Rebuttal Presumption was Never Applied - He won temp Sole Custody!

[PAisAbuse]

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

I should begin by admitting that I intentionally never wanted to bring the DV aspect of our marriage into court. I feared he wouldnt be granted joint custody if I went that route and I didn't want to take our daughter from her father. I never thought he would go to this extreme. Now that he has finally managed to exploit every loophole, false allegation, CPS, and the last of 4 Child Custody Recommending Counselors (CCRC), my attorney "handed" him temporary sole custody, via Stipulation - until 7/20 - in order to be granted a continuance because "it's apparent my client has some serious issues that I need time to further investigate." Yep. That client would be me. Despite how the majority feel about the controversy surrounding parental alienation, my case has been classified as such. I'm not even sure how I feel about that specific term, but my husband fits the description perfectly so I'm going with it.

My question: the 3 CCRCs we had met with before this 4th one, all documented and reported on the DV. Is that enough evidence for the court to establish DV under Section Code 3044? I had a DV Order of Protection issued in 2008 and he has been arrested twice for DV in 2008 and 2009, respectively. He was transferred to county hospitals as a 5150 instead on both occasions.

 

[Ohiogal]

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

I should begin by admitting that I intentionally never wanted to bring the DV aspect of our marriage into court. I feared he would be granted joint custody if I went that route. That was my first mistake. Now that he has finally managed to exploit every loophole, false allegation, CPS, and the last of 4 Child Custody Recommending Counselors (CCRC), my attorney "handed" him temporary sole custody, via Stipulation - until 7/20 - in order to be granted a continuance because "it's apparent my client has some serious issues that I need time to further investigate." Yep. That client would be me. Despite how the majority feel about the controversy surrounding parental alienation, my case has been classified as such. I'm not even sure how I feel about that specific term, but my husband fits the description perfectly so I'm going with it.

My question: the 3 CCRCs we had met with before this 4th one, all documented and reported on the DV. Is that enough evidence for the court to establish DV under Section Code 3044? I had a DV Order of Protection issued in 2008 and he has been arrested twice for DV in 2008 and 2009, respectively. He was transferred to county hospitals as a 5150 instead on both occasions.

CCRCs are not witnesses and do not provide evidence. So you have been accused of alienating the child. How old is the child? What have you done since 2009 regarding your marriage? Did you forgive him? Was he ever convicted? How long did the order of Protection last?

 

[PAisAbuse]

CCRCs are not witnesses and do not provide evidence.

*I updated the OP to clarify a bit*

That makes sense then that nothing was ever done to address the DV in court. What I don't understand is since the CCRC is not a witness and does not provide evidence, why do the Commissioners and Judges place so much weight on their reports and especially their recommendations? Shouldn't it be all or nothing? If they adopt the recommendations, shouldn't they acknowledge the DV?

I answered the rest of your questions in a second reply

 

[PAisAbuse]

CCRCs are not witnesses and do not provide evidence. So you have been accused of alienating the child. How old is the child? What have you done since 2009 regarding your marriage? Did you forgive him? Was he ever convicted? How long did the order of Protection last?

I am not the alienting parent. I am the one being alienated, or targeted, or erased - so many labels. I found out I was pregnant for a 3rd time about 7 weeks after I was granted the Ex Parte DV Order. We had lost 2 to miscarriage so I waited until my 2nd trimester to tell him. We got married in 2009 when I was 7 months pregnant. We now have a 6 year old daughter. I dismissed the Order at the 2nd continued hearing (he filed for both continuances). He was never convicted. I told him to leave it I would finally call and press charges after our daughter witnessed him slap me and throw me to the ground in March 2015. The physical abuse resumed and became worse in 2013. It was the first time she had seen him hurt me. I'll never forget that look. She was horrified and confused. He moved to his parents 2 days later and then he filed for divorce and sole custody in August 2015. We were ordered Joint custody in January 2016 but he never could accept anything less than sole. I've been brought back for Ex Parte hearings regarding drugs and neglect. Each time the emergency orders were denied. The evidence was hearsay. Then other people... My best friend, previous roommate, previous landlord... Wrote declarations citing neglect. The final CCRC recommended everything he asked for.

 

[Zigner]

You are represented - you should be consulting with your attorney who knows the details of the case. If you don't trust your attorney, find a new one.

 

[PAisAbuse]

You are represented - you should be consulting with your attorney who knows the details of the case. If you don't trust your attorney, find a new one.

My attorney is filing a Motion to Withdraw. For all intents and purposes, I am Pro Per. I know the law doesn't work like that, but finding another attorney is going to take time. I honestly don't know his reasons for withdrawing since he won't communicate with me. I have also, repeatedly, asked his office for a financial statement and the originals to my file, but still have not received either.

