Judge granted 3 year RO to stay away from Fiance's children

[momsd12]

What is the name of your state (only U.S. law)? What is the name of your state (only U.S. law)? CA

My Fiance's Ex girlfriend attacked me without cause or reason. She was dropping off thier 2 girls for Halloween when she saw me walking back home from the neighbors house and began mumbling about Baby Daddy etc. We didn't respond to her at all when all of a sudden she was swinging her fists at me and grabbing for my hair. My fiance managed to get my hair from her grip and I ran back up the driveway to call the police. There were so many people out trick or treating that saw it all happen, she was so intoxicated she couldn't even stand up straight. One of the witnesses was already on the phone with 911 when his ex came back to attack me a second time. After the second attack she tried to flee the scene because she knew the police were on thier way. One of the witnesses was blocking her from taking the girls out of the car and was telling her that she wasn't leaving anywhere because she smelled very heavily of alcohol. By this point my Fiance had his cell phone video taping the incident. She was able to get into the driver seat and sped away with one witness in the passenger door and one of his daughters almost fell out of the door. The police arrived 3 min later and put out a notice with her license plate #, a helicopter was flying around the neighborhood trying to find them without success. We ended up finding them at her apartment 2 hours later and called the police, they arrived and said that there was nothing they could do at that point. She made a police report an hour before claiming she was the victim of an assault! And even though she violated my Fiance's Criminal Protective Order against her, they would not arrest her. THE CPO was for similar actions 9 months earlier, where she received a DUI with child endangerment x 3 and Battery while dropping off the kids at his house.
The end result to this DRAMA was that she filed a restraining order against me after I filed, the Judge granted her order against me and it included the 2 girls. I pled to the judge to read the Police report and witness statements and also to watch the Video, she would not entertain the evidence because it was not lodged properly. I also requested for the children to be removed on her request for RO because they reside in our home and would be a conflict, the judge looked at my fiance in the court room and said he needed to choose between me or his kids.
Is it unethical for a Judge to refuse credible evidence?
And BTW she was on probation during this and the City Attorney's Office now has the case and will be prosecuting her for violating the CPO and Assault charges.

 

[LdiJ]

What is the name of your state (only U.S. law)? What is the name of your state (only U.S. law)? CA

My Fiance's Ex girlfriend attacked me without cause or reason. She was dropping off thier 2 girls for Halloween when she saw me walking back home from the neighbors house and began mumbling about Baby Daddy etc. We didn't respond to her at all when all of a sudden she was swinging her fists at me and grabbing for my hair. My fiance managed to get my hair from her grip and I ran back up the driveway to call the police. There were so many people out trick or treating that saw it all happen, she was so intoxicated she couldn't even stand up straight. One of the witnesses was already on the phone with 911 when his ex came back to attack me a second time. After the second attack she tried to flee the scene because she knew the police were on thier way. One of the witnesses was blocking her from taking the girls out of the car and was telling her that she wasn't leaving anywhere because she smelled very heavily of alcohol. By this point my Fiance had his cell phone video taping the incident. She was able to get into the driver seat and sped away with one witness in the passenger door and one of his daughters almost fell out of the door. The police arrived 3 min later and put out a notice with her license plate #, a helicopter was flying around the neighborhood trying to find them without success. We ended up finding them at her apartment 2 hours later and called the police, they arrived and said that there was nothing they could do at that point. She made a police report an hour before claiming she was the victim of an assault! And even though she violated my Fiance's Criminal Protective Order against her, they would not arrest her. THE CPO was for similar actions 9 months earlier, where she received a DUI with child endangerment x 3 and Battery while dropping off the kids at his house.
The end result to this DRAMA was that she filed a restraining order against me after I filed, the Judge granted her order against me and it included the 2 girls. I pled to the judge to read the Police report and witness statements and also to watch the Video, she would not entertain the evidence because it was not lodged properly. I also requested for the children to be removed on her request for RO because they reside in our home and would be a conflict, the judge looked at my fiance in the court room and said he needed to choose between me or his kids.
Is it unethical for a Judge to refuse credible evidence?
And BTW she was on probation during this and the City Attorney's Office now has the case and will be prosecuting her for violating the CPO and Assault charges.

A judge can refuse to hear evidence that is not properly before the court.

You have been restrained from being around your fiance's children. Unless you want him to lose his children you have no choice but to obey the order. If he wants to fight this he needs to hire an attorney. There is nothing YOU can do.

If your fiance does manage to fight this and get it removed, then the most important thing for you to do is to NEVER, EVER be present when mom is present. You haver to make absolutely sure that there is NEVER, EVER an opportunity for anything to happen again between you and mom. You need to not exist as far as mom is concerned.

 

[CdwJava]

And even though she violated my Fiance's Criminal Protective Order against her, they would not arrest her. THE CPO was for similar actions 9 months earlier, where she received a DUI with child endangerment x 3 and Battery while dropping off the kids at his house.

Did they say WHY they would not arrest her? My guess is that there is some sort of language in the order that allows for the children to be dropped off, so that would allow her contact. And unless it names YOU as a protected party, it appears that you and she got into a fight - not she and he. And ... a CPO for child endangerment???? If I had to guess, that would be an order to protect the kids, not him. What, EXACTLY, does the CPO say?

Is it unethical for a Judge to refuse credible evidence?

That's not the question to be asked ... the question here is whether the judge can exclude evidence that was improperly presented, and the answer to that is, "Yes."

This is why someone should hire an attorney when facing such concerns.

And BTW she was on probation during this and the City Attorney's Office now has the case and will be prosecuting her for violating the CPO and Assault charges.

Okay.

