What in the HELL is going on!

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raemom
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Joined: Sun Sep 25, 2005 11:45 am

What in the HELL is going on!

Postby raemom » Wed Dec 21, 2005 5:20 pm

I had court yesterday. I felt great about it. I truelly thought this was the end. It is not the end, nor is it probally even in the middle somewhere. It feels never-ending.

As you know, after I sued B.D. for 7,000.00 or c.s. arrears, he instantly made charges my new husband was a molester because my daughter told him my new husband bit her toes and poked her in the head. I witnessed thet toes...we were playing for God's sake.

It is a freakin unbelievable idea that anyone can go into a magistrate court and make claims that Mommy cannot protect her child and suddenly you have a policeman at your door telling you to pack your young childs clothes, give me your daughter, and by the way you their is a restraining order against you for your own child! I AM THE ONE WHO HAS RAISED HER ALL OF HER LIFE WITH NO HELP FROM HER SO CALLED DAD! I built a business around her and she never had daycare or babysitters. I made excuses for him when he disappeared for weeks at a time and I AM THE ONE WHO PUT A ROOF ON HER HEAD, FOOD IN HER BELLY, CLOTHES AND THE BEST LOVE A MOTHER COULD EVER GIVE HER CHILD!!!!!!!! God, does it not matter to the freakin courts that he is a repeat violent felon? He shot a man, his new girlfriend is a stripper, and he reported that he is unemployed and only has 50 bucks in his pocket. I wasnt the one even charged with anything and I had my new husband out of the house when this happend, just like CPS requested for an investigation. BUT IT GETS EVEN BETTER.

CPS cleared my husband and recommended she be returned home. NO, that was not good enough. Then this asshole of a judge appoints a guardian ad litem who also reported yesterday in court that she recommends my daughter be returned to me, that b.d. was being revengeful.

This was our 4th hearing. I was to go on first. I HAVE NOT BEEN ABLE TO TESTIFY NOT EVEN ONCE. The b.d. has been up there TWICE already. The case is against me, not my husband. The judge wanted to hear from my new husband first. So, while testifying it came up that my husband has entered her room with a flashlight at night. He had the light outside with the dog. I said "honey will you check on her and see if she is asleep" so he took the flashlight and shined it in on her. Another time was when she had a nightmare. I didnt get up, he did but I knew about it.

Now, my husband makes over 200,000 a year. He has this (to me and other people) a weird thing about electric. God forbid if I leave the light on in the bathroom. He is just so weired about it. Every time you flip the wrong switch and turn a light on and right back off, he will say 7 cents!!! It is just one of those things that people have that make no sense to you, but it does to them. Just like when I constantly have a soda in my hand all day long. That drives him crazy about me.........so what, we love each other so much. You just accept weird things about people. Dont you? It is just something he was raised with and it has stuck with him.

So this judge tells him that it is CREEPY. NOW he is ordering us to go to court appointed therapy. Me, my daughter, my husband together. For a period of 60 days. ONCE AGAIN, I WAS NOT EVEN ALLOWED TO TESTIFY AFTER 4 COURT HEARINGS. I could clear so much up about the b.d. IF JUST GIVEN THE FREAKIN' CHANCE!!!

I was devasted of course. I really thought this was over. OVER! In the meantime, my lawyer and his lawyer and the b.d and I agreed to keeping our daughter every other week until the therapy is over. We all agreed. It wasnt the best scenerio, but it was so much damn better than picking my daughter up after school and finding somewhere warm to go for 5 1/2 hours every day.

BUT the G.D. Judge said he was keeping the original order in place, with no explanation. HE WOULDNT EVEN LOOK AT ME WHILE I WAS CRYING AND IN SO MUCH PAIN.

