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Unfair Court's decision.

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hungpt

Junior Member
What is the name of your state?
California


The following was written to be true to the best of my knowledge. I have questions followed at the end.


Four years ago, during an argument, my wife had made wrong accusation and with the Police Officers taking side with her, I was sentenced for Domestic Violence( Battery is more precise).

For the family life and our children, I did not protest. As a result, I have thrown away completely my professional career as a Mechanical Engineer and have been working as an Ice Cream Man since late 2001 until present.

Abusing my negative legal record, my wife has once more time playing jokes with the laws and Court.

On 08/23/2005, While I pretended not knowing of her affair(we were on a temporary family separation), she brought her boy friend to my residence making threat to me, in front of my house and our common two children. I still had no reaction until 08/26/2005, I twice insisted (telephone )my wife to face me in discussing about the common sons, 7 and 4 years of ages who we innitially and peacefully agree to stay with mom, as she has spending time for another man.

Not only her time for the kids has been stolen, she has also devoted her own important life carrer such as cutting classes and dropping class. For the man who has shown an unhealthy principle of life: using his past experience as a Socical Worker, he made excuses to receive the public assistance while working for unreported cash.

In addition, for the fact that the couple making threat to me on 08/23/2005, i have reasons to believe that both my wife and her boy friend are uncontrolling people, not safe for my sons to be near.

In responding to my request, my wife ignored my further telephone and email messages but filed a petition for a temporary restraining order at California Superior Court, Family Court Division, Sacramento County with all untruth statements. The statements were prepared, one contradicts the others because of the untrue facts. Accusations which could cost me years of felony charges. For examples(just a few of numerous ones and being exactly rewritten how they were written in broken English by my wife and her boy friend, as I believe from the hand writing):

*he walked into my APT during. I let him come to visit the children, he demand $40 dollars to buy_"crack cocaine" as usual(in the other's hand writing);

*He abused me when I was almost 9 month pregnant, after that day I was bleeding and I had to go to the hospital and I gave birth to my second son 2 weeks early(in my wife;s hand writing, better English).

(The date of the incident was altered from 08/23/2005 to 08/22/2005 with intents. The man work for cash in a restaurant and had his day off on Tuesday weekly and my wife excused to be sick for her class session on Tuesday, 08/23/2005. NO word indicated of the real man in the entire application as if he were air, dear Judge Ullman).

Understanding that the time limit would not allow the Judge to carefully review my wife's statements, I have made several efforts to provide the evidences of the wrongful accusations to Judge Ullman, who has reviewed, supervised, and conducted the case.

Besides several written documents which include my response to the court's order, application for Ex partes to request my wife showing causes, and the premilinary hearing, nothing has worked out for me. Judge Ullman reamined the order through the future trial dated 12/0/8/2005.

The Judge's decision is clearly unfair for me since I have not done or shown any sign of being threatening and dangerous as my wife has accused me.

HASN'T MY PAST NEGATIVE RECORD INFLUENCED THE JUDGE'S CONSIDERATION??? THE FACT THAT I HAD EVER, AND NEVER BEATEN MY WIFE. Who would believe it??? Not once...

I understand that I was upset in front of the Judge on the hearing. However, I was not out of control. I talked when allowed. I appologied for my mistake as I looked at my wife while talking to the Court. I quietly left the court room as the Judge concluded the matter(with disappoiments of the court's decision), not even hughed my 4 years old son jumping up and down when we ran accross each other out side of the court room. Although I broke in tears, both in anger and sadness.

Yes. I was upset. I have even extremely angry and disappointed for what my wife has done to me and how I have been treated by the Court. But I have always been in control and in line with laws.

To have a general image of how I have been suffered, please consider af few professional achievments of mine. I graduated from UC Berkeley and in "only" three annual salary reviews which I had ever had in my entire professional career, I was awarded the following salary increment figures, listed in order: 25%, 10%, and 17%. There times, consecutively. All regular annual reviews, not any promotional accompanying.

And all of that left me to be an Ice Cream Man, facing now the second serious legal involvment. Both times in my entire life to have the only two legal troubles with the same woman, in eight years of living together and 2 common sons, 7 and 4 years of ages. With similar issues: I am an evil. Are there any questions of the coincident occurences???

For all of that, I am trying my best to seek for your sympathy and help, with all you can. I do not have the financial resource to afford a privte Attorney, my biggest disadvantagment.

Of course, there is a question of a doubt, where the true is due to the opposit statements of both sides.

Pleasde consider the followings.

-I HAVE EVIDENCES AND CAN PROVE ALL MY POINTS.

-And I have no fear to make the information avaiable and spreaded out.

Please help what and all you can. Relating the case to apropriate agencies and responsible parties. Please spare me a room in broadcasting and publishing the case for public;s opinions and involvement at choices.

I have no material belongings to repay your considerations but my deepest thanks fro reading and giving hands.

Once again, my deepest thanks to you all.


