. Have no contact with her in any form (in person or electronically).
If you did no wrong you have no worries.
As Uncle Obama has yet to create a national legal plan (thank God), there is no national help available to criminal defendants.
There will be a court appointed lawyer available to you.
In the interim you want to talk.
Resist that urge and speak about this ONLY to your lawyer.
You've been through this before you say, so you know the courtroom is the only place to overcome her lies!
If you did no wrong you have no worries.
As Uncle Obama has yet to create a national legal plan (thank God), there is no national help available to criminal defendants.
There will be a court appointed lawyer available to you.
In the interim you want to talk.
Resist that urge and speak about this ONLY to your lawyer.
You've been through this before you say, so you know the courtroom is the only place to overcome her lies!
fredrikklaw
Moderator
Needs a little more information!
jperdue:
You are obviously pretty fed up with the situation and are looking for some relief from it, but it would be helpful if you could give just a bit more information as to what has taken place so far; procedurally that is, not your private life.
You say she has taken out a protective order for a second time which is what is confusing me; so had it been more than three years since the last (or first) protective order when she obtained the latest one? And had she file a civil suit that was decided against you that now she is asking for attorney's fees and court costs?
Because a protective order is of three-year duration and it automatically expires on the assigned date if no request is made for its renewal, and the so-called victim (and I use the term here very loosely) cannot take out multiple restraining orders against the same person in the same three year period.
fredrikklaw
jperdue:
You are obviously pretty fed up with the situation and are looking for some relief from it, but it would be helpful if you could give just a bit more information as to what has taken place so far; procedurally that is, not your private life.
You say she has taken out a protective order for a second time which is what is confusing me; so had it been more than three years since the last (or first) protective order when she obtained the latest one? And had she file a civil suit that was decided against you that now she is asking for attorney's fees and court costs?
Because a protective order is of three-year duration and it automatically expires on the assigned date if no request is made for its renewal, and the so-called victim (and I use the term here very loosely) cannot take out multiple restraining orders against the same person in the same three year period.
fredrikklaw
The judge has added to the protection order that I cannot get an court appointed attorny for these proceedings. So i will have to represent my self and i have not had any contact with her except when she has called me she has harrassed me to the point that I need to get on depression medicine. Since the day of the protection order she has stopped the calls except to harrass my sons mother who I left her for. I cant win but i have to do something to stop this, legally of course. The judge has even granted her a police escort to come to my house and get her things, She has nothing there but she can come in and say that everything is hers if she wants to. i have not contacted her in any way but she harrasses my family. I am at a loss it seems like it is I have to get to the police before she does thing because if i dont she wins
She had the protection order removed so that she could move in with me when she lost her condo. Funny huh? Then when she had to leave because she didnt want to pay the utilities she was furious with me and started the whole process over to ruin my life. yes Stupid me but it stopped all the proceedings for all the other cases she had lied to get agsinst me so I was relieved but I was stuck paying all the court costs and fee and her attorny fees. she has had my check garnished to pay these fees and is trying to do the same thing again.
As of right now She has made a report of domestic violence on feb 2, 2010 from and incident that happened on dec 24 2009 and we have a court day this month, she just filed the papers for the protection order on april 27, 2010 and we have the court day on may 19 2010, The judge hates me and has granted her everything she has asked for because i am a big black man, in my opinion. I am also ex military and a veteran of the united states i should not have to go through this alone.
army judge
Super Moderator
Beg, borrow, DO NOT STEAL, and hire your own lawyer.
You need a lawyer.
You also must stay away form her.
If you don't she'll claim you RAPED her and then you're off to the PLANTATIONARY!
fredrikklaw
Moderator
Kick the judge off the bench!
jperdue:
The last time I checked, being a big black man was not against any laws that I know of, well, at least not here in California, and as it happens, nor is being a small white man, or a chubby brown man, or a dyslexic gay-atheist from Mars. Unfortunately though, it may be against some people's personal taste and color preference despite your service to the country, and unfortunately you seem to have drawn the short straw when it came to case allocation and have apparently landed Nathan Bedford Forest for a judge.
The racial and social prejudice notwithstanding, self representing litigants also tend to get the dirty end of the judicial stick from both the judges (some, not all) and the opposing attorneys (almost all of them) and are frequently sold short and taken advantage of by virtue of their lack of legal knowledge, especiallyof procedural law.
Any ways, there is a fairly painless and simple solution to the main problem which is the judge who is presiding over your case. I hope you do not take offense at what I am about to say because none is meant, but you simple HAVE TO stop being timid and in awe of this judge and go on the offensive and try a (hopefully just) once-in-a-lifetime, tell-your-grandchildren legal maneuver by way of which you can level the playing field somewhat and lower the odds considerably.
