Suboena Medical Records, Witness Testimony...

What is the name of your state? NY

1- i just received divorce papers where my wife claims i had beaten her severely and all sorts of stuff whereupon she went to the neighbors to call a cab to leave...

i've contacted the neighbor, very decent people, and i showed them the summons... upon reading it they were aghast, and said that she showed no signs whatsoever of any sort of beating, or anything...

i'm going to need these people as witnesses, or at least a statement to present to a court...

also, i think that during the past months when we were together my wife may have received medical treatment for a STD... is it possible to get her medical records released to the court...

as well as building sing in lists to verify locations where she claims she was, and record of the taxi pickup listings?

thx in advance for all info...

mr. naive

[Bali Hai]

Originally Posted by Mr. Naive

What is the name of your state? NY

1- i just received divorce papers where my wife claims i had beaten her severely and all sorts of stuff whereupon she went to the neighbors to call a cab to leave...

i've contacted the neighbor, very decent people, and i showed them the summons... upon reading it they were aghast, and said that she showed no signs whatsoever of any sort of beating, or anything...

i'm going to need these people as witnesses, or at least a statement to present to a court...

also, i think that during the past months when we were together my wife may have received medical treatment for a STD... is it possible to get her medical records released to the court...

as well as building sing in lists to verify locations where she claims she was, and record of the taxi pickup listings?

thx in advance for all info...

mr. naive

Unfortunately the court doesn't care to hear what you have to say or any evidences you have to present. Her word out-weighs any of that.

[LdiJ]

Originally Posted by Bali Hai

Unfortunately the court doesn't care to hear what you have to say or any evidences you have to present. Her word out-weighs any of that.

He has credible witnesses that she showed no sign of being beaten. Therefore he should be able to dispute that.

However, the fact that he thinks that she may have been treated for an STD is not enough to get a judge to agree to a subpeona of her medical records.

yes... i am primarily concerned about the witness that she claims was the first person to see her, immediately after what she says happened... that seems to be my only solid proof that she is lying, and making a false statement on this form.

i'm still in shock after reading this... along with a few other embellishments of events that she claims took place... after reading the statements on this form, if i were a judge and this guy was bought before my bench, i'd put him under the jail.

i'm scared stifff after seeing this... this is a nightmare, and i suspect that she is being influenced by someone to come up with stuff like this.

regardless of my suspicions, this witness is my only solid hope at this time to disputing these claims.

i am also trying to get information from the taxi company and a statement from the driver that responded to the call... i can only hope that he/she remembers the call, if indeed this information is made available to me.

as for the STD claim, i may be my own best source of proof that his indeed did occur, i suspect i may be infected, but currently have no health insurance, and less than $50 dollars left to my name... credit cards included.

finally, is that a criminal act, to make false allegations such as this on this form?

thx for your prompt reply

mr. naive

[Bali Hai]

Originally Posted by Mr. Naive

yes... i am primarily concerned about the witness that she claims was the first person to see her, immediately after what she says happened... that seems to be my only solid proof that she is lying, and making a false statement on this form.

i'm still in shock after reading this... along with a few other embellishments of events that she claims took place...

Yeah, these women can really play it up can't they?

after reading the statements on this form, if i were a judge and this guy was bought before my bench, i'd put him under the jail.

That still could happen, you are not out of the woods yet.

i'm scared stifff after seeing this... this is a nightmare, and i suspect that she is being influenced by someone to come up with stuff like this.

I strongly suspect she didn't need any help with this.

regardless of my suspicions, this witness is my only solid hope at this time to disputing these claims.

i am also trying to get information from the taxi company and a statement from the driver that responded to the call... i can only hope that he/she remembers the call, if indeed this information is made available to me.

Well, if she doesn't get you this time, there is always next time.

as for the STD claim, i may be my own best source of proof that his indeed did occur, i suspect i may be infected, but currently have no health insurance, and less than $50 dollars left to my name... credit cards included.

finally, is that a criminal act, to make false allegations such as this on this form?

thx for your prompt reply

mr. naive

She will only turn that around and say you gave her the infection.

Yeah, these women can really play it up can't they?

i dunno about 'these women'... all i know is that this particular one sure did a great job... actually, it appears that the embellishments are more lawyer speak than anything my wife would, or could say... she doesn't speak in this manner, she's a native of, and citizen of Japan, and colloqueal english is not her forte.

regardless, the main points are indeed probably hers... and that is what i must make sure about which the truth is presented, and by an unbiased witness who saw her immediately after she claims all this happened...

strongly suspect she didn't need any help with this.

i don't understand this one, you mean she created this all by herself... i don't think so, but then again, i'm finding out things now that i never thought she was capable of.

