need help

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trina513
Posts: 72
Joined: Thu Aug 06, 2015 3:22 am

need help

Postby trina513 » Tue Aug 11, 2015 7:59 pm

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Last edited by trina513 on Thu Sep 03, 2015 7:59 pm, edited 1 time in total.

*Lady Liberty
Posts: 169
Joined: Fri Jul 10, 2015 4:53 pm

Re: need help

Postby *Lady Liberty » Tue Aug 11, 2015 9:16 pm

Technically if the other kids are not listed in the agreement then they have no authority over them. I would make sure with your attorney that there has not been an order anywhere naming them. If there has not been, then I would talk with your lawyer on the best way to take them back into your custody.

Chances are CPS will just quickly run to court and get an order though, or come back and make you sign an amended agreement.

You can always file a motion for the kids to be returned. There are several motions to do this.

trina513
Posts: 72
Joined: Thu Aug 06, 2015 3:22 am

Re: need help

Postby trina513 » Wed Aug 12, 2015 5:33 am

can you please tell me what motions can do this

*Lady Liberty
Posts: 169
Joined: Fri Jul 10, 2015 4:53 pm

Re: need help

Postby *Lady Liberty » Wed Aug 12, 2015 1:05 pm

Hey Trina,

I will get back to you later and go over some in detail. For now, type in the search on this page in the upper right corner, Motion and see what comes up. Marina a member who used to be very active has a lot of good posts in the legal area that might help.

Also, look in the legal section of the forum. A lot of the links are expired but may help point you in the right area to research. Its more leg work, but it will be worth it. You will be a strong legal player at the end of all of this!!

Talk to you soon.

*Lady Liberty
Posts: 169
Joined: Fri Jul 10, 2015 4:53 pm

Re: need help

Postby *Lady Liberty » Thu Aug 13, 2015 1:17 pm

http://parentsinaction.net/english/Lega ... Rights.htm

All I know about your case is that your daughter pulled a knife, you called the cops, and the kids are in placement, and at some point you signed an agreement....and you have a private attorney.

You will have to give a little more info on what kind of an agreement it was, and if it has been court ordered yet.

All of your efforts it sound like at this point is to challenge the agreement. There are ways to challenge the agreement if it was signed under duress, but it will be difficult to overturn anything that was done in court.

trina513
Posts: 72
Joined: Thu Aug 06, 2015 3:22 am

Re: need help

Postby trina513 » Fri Aug 14, 2015 6:50 pm

yes sir
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*Lady Liberty
Posts: 169
Joined: Fri Jul 10, 2015 4:53 pm

Re: need help

Postby *Lady Liberty » Sat Aug 15, 2015 5:14 pm

You can try to Motion to Vacate the Order/Agreement for the fact that you were not properly informed, you were misled, and you were intimidated, lack of proper counsel, had these things existed it would have drastically changed the outcome, as you would not have signed. Furthermore if the judge heard (and if it is on audio it should be assumed he/she did) your attorney lie, then they committed conspiracy to deprive you of your rights, as well as their oath of office to uphold due process.

I would also report the previous attorney to the bar for those grounds. Get a copy of the audio for your records but also to send to the bar.

You can file a Motion to Show Cause for them to keep the other kids if they are not listed on the Order/Agreement. As well as to vacate everything that has happened since.

It should be brought up that the fosterer is emotionally abusing your daughter.

trina513
Posts: 72
Joined: Thu Aug 06, 2015 3:22 am

Re: need help

Postby trina513 » Sun Aug 16, 2015 12:09 pm

what
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trina513
Posts: 72
Joined: Thu Aug 06, 2015 3:22 am

Re: need help

Postby trina513 » Mon Aug 17, 2015 4:12 pm

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LindaJM
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Re: need help

Postby LindaJM » Mon Aug 17, 2015 9:59 pm

Good move. I would like to know how the judge will handle this motion.