FOR THE FACT THAT I AM UNABLE TO AFFORD A PRIVATE ATTORNEY, PLEASE GIVE ADVICES ON THE FOLLOWING QUESTIONS:



1-I HAVE NOT SEEN MY CHILDREN SINCE 08/23/2005. I there any thking I can do to see the kids sooner, before the trial date set on 12/08/2005?

2-In addition to the above examples, my wife has further made up several serious accusations which could lead me facing several felony charges. For what she has done and what I heave suffered, my endurance limit has been broken. While the civil case on pending, can I innitiate a criminal case against her(perhaps her boy friends too) for the untrue accusations? How?
 


CdwJava

Senior Member
hungpt said:
Four years ago, during an argument, my wife had made wrong accusation and with the Police Officers taking side with her, I was sentenced for Domestic Violence( Battery is more precise).
I doubt they took her side so much as they followed the law. The officers would have likely been required to make an arrest if she had visible injuries or if you were seen to be the primary aggressor. As for the conviction, apparently you were found guilty or you pled guilty.

Given the remainder o fthis post I can only assume that you and your wife remained married and that no Criminal Protective Order was in place ... as generally required by CA state law.


In addition, for the fact that the couple making threat to me on 08/23/2005, i have reasons to believe that both my wife and her boy friend are uncontrolling people, not safe for my sons to be near.
I take it you never reported the threats to the police? How about the alleged fraud? And you'll need more than a feeling to get CPS or anyone else to take action against your wife.


The statements were prepared, one contradicts the others because of the untrue facts. Accusations which could cost me years of felony charges. For examples(just a few of numerous ones and being exactly rewritten how they were written in broken English by my wife and her boy friend, as I believe from the hand writing)
The affidavit does not have to be prim and pristeen ... that's why they have a hearing later on. And apparently you are not being charged with a criminal offense. if you were, you'd know because you'd be either under arrest or would have spoken to some deputies about the charges.

And almost EVERYONE in these matters accuses the other party of being involved in drugs, fraud, or child abuse. the courts literally hear it in almost every DV which involves a custody case that comes before them in a contested hearing.


(The date of the incident was altered from 08/23/2005 to 08/22/2005 with intents. The man work for cash in a restaurant and had his day off on Tuesday weekly and my wife excused to be sick for her class session on Tuesday, 08/23/2005. NO word indicated of the real man in the entire application as if he were air, dear Judge Ullman).
None of which are criminal issues. And if the date is in error, that is an error not criminal. Many people get the dates wrong. If you somehow think his working for cash and her skipping class are relevant, bring it up at the hearing.


Understanding that the time limit would not allow the Judge to carefully review my wife's statements, I have made several efforts to provide the evidences of the wrongful accusations to Judge Ullman, who has reviewed, supervised, and conducted the case.
You'll have that opportunity at the scheduled hearing.


Besides several written documents which include my response to the court's order, application for Ex partes to request my wife showing causes, and the premilinary hearing, nothing has worked out for me. Judge Ullman reamined the order through the future trial dated 12/0/8/2005.
As I would expect.


The Judge's decision is clearly unfair for me since I have not done or shown any sign of being threatening and dangerous as my wife has accused me.
Except for your prior conviction.


HASN'T MY PAST NEGATIVE RECORD INFLUENCED THE JUDGE'S CONSIDERATION??? THE FACT THAT I HAD EVER, AND NEVER BEATEN MY WIFE. Who would believe it??? Not once...
Except for your prior conviction.


I understand that I was upset in front of the Judge on the hearing.
Oops! BAAAD idea!


To have a general image of how I have been suffered, please consider af few professional achievments of mine. I graduated from UC Berkeley and in "only" three annual salary reviews ....
Salary increases have nothing to do with character or even a propensity toward violence. It is an irrelevent issue.

I once arrested a millionaire for beating his wife, and have hooked up fine members of the community for child molestation. Your previous income is entirely irrelevent to the issue.


I do not have the financial resource to afford a privte Attorney, my biggest disadvantagment.
You need to figure out a way to beg or borrow it! If you don't, you can expect the order to remain in effect.


Pleasde consider the followings.

-I HAVE EVIDENCES AND CAN PROVE ALL MY POINTS.
It is not US you have to convince ... it is the judge. And nobody here is going to broadcast your case far and wide ... it is one of hundreds like it in your county alone. No news agency will find it worthwhile.

You need an attorney.


2-In addition to the above examples, my wife has further made up several serious accusations which could lead me facing several felony charges. For what she has done and what I heave suffered, my endurance limit has been broken. While the civil case on pending, can I innitiate a criminal case against her(perhaps her boy friends too) for the untrue accusations? How?
If they are simply accused in the affidavit for a restraining and/or custody order, the chances of that translating to criminal charges are slim. if she hasn't gone to the police yet, chances are she won't. This COULD play against her in court.

And what kind of criminal case would you start against her? And how would you PROVE it? Perjury is nearly impossible to prove as it requires a high level of intent ... and a little mind reading on the part of the police and the DA.

Good luck ... and hire an attorney.

- carl
 

reyn562

Member
Thank you for your time in picking through this long monolog and answering those tough questions, officer
 

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