Bogus Retaliation Petition

[JaMount84]

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

Hi, My story is a long and intertwined, complicated one, but to break it down to my question on what I can do for possible slander/defamation/lasting emotional distress, here goes.
Last year, (June 2009, I'm still getting used to 2011) I had contacted a lawyer who was willing to work Pro-bono for my unique situation. It was very difficult, with my then situation for me to even be able to contact anyone, let alone legal help. Because of very serious things that weren't properly addressed within my family, I had no choice but to stay with them (or DV shelters, as I had been forced to go to, and I couldn't deal with that trauma) and my parents put a block on the phone, for 411 and any out of area code numbers. Which I needed, for proof of things, as my bank with that info was in Virginia, where we lived before here. They were also still verbally abusive, and intimidating me from getting help, exposing things, etc. But, I managed to get in contact with my old bank, get proof of things online, print them out, etc. And, I was getting in touch with therapy help, and proper mental health help.
I guess I have to back up a bit and explain why I was in the situation I'm about to describe in the first place. A lot of actual criminal things had happened to me by members of my family. To begin, my dad has been physically, verbally, mentally abusive for me and some of my siblings since I was young (tho, I did get most of his abuse). The difference tho, was, for me, my mom was not protective, at all. She was the opposite. She denied everything my dad did, even when she'd witness it, and instead, blamed me for how it affected me, by withdrawing, and wanting to hide bc I was ashamed of the pain. She has also bizarrely accused me of things I didn't do for most of my life. For example, recently, she called me when I was staying with my ex-bf and screamed I had her phone charger. Which, actually, I had no phone charger, I left mine at her "house" and had no clue hers was even missing. It's not a big deal, except she has denied serious, criminal things that really has gone on, and hurt me bc of her denials.
Looking back at how everything has started, I realize more now than I did then, such as it isn't my fault how I was treated, etc, but I never turned to drugs or alcohol, like most of my siblings (I have 9) have to "cope". I read a lot, I sang, I listened to music, I walked, I thought. And, most importantly, I never choose to mimic my dad and be abusive, like most of my siblings have.
I graduated High School in Spring of 2002. I wanted to audition for a music school, but I realize now I was seriously depressed b/c of the situation and abuse, and I started having anxiety as a result of the unresolved/un-talked about trauma from everything growing up. And, my dad was still physically violent with me, as well as verbal, mental. He'd throw me against the wall and spit in my face, accusing me of sleeping with random people on the street that, in reality, I never even talked to. Again, I realize now, he is sick, but honestly, what I'm going to explain is that everything hasn't properly come out, and I've been hurt for being the victim, basically.
I asked my mom to help me with the music schools, and she basically told me, I can't be a singer bc I'm not pretty enough. And that summer (2002) I got extreme, extreme tooth pain. It left me unable to sleep, unable to eat, I took aspirin but it didn't relieve the pain. I had to beg my mom (at first she did refuse) to take me to the dentist (she wouldn't even let me practice driving when I got my permit) and the dentist said I had a tooth abscess, and it'd cost money to do the surgery to relieve it. I have to go back a bit to explain how I got this money that would have helped me get the surgery and I would have used the rest for college. When I was 6, I was swiped (hit isn't the right word) by a drunk driver speeding on a residential street in philadelphia, where we lived. I (still) remember flying on the windshield, I don't remember the impact of being hit, but I was on his windshield, and when he stopped his car when he saw me, I fell onto the ground. I remember being fully conscious though it all. I was taken to a hospital to be checked out, they found no injuries except an eye one. (and probably, some minor cuts and bruises) My eye was hit when I fell onto the ground and it swelled up. No brain injuries at all, (which has been unbelievably made up and used in a bogus retaliation petition;reason for my question) There is obviously a record of their report, stating I was relatively unharmed, and even my Mom, who has lied about everything else, told them, after they wrote the bogus petition which directly hurt my life, that I didn't have any brain injuries at all from it. It wasn't even an issue, or something I was traumatized from, as it is now, due to the bogus petition and what it's caused. I think I know my life better than strangers, trying to protect their company (or whatever) from their own huge mistakes they made in the first place. So, I think I meandered a bit and got ahead of my story, but I got a 10,000 settlement for when I turned 18 from that. My family was very poor, and I could have been easily killed. I was just lucky I flew onto the windshield. When I was 18, I think I didn't know how to stand up for myself, kind of like a beaten dog, I was afraid. I didn't know I could help myself. But, that doesn't excuse what happened later. My mom continued to neglect me, would not listen to me when I asked for her help in setting up a bank account, getting tooth surgery, getting away from all that abuse, into college, etc. So, finally, my oldest sister, Jessica, said she would help me, if I lent her some money. I was in so much pain, and so depressed bc of it, I agreed. I just wanted out of that pain and able to live my life as I choose, and deserved. She helped set up my bank account, took me to boston to live with her and my other sister, Jennifer, and I finally was looked at for surgery for my teeth at BU dental school. There was minor abuse going on at that time, Jessica would randomly slap me, would yell at me if I moved something of "hers", etc. She was very controlling and mean behind closed doors and the opposite in front of others. My sister Jennifer is the same way. I started the surgery in January 2004, and in February, I found out I had no money on my account. Jessica told me she was sorry, and I didn't even understand at that point just what had happened. Jessica was, unbeknown to me, using my PIN (I've since found out, from my bank) and stealing my money by the thousands. My younger sister Jackie, who was 15/16 at the time she did this, was using my un-used checks I left in my drawer (not hers) at the family home in VA, and forging my signature and writing it out as gifts to her, from me. The bank let her do this. Jessica knew what jackie (and herself) was doing, as jackie told her, but she did nothing to stop it or tell me. In total, they took everything I had (around 9,000) and put me in debt to the bank. I had to stop the surgery, and Jessica wouldn't even let me stay with her, or even talk to me about paying me back. I had to go back to va. My parents did nothing about it. nothing but intimidate me from going to the police (I was about to call when I first found out, jenn told me it would be "worked out") and enable jackie, and abuse and neglect me even more. Jackie would scream at me when I'd ask her why and when she'd pay me back, she broke the computer in the house right before I was trying to take online college classes I needed to transfer and get out of the mess. I had to walk to the library and take them, and that proved..with everything else continuing, impossible. She then assaulted me violently when all I did was try to borrow a bag to put my books in to go to the library, and honestly, I think that was the last straw. My body and mind reacted in severe panic attacks, heart palpitations, and I felt like I couldn't even speak about what happened to anyone. Nobody I knew cared, they were responsible. I was numb, I thought if i tried to forget, it would go away, but the problem wasn't me, and it wasn't addressed or resolved. My family came here to Arizona in Summer 2005. I actually came over first with my brothers jason and jacob. I didn't have a choice in coming or not coming. I didn't want to be around my family anymore, but with what they did, I didn't have any money, was severely traumatized, etc, and I had to be dependent on them, which is actually what I think my dad likes. He likes the control. And my mom likes to "complain" and inaccurately be seen as a martyr or "good" mother. Before having to come here, I asked my mom for the 2,000 Jackie (who was underage) stole. She screamed at me some lame excuse, and refused. So, I came, and I wanted so bad for all this to be gone. But again, it just doesn't work that way when it's bigger than you. The extreme heat (the ac broke down for that july 2005 heatwave, i sweated in my sleep, and I think it added to my PTSD) the alienation you feel with the people here, and the fact that my PTSD came out in full force, and I didn't know what the hell was going on when my heart would beat fast, or I couldn't breathe, or my chest would tighten. But I knew it had to do with all the violence, crime and abuse not resolved within the family. My tooth pain was still going on, I had to take so much aspirin, I developed an allergic reaction to it (learned that the hard way) and again, my mom was negligent.