Have you ever told a bent judge to go take a long walk off a short pier? Well, here is your chance, and considering your situation both legally and financially, this is simply a must do in order to have a chance of reversing some of the previous rulings.
You can do this by making a Motion to Recuse Judge, which is a fancy way of saying you want another judge because this one is biased towards you and that you believe you will not receive a fair hearing. It is sometimes referred to as a Peremptory Challenge and although the preferred method of tabling this motion is in a pleading format (argued in writing on the 28 line paper), you may also use standard Judicial Council Forms which are available at all court houses or downloadable from the court's website; Just fill in the blanks and file it with the clerk. The last, but still effective method of moving to recuse a judge is by making an oral motion while in court before him; this has to be done right after he asks the parties to state appearances (name and rank, etc.) and before the matter is heard.
The absolute letter of the rule says quite clearly that no judge can continue presiding over a case once the motion to recuse him has been made and his impartiality has been seriously brought into question by the moving party. The crux of this motion however, is that it is heard by the very judge it aims to dispose of and the motion is sometimes denied, in which case you can preempt it by demanding in your motion that it be heard by an alternative judge.
In any which way, you will eventually get another judge to hear the case who at the very least, will be aware of the fact that you are there to play ball and have already kicked one referee off the field. I will of course be remiss if I did not suggest that you should consider hiring an attorney, which you have said you cannot afford which is universally understood and hence the vicious circle. But I will be happy to help with the motion and some pointers on how to approach the hearing.
fredrikklaw
jperdue:
The last time I checked, being a big black man was not against any laws that I know of, well, at least not here in California, and as it happens, nor is being a small white man, or a chubby brown man, or a dyslexic gay-atheist from Mars. Unfortunately though, it may be against some people's personal taste and color preference despite your service to the country, and unfortunately you seem to have drawn the short straw when it came to case allocation and have apparently landed Nathan Bedford Forest for a judge.
The racial and social prejudice notwithstanding, self representing litigants also tend to get the dirty end of the judicial stick from both the judges (some, not all) and the opposing attorneys (almost all of them) and are frequently sold short and taken advantage of by virtue of their lack of legal knowledge, especiallyof procedural law.
Any ways, there is a fairly painless and simple solution to the main problem which is the judge who is presiding over your case. I hope you do not take offense at what I am about to say because none is meant, but you simple HAVE TO stop being timid and in awe of this judge and go on the offensive and try a (hopefully just) once-in-a-lifetime, tell-your-grandchildren legal maneuver by way of which you can level the playing field somewhat and lower the odds considerably.
Have you ever told a bent judge to go take a long walk off a short pier? Well, here is your chance, and considering your situation both legally and financially, this is simply a must do in order to have a chance of reversing some of the previous rulings.
You can do this by making a Motion to Recuse Judge, which is a fancy way of saying you want another judge because this one is biased towards you and that you believe you will not receive a fair hearing. It is sometimes referred to as a Peremptory Challenge and although the preferred method of tabling this motion is in a pleading format (argued in writing on the 28 line paper), you may also use standard Judicial Council Forms which are available at all court houses or downloadable from the court's website; Just fill in the blanks and file it with the clerk. The last, but still effective method of moving to recuse a judge is by making an oral motion while in court before him; this has to be done right after he asks the parties to state appearances (name and rank, etc.) and before the matter is heard.
The absolute letter of the rule says quite clearly that no judge can continue presiding over a case once the motion to recuse him has been made and his impartiality has been seriously brought into question by the moving party. The crux of this motion however, is that it is heard by the very judge it aims to dispose of and the motion is sometimes denied, in which case you can preempt it by demanding in your motion that it be heard by an alternative judge.
In any which way, you will eventually get another judge to hear the case who at the very least, will be aware of the fact that you are there to play ball and have already kicked one referee off the field. I will of course be remiss if I did not suggest that you should consider hiring an attorney, which you have said you cannot afford which is universally understood and hence the vicious circle. But I will be happy to help with the motion and some pointers on how to approach the hearing.
fredrikklaw
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That would be so greatly appreciated any help with this motion and how to approch things is awesome, i am at my wits end. Is this motion to rescue a universal law because here in alabama they might tell me such a thing does not exist,and also would that be such a good idea, i am guessing that most judges know each other and have a repore and once they find out that i have accused their fellow judge wirh being impartial do u think they may make things harder for me, maybe i am paranoid but i dont even trust the police here are comng in contact with this woman,she is able to sway the thoughts and intentions of the devil himself. She has gone in to see this judge and written him letters and he is the same judge that did the last order she placed on me. Would it be a good idea for me to see him before the court date as well.
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