I dont understand what is going on with this judge. You guys, I am not leaving anything out here. One thing I have thought is my husband is a very well known man in our city. He is a great friend, a great person, but he can be a very harsh (for lack of better word) business man. He has many, many friends. Including the Govenor of our state, who invites us to parties from time to time. My husband has never met this judge before in his life, but he is friends with 6 magistrates (if only b.d. would have gone in front of them that night!) BUT maybe the judge has a personal reason for not liking him? My husband does have many people who do not like him as well (business wise). We just dont know. Oh yeah, he also didnt like the idea of my husband not having contact with his oldest child.

SOMEONE PLEASE ADVISE! Should we have our own indepenant therapist as well? Have any of my rights been violeted since I have not been able to testify? Any idea why the judge would not allow the every-other week as agreed upon? Please, if you can help in any way, please write back.

SilverFox
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Joined: Sat Sep 24, 2005 10:07 am

Postby SilverFox » Wed Dec 21, 2005 7:54 pm

Where are you located?
In the USA you can file a Petition for Writ of Mandamus with the appeals court or higher court that has jurisdiction over the judge and court you are dealing with.
In the meantime, jump through their hoops and don't let them see you cry.

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Dazeemay
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Postby Dazeemay » Wed Dec 21, 2005 8:39 pm

Our lawyer had a great para legal. She told us that all of the witnesses for cps side and caseworkers etc would go up first whether it takes 4 or 10 hearings. We were not to get upset by not getting our side heard. She was right. The one great thing you have going for you and if you haven't done it you need to get your dec of facts notarized and filed at the courthouse.

For everything they said we came back in the dec of facts and stated our side. There is not enough time in a court hearing to get everything out in the open and that is an important part of your hearing and also if you want to file suit later are of your facts are there.

Now you need to get control of yourself. They base a lot about you on your demeanor. It's not fair, but that is what happens.

Our lawyer told our daughter she could not show any anger, tears, shout, etc. She had to be completely in control of her emotions. He stressed this time and again. They are going to make you mad, but you have to control yourself. This is for your daughter's sake and you must keep that upper most in your mind.

Your husband needs to do a dec of facts also. He needs to state why he does not have contact with his daughter.

Who knows why the judge changed his mind.

I would get your own therapist who is not involved with cps or has been involved with them. Sometimes a court will take their opinion, but you will have the satisfaction of a true test and you can use the results of this if you sue.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

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Frustrated
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Postby Frustrated » Wed Dec 21, 2005 8:51 pm

Yes, go to a Private Counselling, never go to a CPS Counselling, never! because CPS can hear everything in these sessions and will write down everything as Proof, evidence to go against you and your Husband. Go to a Private Counselling that is not CPS Sponsored.

I don't know why, but I am getting the feeling that CPS and B.D. has something to do with it. They pulled all the strings to make things worse for you and your husband. Such Promises that CPS said that daughter is being returned to you is a big Lie, and B.D. is paying you back with revenge.

I know this very very well, because my Ex husband ALWAYS calls the Police and CPS for Five Years just to harrass me. He is still doing it, even planning one ahead of Christmas Holidays. He does that every year.

What you can do is to write an Appeal just like Silver Fox mentioned, and you should consider filing a Harrassement Formal Charge against your B.D. and bring him to Court for your suffering and pain, and anguish that he caused you, and he should pay the fine. I am even considering filing a Harrassement Charge against him later on and I am waiting to compile more Evidences and go against him.

If I were you, I would go to a Court House and file a Restraining Order against your B.D. to specify that he is NOT to harrass, annoy or molest you at ALL!! Directly or Indirectly. If he used CPS to harrass you, you can file this as Evidence if he were to go after you again and breaking the Restraining Order. I have Restraining Order against my Ex Husband, and he broke it, and I went to the Chief of Police and he called my Ex husband not to do it again, he stopped. It works.

It is pure hell and pure harrassement that you are going through. Just get through them all, and finally it will come to an end at some point. It cannot go on forever because the Judge will see your B.D.s true colors. B.D. don't want that on that conscience on
Court Record. I remember my Ex Husband was yelling and screaming jumping up and down threatening the Judge to throw my hubby in Jail and the Police had to drag him out of the Court house. They knew my Ex husband was a danger to the Court, so they watched him carefully after the fact putting a boundary restraint like an invisible line on the floor that he is not to cross over at ALL>. :wink: That was embarrassing enough for the Public to see what an idiot this man was. That is how "out of hand" and dangerous man he is. He would have been handcuffed, and go to Jail if he was going further than that.