Did you file a state bar complaint about the attorney who misled you?
Sample Document Library

Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

trina513
Posts: 72
Joined: Thu Aug 06, 2015 3:22 am

Re: need help

Postby trina513 » Tue Aug 18, 2015 6:03 am

I
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*Lady Liberty
Posts: 169
Joined: Fri Jul 10, 2015 4:53 pm

Re: need help

Postby *Lady Liberty » Tue Aug 18, 2015 10:53 am

Good job! Remember, try and use the Motions to get everything you need to say on record. Often times they won't hear you or call any witnesses. Assume that you will be appealing to a higher court, so always gear your defense to the higher court. You can research the appeals in your state so that you know what grounds they are looking for and which way they sway.

Always number your motions (pages on the bottom 1 of X) so they don't "lose" any pages. Also, it helps to assign a number to your motion, both for reference and for organization.

Remember when you file your Motions, you must serve the other parties and provide the court with a record of service (don't give them a reason to overlook on technical grounds).

trina513
Posts: 72
Joined: Thu Aug 06, 2015 3:22 am

Re: need help

Postby trina513 » Fri Aug 21, 2015 3:24 pm

I wanna ask what should I say or how do I address the court not

*Lady Liberty
Posts: 169
Joined: Fri Jul 10, 2015 4:53 pm

Re: need help

Postby *Lady Liberty » Fri Aug 21, 2015 4:06 pm

Hey Trina,

Sorry, I didn't mean to keep you hanging. I have my hearing as well next week and am working on my defense too.

So, you still have an attorney, right?

1. Talk to him. See what he thinks about it. Chances are he won't think its a good idea.
2. Judges don't make decisions based on emotional pleas. They will talk about going golfing with the prosecutor in front of you while you ball your eyes out. They don't typically care, and it has no legal basis for them to consider.
3. I know that it is nerve wrecking to stand before a judge who has all the power to make this go away. As a mom, you want to do everything in your ability to have your children returned.
4. I once showed up to court with a huge plastic bin, filled with the kids pictures and videos, and tutus, and girl scout sachets, and uniforms. I swore I was going to dump it in the middle of court. "Just so they could see; if only they could see! They've got to see, I am a good mom, and I love my kids, and they are making a mistake." I never dumped and I never had an opportunity to share it.
5. Essentially, it will only be for you. If it helps you feel comforted, I would not be a person to say don't do it. Only you can decide.
6. However, I think there are more effective ways.
7. Will your attorney put you on the stand?
8. Have you written your Declaration of Facts?
9. Remember the court does not rule on emotion, they rule on facts and motions that are before them. So these are powerful tools.
10. I know that burning desire to yell, STOP!! Just STOP! This cannot be happening. To grab their attention and reason your way out of this. I really do. I would never want to discourage you from something that empowers you. And, I am not very traditional in how I have dealt with them, so I am not one to say for someone else what the should or shouldn't do.
11. I do encourage you though to cover all your bases. If you did ask to speak, that you have your Declaration as well. Following format and procedure will be what essentially moves things in your favor.
12. I do encourage you this weekend to review all of the governing laws, and codes, and handbook. And start a list of questions for each of the witnesses. You know your case better than your attorney, so you know trigger points and details that might catch them up that he doesn't know. You guys are partners in this.
13. I do encourage you that if you do decide to make a plea, that you very very carefully think about what you will say and what you want them to perceive. I know you are a loving mom who is emotional about the situation. That is not necessarily what they will see. You might say that you are a victim, they might say that you are in another reality and are blaming others.

Let us know what you decide, and if you do go that direction, I think it would be great if you wanted to share it here. (((((((((((((HUGS))))))))))))))

Keep your head up. There is a lot of stress, and worry due to the coming hearing. A lot of people chose to alleviate that stress in a negative way that will come back to bite them. Stay focused. Try and stay positive.

trina513
Posts: 72
Joined: Thu Aug 06, 2015 3:22 am

Re: need help

Postby trina513 » Fri Aug 21, 2015 5:13 pm

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Last edited by trina513 on Sat Sep 05, 2015 7:28 pm, edited 1 time in total.

