Restraining Order?!?

[planetmark]

Hey, I need some quick input here. This is kindof a continuation of this other thread I started:

habeas corpus help in child custody

So, I have a completed private contract established, filed on the public record, and notice sent to the ex., etc. So on June 6, 2006, I sent her a notice indicating to her that I was going to arrive on June 17 to pick up my furniture and other possesions that she stole, and take the children back home, according to the terms of our contract. If she had problems with that, I instructed her to notify me in writing a.s.a.p. I gave her fair warning, and plenty of due process. So I call tonight to speak with my children, and she informs me that there is a restraining order in place effective today, and "you'll be getting the papers".

So, I've got at least four documents on file that clearly declare that the state has no authority over my family, and I am not a subject of the state, etc. (Can't remember right off exactly what, but I've defaulted them all sorts of ways with declarations, and assertions.) Part of the final process was my declaration that any intrusion into my personal business and personal contracts was agreement by the state that they are committing Malicious Civil Trespass, and agree to $1M fine, due and payable on demand.

So, the judge handed out his candy, completely ignorant of all this. Or the police did, I'm not sure how she went about it, but she said she went to the police. The only thing she could possibly have presented as "reason" would be the letter I sent telling her I'm coming to collect on our contract. That should have at least raised someone's curiosity to look further?

So, isn't this a total intrusion into a private contract? Isn't that completely illegal? I haven't made any effort to see or intrude on her or the children since Feb 1, 2006. I just call every week or so to chat with them. Nothing on earth they can hold against me, and no possible excuse for restraining order.

Any suggestions? I'm still planning on showing up Saturday, and I haven't been served with any papers, and I work all day, and they have no idea where, so they will not likely find to serve me. To that point, I haven't even ever seen the final "divorce papers" either - they never had me sign, and never served me any notice that I can't see my children or anything. This is bogus crap.

Any suggestions? Should I go straight into the police station tomorrow and inquire? But then they will try to serve me papers. Should I call and find which judge signed, and go straight to the judge to "inform" him with all my papers of the mistake he just made? Or file suit in federal court? Or file for habeas corpus against the whole mess? I'm thinking of calling 911, and tell them she just kidnapped my children.

I want to march on this asap. Throw me some bones, encouragement, suggestions, ideas, whatever. Thanks!

[ezrhythm]

Uuuuuugly situation and may they Lord bless your endeavors and give you wisdom and peace in Jesus' name.

She had to go through court to get a restraining order. It has to be signed by a black robe. Though they seem to be giving them out like candy.
Most likely it is a temporary order until the both of you can appear for a decision whether to make the order permanent or not.

Sounds like you might need some law enforcement there when you arrive to get what your papers declare you may retrieve. If she is going to call them, you might as well call them first and see who's side they are going to be on.

As far as final divorce papers, didn't you mention in another thread that the judge dismissed the case? If that is what occurred, there won't be any divorce papers.

[Akira]

planetmark,

Do I understand you correctly?

Your ex, in just the last several days, has filed a restraining order against you?

Have you been served with papers stating such?


For HIS Glory,
Akira

[wargamez102]

...wake up.

Rough day at the office?

[planetmark]

Originally Posted by Akira

planetmark,

Do I understand you correctly?

Your ex, in just the last several days, has filed a restraining order against you?

Have you been served with papers stating such?


For HIS Glory,
Akira

Yes, she filed yesterday for restraining order. All sorts of blather about the "domestic violence" is because I sent her a letter telling her I am coming to collect on our contract. Violence?? Stupid judges!

It also says they are issuing the temporary order immediately without notice to me because "An emergency exists". But I have to appear in 2 weeks or it will be permanent. How would I know to appear, except she mentioned she got the order??

This is a blatant trespass into a private contract on the part of the state. I am taking all relevant paperwork down to the federal court to open a docket to file all this in. The state stepped in it this time. I just have to figure out how to get past this point and hold them accountable. This "handing out like candy" crap is no exaggeration. The stuff she wrote is so STUPID and childish that a grade school student would laugh it off. But the "pro tem judge" just signed away.

The divorce was never "officially dismissed". I filed a full notice of void judgment default process, and the judge took the copy of the final notice of default that I mailed her, and just up and filed it in open court on her own one day. Four lawyers involved that supposedly have a judgment against me in this, and not one of them have attempted to collect in over four months now, so I'd say it's dismissed, as they all KNOW it is bogus and VOID. Period. Unenforceable.