Anyways, just keep your posture, and your strength, you need it. I will keep you in my Prayers that your Daughter and husband will be returned to a normal Family, the way it was before. Same for my Family as well. So far, we held together better now, and stronger as ever. It is the Faith, Strength and Prayers that kept us together, no matter what evil has in store out there for us. :wink:

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grandmatotwingles
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Location: Michigan

Postby grandmatotwingles » Wed Dec 21, 2005 8:51 pm

raemom, I don't know what to say I just want to give you a big (((((((((HUG)))))))) and let you know you and your family are in my prayers.

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unfairjustice05
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Postby unfairjustice05 » Sat Dec 24, 2005 12:04 am

raemom,

join the club i had court on the 14of this month and felt good about it too thinking this was the end as well,well of course not,the judge and the gal and dcs are still being bias and unfair.So into the new year i will still be fighting for whats right and showing these people they can not say they have "evidence" against me and not provide it.

just keep up the fight someone has to give up.its been almost 2 years for me and they are alreasy wearing thin tired of going to court but not me,i am fighting for a good reason and a good cause,i won't let my kids down even thou mine are all almost teens 17,16,14 they can't keep them much longer.Just keep your head up and remember your chil/ren depend on you to fight.
Honeybee

raemom
Posts: 47
Joined: Sun Sep 25, 2005 11:45 am

Postby raemom » Fri Dec 30, 2005 10:08 am

Thank you all so much. I have been so depressed, it took me a week to get here and read your messages. I am sorry for that. I am feeling strong again.

One thing I need to clear up is that CPS is not the one who demanded a psych eval for my husband or the therapy for me, my husband and my child. CPS cleared us 2 months ago. The judge ordered a gaurdian ad litem, and she also cleared us (however there was some false statements by b.d. that were printed in her report and that was emabarrasing. Even after that, the judge says that my husband could be "thwarting" to do something. B.D. said it had been going on for months and months, however we moved in only 2/12 weeks before this. SO that was shot down. Judge thinks it is "suspicious" that he took a flashlight in her room to check to see if she was asleep IT WAS AT MY REQUEST. Of course since I did not get to testify again, it is not cleared up.

The judge is the one who slapped the psych evaluation on my husband and the therapy for the three of us. It is so hard to swallow my pride because it is truelly the b.d. who needs it.

My God, how does this happen?

Anyway, at the last hearing, I did break-down and cried after judge made his orders. I was shocked and heartbroken and it was weeks worth of tears coming out. I am worried now that this has hurt me. How can I fix it? Have I gave him yet anothe reason? The B.D. spoke up without his lawyer many times and never got a slap on the wrist.

I am going to do the D.O.F. My lawyer says I cannot do that, well bullshit I have to! How can all these decisions be made regarding my daughter when I am the only parent who has ever cared for her? Where are my rights! I also have many character affidavists for my husband. Some are family, friends, and others are higher and morally influencial people in our city. My husband is actually friends with 6 magistrates but we are afraid this might back-fire.

My lawyer sucks. He is my husbands best friend and he is doing this for free, but I am sellling my business to find the best lawyer in WV.

I live Charleston, WV. (please dont think we are hicks or hillbillys out here. We are both professionals and very well off and we are intelligent. Besides, doesnt every state have hicks somewhere? lol.

Our Judge is ***** and he has the worst reputation as being a hard-ass. He seems so dis-connected to humanity. I hope I am wrong about him.

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Dazeemay
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Postby Dazeemay » Fri Dec 30, 2005 1:46 pm

I am going to do the D.O.F. My lawyer says I cannot do that, well bullshit I have to! How can all these decisions be made regarding my daughter when I am the only parent who has ever cared for her?


