Court Discuss the tactics used by the court system, and how to develop your counter-tactics for success in the courtroom, dealing with citations, criminal and civil matters.


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  #1  
Old 05-18-2005, 01:02 PM
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scottinalaska scottinalaska is offline
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restraining order by surprise

A friend of mine, Mike, received a 20 day restraining order from his wife after he left to do a construction job 3 weeks ago about 8 hours away. He does this a couple times a year. Her reasons on the court papers were domestic violence. She cites 4 occurences in the past three years. Yelling, putting his fist through the door, yelling again, and drunkeness. None of these have happened in the past year+ though.
The wife has been spending more and more time with a grant funded "Advoctate for Victims of Violence" who has had a few husbands and boyfriends and learned how to "raise" 3 kids, all different dads, by filing paperwork.
Ah, a tutor sent by our governement!
Now, Mike is a Christian guy for the past year(!), his wife not. He isn't sure how or what to say in court next Monday. He wants reconciliation, she wants more restraining orders and NO visitation for his two preschool kids because she "fears for her and the kids' safety" (she has learned the lingo, true or not), and eventually divorce.
Oh, she has now moved in with a divorced guy (her "safe house" ) that she apparently has been carrying on with for a few months - if that has any bearing. Mike has not drank for more than a year and is faithful.
An attorney Mike talked to told him he didn't really stand a chance since judges usually go with the woman and all of her pleadings...and it's 3K to start. I told Mike to sit tight while I check with some friends.
Woman judge, she doesn't like men.
I am tempted to tell Mike to ask the wife if she has EVIDENCE of the complaining party!
But this is kind of different. It is the wife(Petitioner) verses the husband(Respondent)
New territory for me friends, so any direction? It's the first hearing but I have never been to one of these before. Maybe some of you have. Sorry for the longwindedness.
Scottinalaska
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Old 05-18-2005, 04:30 PM
Mr. Incredible
 
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They still have no jurisdiction, if he doesn't give consent.

Have you ever heard about that book by Marc Stevens, Adventures in Legal Land?

Bob
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  #3  
Old 05-18-2005, 08:33 PM
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scottinalaska scottinalaska is offline
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Mr. I

I have studied Marc's book well. I wish it was the State of Alaska vs. Mike, but it is his wife vs Mike.
She seems to be giving jurisdiction to the marriage right now. Weird. Just hoping for a different light shed.
Thanks for mentioning it though, Incredible.
scott
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Old 05-18-2005, 11:19 PM
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Akira Akira is offline
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scottinalaska,

Quote:
Originally Posted by Mr. Incredible
They still have no jurisdiction, if he doesn't give consent.

Mr. Incredible is right on the money.... Your friend needs to gain control of this one before the state turns it upside down...

Basicly, just take the same approach I did in my 'OAS Win' thread (here).

Send out the docs....

Modify the opening dialog with the information contained in this thread....

and you should be in great shape !

No injury = no case ! and the kids stay with Dad !

Take away the state funded incentives, and see what happens !

90% of domestic violence/peace bond/protection from abuse cases lack any evidence of an injury or a competent 3rd party witness !! No Subject Matter Jurisdiction !


Hope this helps,
Akira
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Last edited by Akira : 05-18-2005 at 11:34 PM.
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  #5  
Old 05-19-2005, 09:03 AM
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scottinalaska scottinalaska is offline
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Thanks Akira,
It looks like Mike has everything to lose if he does nothing or pays big bucks to someone to "say" he'll try!
I'll be there for support next to him, but I imagine the magistrate will not appreciate seeing my mug in her courtroom again!
scott
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