If you have four friends that are mentally stable, then you are likely to be ill, as psychiatrists say that 1 in 5 people is mentally ill. 8P

Saturday, January 21, 2012

Abuse of Process...Does the court just ALLOW this nonsense?

Quite simply put, I believe that the Fabulous Commonwealth of VA has, yet another humorous case that will leave you astonished at our "justice system".  In order for you to understand, I feel I must give you some background on some of the specifics.  I have a "No Contact" protective order against my former husband and we share a child.  Visitation of my son must be coordinated through a third party, so the court appointed HIS mother.  We have JOINT LEGAL CUSTODY where the judge ordered that I have my son on the 1st, 2nd, and 4th weekends but urged us to share his time as much as possible for his benefit.  My last full weekend with my son was September 2-5.  From then on, they refused my visitation every week, instead insisting upon "supervised" visits at a McDonald's restaurant at their convenience.  The police said that they are unable to enforce the order because the Judge did not write specific times for pick up and drop off, therefore, I filed motions to return to court and just accepted (despite the immense heartache) that there was no more I could do.  After 3 months of torture, and being denied time on the holidays, and much research with lawyers, police officers, etc., I decided that I would wait until Christmas Eve, which fell on a Saturday, and have the police intervene at that time to enforce the order, once my son was already WITH me.  A good friend of mine was helping my mother with some painting and redecorating and, having been familiar with this family for several years, he offered to assist me in keeping the amount of drama that my son was subjected to at a minimum.  Once they arrived at my mother's home, I ran to the car and hurried my son inside.  My friend stepped out from beside the house and asked my former mother in law to leave the property, as she had no legal right to be there.  This sixty something year old woman then proceeds to violently beat on my mother's storm door, causing significant damage, and all the while yelling my son's name and saying things like, "Your mother is trying to steal you!" and "They can't keep you here!  Just run to granny!" in between arguing with my friend.  She screamed, cursed, broke my mom's storm door, and hit the gentleman several times in the face in her rage.  We had, of course, called the police immediately upon her arrival, but it took some time for them to arrive.  My friend stood in front of the door on the porch the entire time, not raising his voice to her with his hands in his pockets.  The police arrived and took the report, but said that in order for charges to be filed, my mother and my friend would have to go to the Magistrate to take out criminal charges for destruction of property and assault.  They also informed her that she had no right to change the court order for visitation and let her know that she could be incarcerated for doing so.  I did keep my son that night, and, as I promised the police officer, I returned him the following day, Christmas Day, at noon when they arrived to pick him up.  I was elated to have had the one night with him after so long without any real quality time with him, but, I was also so devastated when it came to an end.  The last thing that he said to me was "Bye, mama! I love you! See you on the 27th!" Because he had been told that he would be back that day for another visit.  Needless to say, I have not seen him since.  What I HAVE seen is that this insane woman waited until January 3 to file for a protective order against my friend, giving the court my mom's address as his (which is falsifying a court document since he does not live with me).  He did file assault charges against her and there was an outstanding warrant listed for her when we appeared in court Jan 12 for this ridiculous protective order.  The judge did not seem to understand why she thought she NEEDED a protective order at all, and actually, found the situation quite comical.  The entire courtroom was laughing because of his obvious sarcasm to her.  My friend was never even asked to speak and the case was dismissed.  He took a printout to the Sheriff in the lobby showing her outstanding warrant and the second that she saw him, she started screaming, "I'm filing another one!! I'm filing another one!!".  He did not speak to her, instead, he showed the sheriff the document regarding her outstanding warrant and the sheriff, then, detained her for booking.  Oddly enough, at 2:00 that SAME afternoon, even AFTER having been arrested for assault and the order DROPPED, she filed ANOTHER order, this time, changing her HUSBAND's name as being included, to her SON's (my Ex) and leaving MY son on this order, as she had originally done.  Somehow, DESPITE the fact that a police report clearly notes that SHE assaulted HIM and he did NOTHING to her, and the fact that the FIRST order had been dropped that morning in COURT, AND, the fact that she was THEN ARRESTED for ASSAULT, she was issued, ANOTHER preliminary protective order!!  I know that when I went to the courts attempting to get a protective order against my VERY abusive ex who threatened me and my children on multiple occasions, AND had assaulted me multiple times, it was like PULLING TEETH to get them to issue the order, ESPECIALLY with a child on it.  Yet, this lady who is NOT the child's mother, has NO custody whatsoever of the child, does not live with the child, and who is accused of Assault is able to get TWO back to back???  With my son on them??  Granted, they ARE only preliminary, and I am quite sure that once it goes back to court that same judge (who ALSO explained to her that she had no right to ignore the visitation order) will laugh it back out of the courtroom again....But, the POINT is...there are women out there who actually NEED an order of protection, who have shown up beaten and bruised and begging for help and were denied ANY type of protective order AT ALL, and here is this woman, whose obvious intention is just to use that as one more way to try to use the court system to keep my son away from his mother and even with assault charges AGAINST her, documented in a POLICE REPORT, being granted orders left and right for NO apparent reason whatsoever, and putting false address information on the subpoena, just so that she can take it to court when we go in February over her breaking the visitation order constantly and try to convince ANOTHER judge that she had "good reason" to keep him from me another month! Ridiculous enough???   Talk about your abuse of process....you'd think they'd get tired of her wasting the court's time with her nonsense.  Who knows, we have more court dates ahead, including the one on Jan 25 for this newest "protective order".  Hopefully, where the clerks are falling short, the Judge will catch on and prosecute her for her actions, not allowing her to continue to abuse the court system to play the wicked games she wants to play to try to stay in control of her son, and mine.  We shall see....
Thankfully, because of my joint custody order, I have been able to communicate with my 8yr old son through school, which I strongly dislike, but feel there is not a choice. I will update this case as it unfolds!!  Feel free to comment and laugh with me at this nonsense!

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