 

[Ohiogal]

*I updated the OP to clarify a bit*

That makes sense then that nothing was ever done to address the DV in court. What I don't understand is since the CCRC is not a witness and does not provide evidence, why do the Commissioners and Judges place so much weight on their reports and especially their recommendations? Shouldn't it be all or nothing? If they adopt the recommendations, shouldn't they acknowledge the DV?

I answered the rest of your questions in a second reply

A CCRC is only to investigate and make recommendations. If you wanted to prove DV you should have brought in records of convictions.

You still have not answered all my questions.

 

[Ohiogal]

let's try again:


How old is the child? What have you done since 2009 regarding your marriage? Did you forgive him? Was he ever convicted? How long did the order of Protection last?
Who has been accused and by whom of alienation?

 

[Zigner]

My attorney is filing a Motion to Withdraw. For all intents and purposes, I am Pro Per. I know the law doesn't work like that, but finding another attorney is going to take time. I honestly don't know his reasons for withdrawing since he won't communicate with me. I have also, repeatedly, asked his office for a financial statement and the originals to my file, but still have not received either.

I don't believe that your attorney suddenly stopped communicating with you for absolutely no reason that you are aware of.

ETA: I believe that you know why this is happening, but probably don't feel that whatever happened is a big enough deal to cause your attorney to react in such a way...

 

[LdiJ]

I don't believe that your attorney suddenly stopped communicating with you for absolutely no reason that you are aware of.

ETA: I believe that you know why this is happening, but probably don't feel that whatever happened is a big enough deal to cause your attorney to react in such a way...

Or, the attorney felt that the father's accusations were credible (whether true or not) and decided that he no longer wished to be involved in the case. So it could be that you are correct, or it could be that she is the victim of dad's.

There is no way to know which it is. It certainly looks bad that her attorney finds dad's accusation credible, but still, there is no way to know.

 

[Ohiogal]

I am not the alienting parent. I am the one being alienated, or targeted, or erased - so many labels. I found out I was pregnant for a 3rd time about 7 weeks after I was granted the Ex Parte DV Order. We had lost 2 to miscarriage so I waited until my 2nd trimester to tell him. We got married in 2009 when I was 7 months pregnant. We now have a 6 year old daughter.

Then the DV matters not quite frankly. You married him AFTERWARDS. Therefore, the DV is in no way, shape, or form relevant. Why would you think it is? How do you think you are being alienated?

 

[Ohiogal]

Or, the attorney felt that the father's accusations were credible (whether true or not) and decided that he no longer wished to be involved in the case. So it could be that you are correct, or it could be that she is the victim of dad's.

There is no way to know which it is. It certainly looks bad that her attorney finds dad's accusation credible, but still, there is no way to know.

A victim of dad's? I am not seeing that.

 

[LdiJ]

I am not the alienting parent. I am the one being alienated, or targeted, or erased - so many labels. I found out I was pregnant for a 3rd time about 7 weeks after I was granted the Ex Parte DV Order. We had lost 2 to miscarriage so I waited until my 2nd trimester to tell him. We got married in 2009 when I was 7 months pregnant. We now have a 6 year old daughter.

You married him AFTER having a DV exparte order against him? What were you thinking?

 

[Ohiogal]

I dismissed the Order at the 2nd continued hearing (he filed for both continuances). He was never convicted. I told him to leave it I would finally call and press charges after our daughter witnessed him slap me and throw me to the ground in March 2015. The physical abuse resumed and became worse in 2013. It was the first time she had seen him hurt me. I'll never forget that look. She was horrified and confused. He moved to his parents 2 days later and then he filed for divorce and sole custody in August 2015. We were ordered Joint custody in January 2016 but he never could accept anything less than sole.

You have NO EVIDENCE of abuse. NONE. That is why it doesn't matter. It makes you look like a liar. The fact that you didn't mention ANY of the 2013-2015 stuff in the initial post lessens your credibility. Have you ever been diagnosed with a mental illness? Have you ever had a psychiatric evaluation? I can understand why your attorney could be dropping you. Because your credibility is lacking.

 

[PAisAbuse]

You have NO EVIDENCE of abuse. NONE. That is why it doesn't matter. It makes you look like a liar. The fact that you didn't mention ANY of the 2013-2015 stuff in the initial post lessens your credibility. Have you ever been diagnosed with a mental illness? Have you ever had a psychiatric evaluation? I can understand why your attorney could be dropping you. Because your credibility is lacking.

I'm not exactly sure what to do here. This is a public forum so posting legal documents as evidence before they are presented in court is probably not the best idea