Well, if she doesn't get you this time, there is always next time.

there'll be no next time. if you think that i would remain in a marriage under these circumstances, you are way out there in left field. besides, an order of summons for action of divorce would sort of clearly indicate that she has no further interest in this marriage either.

i don't understand your last two statements at all. actually, now that i look at them again, it seems to be that you are painting a judgement already as to the actual events that occured. forgive me if i am wrong in assuming this, but why would you assume i would categorize all women in your first statement. if i am correct, you are making a perfect example of the reasons why i'm gonna need good legal representation, and a lot of luck to make sure that the true facts are brought forth.

mr. naive

[Bali Hai]

Originally Posted by Mr. Naive

i dunno about 'these women'... all i know is that this particular one sure did a great job... actually, it appears that the embellishments are more lawyer speak than anything my wife would, or could say... she doesn't speak in this manner, she's a native of, and citizen of Japan, and colloqueal english is not her forte.

regardless, the main points are indeed probably hers... and that is what i must make sure about which the truth is presented, and by an unbiased witness who saw her immediately after she claims all this happened...


i don't understand this one, you mean she created this all by herself... i don't think so, but then again, i'm finding out things now that i never thought she was capable of.


there'll be no next time. if you think that i would remain in a marriage under these circumstances, you are way out there in left field. besides, an order of summons for action of divorce would sort of clearly indicate that she has no further interest in this marriage either.

i don't understand your last two statements at all. actually, now that i look at them again, it seems to be that you are painting a judgement already as to the actual events that occured. forgive me if i am wrong in assuming this, but why would you assume i would categorize all women in your first statement. if i am correct, you are making a perfect example of the reasons why i'm gonna need good legal representation, and a lot of luck to make sure that the true facts are brought forth.
mr. naive

That is EXACTLY what I mean.

what is your state? NY

well then, your rush to judgement is wrong, but so typical in today's world.

i am not someone who strikes people without just and provocable cause, which must include impending danger to myself or family. especially not my wife, who could not possibly defend herself, and whom, if i did, would be damaged beyond repair, and would definitely show signs of being 'severely beaten' as the statement in one of the points of the lawyers statements specifies.

i can only thank god that you wont be adjudicating my case.

you might consider the possibility that all men aren't brutes... some of us might have mothers and grandmothers who raised them, and that all women aren't victims, regardless of the headlines and statistics.

either way, your response has been helpful in making me aware of the sort of reaction i should expect... thank god she ran over to a neighbor's house who is a respected member of the community here. i'm beginning to think that my life may lie in her hands, and in what she may have to testify to.

after reading your reply, and some of the other recent threads here, i'm sure that i cannot handle this myself. i'm beggining to believe that the truth may not be enough, it must also be accompanied by someone who is adept at the procedures of the system, which i would like to return this topic to.

legal opinion and information, as opposed to heresay and rushed judgements.

mr. naive

[Bali Hai]

Originally Posted by Mr. Naive

well then, your rush to judgement is wrong, but so typical in today's world.

i am not someone who strikes people without just and provocable cause, which must include impending danger to myself or family. especially not my wife, who could not possibly defend herself, and whom, if i did, would be damaged beyond repair, and would definitely show signs of being 'severely beaten' as the statement in one of the points of the lawyers statements specifies.

i can only thank god that you wont be adjudicating my case.

When this is over, you'll wish to God that it was me.

you might consider the possibility that all men aren't brutes... some of us might have mothers and grandmothers who raised them, and that all women aren't victims, regardless of the headlines and statistics.

either way, your response has been helpful in making me aware of the sort of reaction i should expect... thank god she ran over to a neighbor's house who is a respected member of the community here. i'm beginning to think that my life may lie in her hands, and in what she may have to testify to.

mr. naive

Good luck to you.

When this is over, you'll wish to God that it was me.

i don't think so, i really don't.

you seem to have already reached your verdict, before any testimony or facts have been presented.. surely that can't be the way a judge is supposed to work.

anyways, again, lets get back to legal help and advice based on the law, im finding this departue from the initial topic, and the direction that it's taking, a lil disconcerting, to say the least, and i'm already in a bad state as it is.
if you please, thank you.

mr. naive

[Bali Hai]

Originally Posted by Mr. Naive

i don't think so, i really don't.

you seem to have already reached your verdict, before any testimony or facts have been presented.. surely that can't be the way a judge is supposed to work.

The way you think things are "supposed to work" and the way they really work, could very well surprise the heck out of you. You have alot to learn junior.

anyways, again, lets get back to legal help and advice based on the law, im finding this departue from the initial topic, and the direction that it's taking, a lil disconcerting, to say the least, and i'm already in a bad state as it is.
if you please, thank you.

mr. naive

Get yourself a lawyer and prepare for the worst.

The way you think things are "supposed to work" and the way they really work, could very well surprise the heck out of you.

i'm sure it could, and despite my 'dire' financial situation, i'm looking for one...

You have alot to learn junior.

i'm 54 years old, probably been married longer than you've been breathing, and probably have seen much more of life than you could possibly imagine.

not being adept at the procedure of the legal profession hardly makes me your junior, although i wouldn't mind getting a few of those years back if it were possible.

if i were to use your analogy or methodology for determining someones relative 'age' or qualifications, your calling me junior on this legal forum, would be analguos to me calling you noob on a computer programming forum.

you know the way the law works, i know programming large scale distrubted computer systems. that and 15 cents used to get both of the same seat on a NYC bus.

mr. naive