This is what our lawyer kept telling our daughter. Don't listen to them. We put it off for months because our lawyer kept insisting that we could not do it and yet everything we read said to do it. So we went ahead (without his blessing) and did it.

The clerk told us we could not do it only if we were to testify. Which my husband did later in our adjudication hearing. We forgot to notarize the first one. The lawyer for their side got upset over it. The judge was not upset and said that he had not read it but he would if he had to later. The lawyer was all over the place tearing it apart and we could tell it did not upset the judge. Afterall they do and did many things contrary to the law. The lawyer quoted a statute saying we couldn't do this I think he made up a statute about it. That will be on our hearing tapes that we obtained so we will have the record to see what statute he quoted.

So stick by your guns and go for it.

I believe the lawyers don't want you to do this because they are afraid their clients know too much and it will show them up in court. Our daughters new lawyer is excellent. He believes in quoting the law to the courts and our other lawyer we had to fight to get our other granddaughter from the relatives was one for stating the law also.

The new lawyer is thinking about going into this side of the law because the parents are not given due process. :shock: Our daughters case and two others he has had has shown him what is going on in regards to cps.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

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mrsmac
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Location: Canada

Postby mrsmac » Fri Dec 30, 2005 4:36 pm

Sounds like there is vindictiveness on the judges part, perhaps because you are welloff, prominent people in the area.

The judge may also be trying to make a point that he/she doesnt just come down on poor folk, unfortunately using you as an example.

Just seems interesting to me that the judge is the only party interested in further pursing this. That raises a red flag right there in my estimation.
Bear one another's burdens, and so fulfil the law of Christ. Galations 6:2

raemom
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Joined: Sun Sep 25, 2005 11:45 am

Postby raemom » Fri Dec 30, 2005 8:12 pm

I cannot think of anything else but vindictiviness. We have been cleared so many times now I am scared this court-appointed therapist is his last chance to nail my husband since the other did not. We asked our lawyer if we could get an independant therapist and he said that we could not. I was surprised, very much.

Does anyone know a lawyer who might take our case. Willing to pay of course. My husbands friend acts like he is afraid of the Judge. Really. My husband is torn because they are best friends. It doesnt matter to me anymore, I just want her home. If I were given the awful decision to pick my husband or my child, I would pick my child. No one has or ever will give me that option. My husband and I have talked this over many times. I love them both, but she is just a child. Her B.D. has an extremly violent history. He lacks adequate parenting skills. I want her to grow into a beautiful women. A beautiful person.

Does anyone else know if my rights have been vilolated due to the fact I have been unable to testify in my own court case? I have been charged with absolutely nothing. It is only my name on the case, not even my husbands.

Any help or advise is greatly appreciated. I almost gave into depression but now I back to fight all the way. You guys have given me so much strength and hope . THANK YOU ALL

RAEMOM

raemom
Posts: 47
Joined: Sun Sep 25, 2005 11:45 am

Postby raemom » Fri Dec 30, 2005 8:14 pm

I cannot think of anything else but vindictiviness. We have been cleared so many times now I am scared this court-appointed therapist is his last chance to nail my husband since the other did not. We asked our lawyer if we could get an independant therapist and he said that we could not. I was surprised, very much.

Does anyone know a lawyer who might take our case. Willing to pay of course. My husbands friend acts like he is afraid of the Judge. Really. My husband is torn because they are best friends. It doesnt matter to me anymore, I just want her home. If I were given the awful decision to pick my husband or my child, I would pick my child. No one has or ever will give me that option. My husband and I have talked this over many times. I love them both, but she is just a child. Her B.D. has an extremly violent history. He lacks adequate parenting skills. I want her to grow into a beautiful women. A beautiful person.

Does anyone else know if my rights have been vilolated due to the fact I have been unable to testify in my own court case? I have been charged with absolutely nothing. It is only my name on the case, not even my husbands.

I dont know if I have mentioned before, but my husband does donate to certain politians. I dont know if this has anything to do with it being political, but maybe it has indirectly.