*Lady Liberty
Posts: 169
Joined: Fri Jul 10, 2015 4:53 pm

Re: need help

Postby *Lady Liberty » Fri Aug 21, 2015 6:15 pm

I am assuming that because you are able to file you don't have an attorney anymore? Most courts will not let you file if you have counsel.

trina513
Posts: 72
Joined: Thu Aug 06, 2015 3:22 am

Re: need help

Postby trina513 » Fri Aug 21, 2015 6:25 pm

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Last edited by trina513 on Sat Sep 05, 2015 7:32 pm, edited 1 time in total.

trina513
Posts: 72
Joined: Thu Aug 06, 2015 3:22 am

Re: need help

Postby trina513 » Fri Aug 21, 2015 6:28 pm

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Last edited by trina513 on Sat Sep 05, 2015 7:32 pm, edited 1 time in total.

trina513
Posts: 72
Joined: Thu Aug 06, 2015 3:22 am

Re: need help

Postby trina513 » Fri Aug 21, 2015 6:39 pm

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Last edited by trina513 on Sat Sep 05, 2015 7:32 pm, edited 1 time in total.

*Lady Liberty
Posts: 169
Joined: Fri Jul 10, 2015 4:53 pm

Re: need help

Postby *Lady Liberty » Fri Aug 21, 2015 7:10 pm

Ok.. Now it makes sense.

Good for you for filing and getting your transcripts. Be sure to get the audio, not just the scripts because they often times do not transcribe correctly. You have to go back over everything with a fine comb.

The probability for CPS returning kids back to the custody of parents within the first year is 50-60%. I don't know if it differs when someone has a agreement. I think with a good attorney and you staying on your game, then you have a good a shot as any. I've just learned to hope for the best but expect the worse with CPS.

However, if you have an open criminal case, they will not return the children to you until it is closed. I hope you are able to get a dismissal!

I was just reading a case similar to yours. A woman was being beaten by her husband, she calls the police. They come take the child/ren and arrest the wife for trying to interfere. They tazed her also.

That website I posted before, "Know your rights" has case law regarding other children witnessing domestic violence. Some of it may be applicable to your situation.

trina513
Posts: 72
Joined: Thu Aug 06, 2015 3:22 am

Re: need help

Postby trina513 » Fri Aug 21, 2015 8:24 pm

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*Lady Liberty
Posts: 169
Joined: Fri Jul 10, 2015 4:53 pm

Re: need help

Postby *Lady Liberty » Fri Aug 21, 2015 9:34 pm

I forgot you already had the audio. Go through the transcriptions they will often times alter or eliminate things that were said that are crucial. You want to show that they manipulating the facts, and correct the record.

If you requested a hearing and they instead coerced you into an agreement then you have grounds for suit for civil rights violations and deprivation of due process. That link I posted before also has case law on when is consent, not consent- such as coercion.

Unfortunately it is an uphill battle once the kids are in. The judge could do a multitude of things, including overturning the judgement but allowing CPS time to get it together and refile. Usually when the kids have been out of the home for any period, they are re-programming them, and trying to get them to turn on you. They are also fishing, still building.

trina513
Posts: 72
Joined: Thu Aug 06, 2015 3:22 am

Re: need help

Postby trina513 » Sat Aug 22, 2015 8:54 pm

My
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*Lady Liberty
Posts: 169
Joined: Fri Jul 10, 2015 4:53 pm

Re: need help

Postby *Lady Liberty » Sun Aug 23, 2015 12:47 am

I'm still not sure Trina what your agreement is or what it says?

trina513
Posts: 72
Joined: Thu Aug 06, 2015 3:22 am

Re: need help

Postby trina513 » Sun Aug 23, 2015 6:21 am

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