I live in the state of Vermont, in Washington County.
This is a problem both in family, and in criminal court. I am posting it in criminal court because it seems like the more egregious accusation is criminal in nature.
Background:
My name is John, I am the father of a beautiful four year old girl named Alexandria. Her mother has a history of mental health issues. She spent the first year of Alexandria's life in bed the majority of the time claiming "postpartum depression." I supported her through this. She told me she had bipolar (and acted as if she did). I supported her through this. I did everything that I could to be a caring father, and handle the multitude of lies, outbursts, and neglect the the mother of my child showed on a daily basis. I did not give up. I stuck with her through all of this.
It came to close two years ago when Alexandria's mother (I will just call her R from now on) took Alexandria from our home, and denied contact for over two months. This was probably the hardest two months of my life, as there is a law in Vermont that I was unaware of... A law that states that simply being on the birth certificate is not enough. That I have to actually establish parentage because R and I were not married.
I went through the long process of establishing parentage, and was eventually granted a court hearing to determine the custody of our daughter. We had a guardian ad litem, as well as DCF (Social Services) involved in the case.
The final order in this case was court granting me FULL LEGAL and FULL PHYSICAL custody of Alexandria, with court ordered VISITATIONS with R from Monday-Thursday evening. This left me with Alexandria about 60% of the time.
Ever since that court ruling two years ago R and her friends have made my life hell. They make some false allegation against me every three weeks or so by calling the police, social services, or just about any authority figure they can get to listen to them. These false allegations have never amounted to anything until 9/15/15.
Tuesday before law enforcement:
On Tuesday the 15th, at about 6:45am, I showed up at R's house to pick Alexandria up for school. It was her first day, and was a previously established pick up date/time/location.
I brought along a friend of mine, to be a witness in case R tried anything. I believed this to be necessary after the many prior false allegations made against me.
I knock on the door, R shouts through "just a minute!"
I wait 30 minutes, before R finally comes out with Alexandria.
R hands me Alex. I walk quickly to the car, because it is now 7:25, and I have to somehow get Alex to school 15 minutes away within 10 minutes.
R yells to Alexandria and says "What about my hugs and kisses!" Alexandria, being a four year old, yells for her mother. I say "Sorry, no time, we're already late." and put Alexandria in the car.
R runs after us, and at this point in screaming. This is just getting Alexandria more agitated, so she continues yelling for her mother. I quickly buckle Alexandria up, and we leave.
I bring Alexandria to school.
I pick Alexandria up from school.
I go about my day normally, the exception being that it is a Tuesday and I have Alexandria. R and I had previously established that she would pick Alex up from me that day when she got out of work.
Tuesday Law Enforcment:
At about 5:30pm Tuesday the 15th, the Vermont State police show up at my door.
They serve me with a "Temporary Order: Relief from Abuse."
The temporary order states that the court (without holding a hearing, speaking to witnesses, or speaking to myself) has found that I have abused R and that there was immediate danger of further harm. There is an ex parte order attached dictating that I not be in contact with R unless it is about our daughter.
Further in the court documentation, it shows R's initial claims/requests and police affidavit.
In both the police affidavit, and the paperwork she filed at the courthouseR she claims that while picking up Alexandria earlier that morning, at one point "turned around and grabbed her throat."
I find this odd, but figure I will deal with it later. So I sign the Temporary Order.
The officer then says to me: "Now turn around and place your hands behind your back, there is a warrant out for your arrest." Despite being baffled, I comply completely.
I spent the night Tuesday in a holding cell at the local PD, before being arraigned the following day. (During this there were quite a few strange police behaviors that I will likely discuss later as need be. Things like lying to my family about the court house I'd end up at, not feeding me, withholding any phone privileges etc.)
At the arraignment I am assigned a public defender (for the arraignment only, not for continued representation afterwards).
During the arraignment the state prosecutor attempts to hold me on $5,000 bail, as well as a 24 hour curfew, and several other ridiculous conditions. My public defender bargains, and is able to get it down to 5PM to 8AM curfew, and an unsecured appearance bond. During this whole arraignment, I am not allowed to speak at all.
I am then released from custody at the courthouse (a sister courthouse from the one my trial will actually be held in due to some training that day) without my phone, without money, and without any way home.
The question:
First off let me state that any legal advice in this matter would be much appreciated.
My specific question however, is how is it even possible that on somebody's word alone that there is reasonable cause for arrest and detainment? I have no priors. I have no history of violence, while R has a proven and regular history of mental health issues and reporting false allegations against me. Why is it that I am now facing felony assault charges and family court proceedings because of trumped up false allegations? Why is it that neither my witness, nor myself were contacted at all prior to my arrest? How can this be legal?