Any help or advise is greatly appreciated. I almost gave into depression but now I back to fight all the way. You guys have given me so much strength and hope . THANK YOU ALL

RAEMOM

MNNaNa
Posts: 80
Joined: Mon Oct 31, 2005 9:28 am

Postby MNNaNa » Fri Dec 30, 2005 8:35 pm

Raemom:

I read your post and part of the replies.

I just wanted to let you know I KNOW HOW you feel.

I am a professional also, 18 years. AND the real crap of it all is I have worked side by side with these "PEOPLE" who claim to PROTECT our children.

I am a Gramma to the children I am trying to get out of the nasty hands of government.

All I can say with your case as with mine I am pretty confident it IS POLITICAL.

There is no reason on Gods green earth I should not have my grandkids and EVERYONE I work with agrees that something stinky is going on.

I ME MYSELF PROTECT the general public, laying my life on the line daily and nightly and NOW the court says I CANNOT protect my grandbabies who I love and the only reason they are where they are is because I ME MYSELF made the complaint . I feel so stupid and used by the system.

I guess what I am saying is dont feel alone here. You have a friend in me.

BUT YES WHAT IN THE HECK IS GOING ON????????

Are your kids beautiful and drug free??? My grandbabies were and are.

I think that has a lot to do with it.
Broken hearted Grandma needs help

raemom
Posts: 47
Joined: Sun Sep 25, 2005 11:45 am

What in the hell is going on!**UPDATE

Postby raemom » Sat Jan 28, 2006 8:10 pm

My husband went for his 6 hour forensic testing. Before we left, the dr told us that he literally passed "with flying colors". Within a few days we were mailed the final report. Every paragraph was great. He spoke highly of my husband. The best part was when he said "child could be returned home with no supervision needed".

My lawyer submitted it to the judge. Lawyer called a few days ago and said he had seen the judge for another matter and mentioned the report to him. The judge said he did read it and to tell his client (my husband) that he "just missed the graveyard"!

Isnt this just more proof that the judge is biased and DOES believe that my husband is a "creep"? He actually said this at our last hearing. Of course B.D. laughed later and said he loves it.

He also had hubby take an unannouced drug test that day because he admitted that he smoked pot in his early 20's. We were honest in everything. Hubby passed all test and it was done on the same day.

Does anyone else think I have probably reason to file a complaint against this judge when this is over?

Please read my post about B.D. allegedly kicking my daughter. Thanks to all!

Lisa

nooknerd
Posts: 23
Joined: Fri Jan 20, 2006 11:10 pm

One thing to keep in mind

Postby nooknerd » Sun Jan 29, 2006 4:43 am

One thing I've learned with the case in my family, is DO NOT be alone with your child's father at ANY time. If you have to meet with him, make sure there at least one or two highly regarded witnesses with you, not including your husband. They'd consider him biased.

From now on, my nephew has been advised in the future (after her supervised visits are done and possibly get unsupervised) to meet the baby's 'mother' at the local police station to drop off the baby, or have a neutral party from both sides of the families do it, again at the police station.

She had accused him of choking her when she showed up at his home at nine pm, stoned and drunk, demanding the baby go with her for her visit. It had been mutually scheduled for 11 am that morning, but she never showed. She'd rather party than see her child. When she called the police, even they didn't believe her or my nephew would have been instantly thrown in jail that night. HA!

However, the conniving junkie went to court next day to get a restraining order against HIM, then applied for temporary emerg. custody of the baby. The judge didn't read her whole case history and just handed over the baby AND his house which he owns because she said she had no place to live. Now wouldn't that be a giant red flag for ANYONE, let alone a family court judge to see? No place to live, yet here's the custodial parent owning his own home?! Grrrr.....

I, too, wish there were a way to report a judge without ramifications to my family. But nephews lawyer told me to not say anything because it would be bad for the baby in the end. Politics. Ptooey!

So, just a suggestion, folks. Don't be alone with someone who's vindictive and desperate. Guard against this kind of thing. My nephew never saw it coming either.


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