 

[momsd12]

Did they say WHY they would not arrest her? My guess is that there is some sort of language in the order that allows for the children to be dropped off, so that would allow her contact. And unless it names YOU as a protected party, it appears that you and she got into a fight - not she and he. And ... a CPO for child endangerment???? If I had to guess, that would be an order to protect the kids, not him. What, EXACTLY, does the CPO say?


That's not the question to be asked ... the question here is whether the judge can exclude evidence that was improperly presented, and the answer to that is, "Yes."

This is why someone should hire an attorney when facing such concerns.


Okay.

Exact wording on the CPO is:
may have peaceful contact with the protected persons named above only for court-ordered exchange and visitation as stated in the Family, Juvenile, or Probate court order in Case No. ******* issued on _____2012, as an exception to the "no-contact" or "stay-away" provision in paragraph 10,11, or 12 of this order. *This exception only applies with repect to exchange of daughter A and daughter B.

The CPO is for my Fiance and does not include me, that is why I went to have a RO placed on her following the attack. Our biggest issue with the Police was that she was drinking and driving AGAIN with the kids in the car, and she violated the peaceful contact during dropoff by assaulting my fiance. They stated that we were in a "stalemate situation" where with her reporting as a victim it was a "he said/she said situation" and the detectives would need to sort it all out. Im not a Peace Officer so Im not exactly sure how thier system works, but from what he told me was that the West Division Office took our report and another division took her report? I was under the understanding that if you inflict injury on someone that has an order against you, it's a Violation of the courts order and they should be placed under arrest.

That's not the question to be asked ... the question here is whether the judge can exclude evidence that was improperly presented, and the answer to that is, "Yes."

This is why someone should hire an attorney when facing such concerns.

The Judge allowed photos of her face to be presented and after that she didn't want to see any other evidence on my side, not even a police report. She was able to inflict injury to her face in the 2 hours after attacking us and took personal photos of her face. The judges clerk talked to my fiance and I right after the hearing and wanted to tell us that when the opposing party applied for the RO she appeared to be drunk, slurred her speech and smelled like alcohol. We are trying to Appeal the RO and understand that we cannot disclose new evidence or witnesses, but if she pleads guilty in the criminal court during prosecution this month would that not be justification during Appeals?

 

[CdwJava]

Her pleading guilty to an assault on YOU does not mean that she violated the court order with regards to her ex.

NOW you say that she attacked your fiance who had the restraining order against her ... that was not clear in your initial post, and unless it was clear to the investigating officers, it is not a violation of the peaceful contact order (for custody exchange) with him. Had there been probable cause to believe she violated a domestic violence restraining order, then an arrest should have occurred ... but, that does not appear to be the case here.

Your fiance may want to hire an attorney to help him with this process so he can better protect his children.

You will need to do your darndest to heed whatever order might be issued, and I suggest you hire an attorney to assist you with challenging any order that might be scheduled for court. And, even if no orders issue, STAY AWAY from this woman. I mean FAAAAR away!

 

[Ohiogal]

Exact wording on the CPO is:
may have peaceful contact with the protected persons named above only for court-ordered exchange and visitation as stated in the Family, Juvenile, or Probate court order in Case No. ******* issued on _____2012, as an exception to the "no-contact" or "stay-away" provision in paragraph 10,11, or 12 of this order. *This exception only applies with repect to exchange of daughter A and daughter B.

The CPO is for my Fiance and does not include me, that is why I went to have a RO placed on her following the attack. Our biggest issue with the Police was that she was drinking and driving AGAIN with the kids in the car, and she violated the peaceful contact during dropoff by assaulting my fiance. They stated that we were in a "stalemate situation" where with her reporting as a victim it was a "he said/she said situation" and the detectives would need to sort it all out. Im not a Peace Officer so Im not exactly sure how thier system works, but from what he told me was that the West Division Office took our report and another division took her report? I was under the understanding that if you inflict injury on someone that has an order against you, it's a Violation of the courts order and they should be placed under arrest.

That's not the question to be asked ... the question here is whether the judge can exclude evidence that was improperly presented, and the answer to that is, "Yes."

This is why someone should hire an attorney when facing such concerns.

The Judge allowed photos of her face to be presented and after that she didn't want to see any other evidence on my side, not even a police report. She was able to inflict injury to her face in the 2 hours after attacking us and took personal photos of her face. The judges clerk talked to my fiance and I right after the hearing and wanted to tell us that when the opposing party applied for the RO she appeared to be drunk, slurred her speech and smelled like alcohol. We are trying to Appeal the RO and understand that we cannot disclose new evidence or witnesses, but if she pleads guilty in the criminal court during prosecution this month would that not be justification during Appeals?

An appeal can include NO NEW INFORMATION but only deals with mistakes at the trial level. And I disagree, since the RO is against YOU, you are the only one who can appeal it. The photos were most likely properly introduced. Police reports are hearsay and not a hearsay exception. You should have had the police officer there to testify.

 

[Ohiogal]

A judge can refuse to hear evidence that is not properly before the court.

You have been restrained from being around your fiance's children. Unless you want him to lose his children you have no choice but to obey the order. If he wants to fight this he needs to hire an attorney. There is nothing YOU can do.

If your fiance does manage to fight this and get it removed, then the most important thing for you to do is to NEVER, EVER be present when mom is present. You haver to make absolutely sure that there is NEVER, EVER an opportunity for anything to happen again between you and mom. You need to not exist as far as mom is concerned.

The bolded is TOTALLY incorrect. SHE is the party to the RO against her. SHE is the only one who can do anything about the RO that is against her. Boyfriend can do nothing. Boyfriend is NOT a party to the order. Boyfriend does NOT have standing to appeal or fight an order in which he is not a party. He can be a witness for OP.