This is a problem both in family, and in criminal court. I am posting it in criminal court because it seems like the more egregious accusation is criminal in nature.
Background:
My name is John, I am the father of a beautiful four year old girl named Alexandria. Her mother has a history of mental health issues. She spent the first year of Alexandria's life in bed the majority of the time claiming "postpartum depression." I supported her through this. She told me she had bipolar (and acted as if she did). I supported her through this. I did everything that I could to be a caring father, and handle the multitude of lies, outbursts, and neglect the the mother of my child showed on a daily basis. I did not give up. I stuck with her through all of this.
It came to close two years ago when Alexandria's mother (I will just call her R from now on) took Alexandria from our home, and denied contact for over two months. This was probably the hardest two months of my life, as there is a law in Vermont that I was unaware of... A law that states that simply being on the birth certificate is not enough. That I have to actually establish parentage because R and I were not married.
I went through the long process of establishing parentage, and was eventually granted a court hearing to determine the custody of our daughter. We had a guardian ad litem, as well as DCF (Social Services) involved in the case.
The final order in this case was court granting me FULL LEGAL and FULL PHYSICAL custody of Alexandria, with court ordered VISITATIONS with R from Monday-Thursday evening. This left me with Alexandria about 60% of the time.
Ever since that court ruling two years ago R and her friends have made my life hell. They make some false allegation against me every three weeks or so by calling the police, social services, or just about any authority figure they can get to listen to them. These false allegations have never amounted to anything until 9/15/15.
Tuesday before law enforcement:
On Tuesday the 15th, at about 6:45am, I showed up at R's house to pick Alexandria up for school. It was her first day, and was a previously established pick up date/time/location.
I brought along a friend of mine, to be a witness in case R tried anything. I believed this to be necessary after the many prior false allegations made against me.
I knock on the door, R shouts through "just a minute!"
I wait 30 minutes, before R finally comes out with Alexandria.
R hands me Alex. I walk quickly to the car, because it is now 7:25, and I have to somehow get Alex to school 15 minutes away within 10 minutes.
R yells to Alexandria and says "What about my hugs and kisses!" Alexandria, being a four year old, yells for her mother. I say "Sorry, no time, we're already late." and put Alexandria in the car.
R runs after us, and at this point in screaming. This is just getting Alexandria more agitated, so she continues yelling for her mother. I quickly buckle Alexandria up, and we leave.
I bring Alexandria to school.
I pick Alexandria up from school.
I go about my day normally, the exception being that it is a Tuesday and I have Alexandria. R and I had previously established that she would pick Alex up from me that day when she got out of work.
Tuesday Law Enforcment:
At about 5:30pm Tuesday the 15th, the Vermont State police show up at my door.
They serve me with a "Temporary Order: Relief from Abuse."
The temporary order states that the court (without holding a hearing, speaking to witnesses, or speaking to myself) has found that I have abused R and that there was immediate danger of further harm. There is an ex parte order attached dictating that I not be in contact with R unless it is about our daughter.
Further in the court documentation, it shows R's initial claims/requests and police affidavit.
In both the police affidavit, and the paperwork she filed at the courthouseR she claims that while picking up Alexandria earlier that morning, at one point "turned around and grabbed her throat."
I find this odd, but figure I will deal with it later. So I sign the Temporary Order.
The officer then says to me: "Now turn around and place your hands behind your back, there is a warrant out for your arrest." Despite being baffled, I comply completely.
I spent the night Tuesday in a holding cell at the local PD, before being arraigned the following day. (During this there were quite a few strange police behaviors that I will likely discuss later as need be. Things like lying to my family about the court house I'd end up at, not feeding me, withholding any phone privileges etc.)
At the arraignment I am assigned a public defender (for the arraignment only, not for continued representation afterwards).
During the arraignment the state prosecutor attempts to hold me on $5,000 bail, as well as a 24 hour curfew, and several other ridiculous conditions. My public defender bargains, and is able to get it down to 5PM to 8AM curfew, and an unsecured appearance bond. During this whole arraignment, I am not allowed to speak at all.
I am then released from custody at the courthouse (a sister courthouse from the one my trial will actually be held in due to some training that day) without my phone, without money, and without any way home.
The question:
First off let me state that any legal advice in this matter would be much appreciated.
My specific question however, is how is it even possible that on somebody's word alone that there is reasonable cause for arrest and detainment? I have no priors. I have no history of violence, while R has a proven and regular history of mental health issues and reporting false allegations against me. Why is it that I am now facing felony assault charges and family court proceedings because of trumped up false allegations? Why is it that neither my witness, nor myself were contacted at all prior to my arrest? How can this be legal?