I guess the ex's "response" to my notice is this restraining order? Is that legal? Can she bring in the state as a trespasser on this matter to stop me from collecting my children and my posessions according to a contract me and her have in private?

[Akira]

planetmark,

The temp restraining order is SOP (standard operating procedure), till they get you in court (to try) to make it perm... you already know how to shut this down, just make sure it'sa court of record, or bring your own stenographer.


Several months ago, thru PM, I shared a rough outline about a process I was developing, which you immediately implemented. Since then, there has been little discussion about the details, or sharing of docs.

I do know you have filed many, if not all of the docs necessary... in order to secure your kids.

However, my flowchart includes petitioning the court for a declaratory judgement, or serving the court your own orders, before you attempt to gain custody.

I think you might be wise to use this opportunity to do so.

Having a court order / judgement, would go far to calm the situation, and guarantee the cooperation of the cops, who probably should be there anyway, the first time.

IMHO, these situations aren't an issue of custody, but are an issue of AUTHORITY. The kids are gifts from All Mighty God. The state is ONLY an arbitrary and capricious 3rd party, with a legal opinion !!

Your current paperwork, will establish your authority, and destroy the state's standing, in the matter. This is the ultimate goal ! You've already won.

Beyond this, it's all details that need to be sorted out, as you wouldn't want to traumatize the kids with too sudden a change, or by keeping them from their Mother.

I think it's always in your best interest, to show some flexability regarding access / visitation.


For HIS Glory,
Akira

[planetmark]

Akira,

Tell me more about "serving the court my own orders". Do I start a new case, and put it on their calendar, and see what they do? That's "filing" not "serving" I guess.

We have a lightweight parallel going on - my new wife has filed against my ex for breach of contract regarding deprivation of visitation where we (she) had expended a lot of time and money to arrange a trip with the children, then the ex canceled 2 days before. Default process done with "notice and demand" for payment of $800. No response. Final default filed. Same parallel situation, only I have a lot more at risk. The police told her they needed an order from the "court" before they could go grab property for recompense. So she is going right now to file a new case, and get the "courts" blessing. Is that what I need to do to get my children and furniture and appliances and car back?

The habeas corpus keeps coming up in my mind. That would formally challenge her ownership/authority. My docs brought into that process would formally prove my rights and my authority, right? And then a writ of replevin to get the "stuff" back?

Anyway, my only thoughts on how to shut this RO down is to file a petition to dismiss into that RO docket, challenging SMJ, personum jurisdicition, and then also throw down my contracts with an accusation that they are trespassing on my case, and they now owe me $1M if they proceed with the RO. The ex committed fraud by not telling them anything about the contracts, just that I was "bribing the kids with promises of cool stuff" and then said I was going to come get them in violation of the divorce orders (which are void, but she didn't mention that). If the divorce orders were valid, why on earth would she need yet another RO??? The "divorce" came with a whopper all by itself. Do I address these issues in response? That doesn't seem like arguing, but rather pointing out their flaws in process, and illegal deprivation of due process, and illegal deprivation of my rights to be a parent. That and the lack of jurisdiction... but there isn't time to default anyone on anything. Two weeks before the hearing, starting yesterday.

Help me with the little details please.

[planetmark]

Ok, I slammed this out just now, and would like to get comments from the experts here. I'm thinking of dropping by the court tomorrow, figuring out which judge will be hearing the matter, and running this past him first. Then I'll file it in the case, and put together an affidavit, and all my other docs to attack jurisdiction.

What say ye?

[planetmark]

I could sure use some feedback here.

I went up just now to the court, saw an "ex parte commissioner" (whatever that means), and told him they were trespassing on a private agreement. I got the Bartleby treatment... "Take it up at the hearing". No matter what I said, "take it up at the hearing". He even said "We don't recognize private contracts"!? I called him insulent, rude, and useless, then slammed the door on my way out. Then I went and filed my Notice Of Malicious Trespass (the attachment above has been changed to the current version), and attached my entire default process, and my "Bill of Divorcement", etc.

They were shutting the door when I got there, so I think he was in a hurry to leave for lunch. Justice will wait until after lunch. No wonder so many judges are getting shot.

[scooterdog]

IN one of the books I sent you, It tells you what to do in these situations. She's already gaining ground.