 

[JaMount84]

..continued.)She was more concerned with being hysterical about how my dad treats her (which, honestly, to this day, I've never seen him lay a finger on her, like he has done to me since I was a kid) and how hard she has it. Well, I visited a friend in NC the summer of 2006, and opened up to her and her family. They didn't quite get the full scope, and the fact that I needed legal help, instead they directed me towards the church. I reluctantly got baptized, and felt a lil bit better, only bc I wasn't in my family's environment. I had to leave, and go back to az, and it was just overwhelming. I couldn't sleep due to the panic and anxiety, I didn't even have a normal bed or room to sleep in, I had to sleep on the couch or in a big closet. One night, I called 911 during a panic attack, and they asked why it was happening, and I told them. Now, I wasn't calm, I was traumatized. But, I was telling the truth, and if they would have actually investigated instead of wrongly misjudging me with no proof, they would have seen that. My mom basically covered everything up and denied what I told them. She then said exaggerated, delusional accounts of my behavior in trying to cope with all this. She used the fact that at 21 years old, and dealing with all this (tho she didn't tell them that) I would take long walks to parks or other safe areas at night for some peace and quiet and to cope with the panic attacks. But, according to her, I didn't have a reason to take them. I don't know exactly who said/did what but they (police, paramedics) asked me if I wanted to go to the hospital (meaning er) and I said yes. I was frustrated, bc it seemed they weren't taking it serious, but instead, asking me bizarre, suspicious questions, then listening to my mom spew out her denials, and blaming me as the problem. I need to say, my mom has never been evaluated mentally in her life, but she desperately needs it. She has been a danger to others for years and years, as evidenced by her actions. She's also threatened, many times, to killing herself, and others. She's used this fake image of a mother of ten, and that she looks like a "nice" old lady, but looks are deceiving and often, have nothing to do with a persons character. I went to the ER, and I was obviously, scared, and I didn't understand why no investigation happened, or why everyone was believing my mom. I also didn't get much sleep that night. I talked to a social worker, and it was obvious, by what he did, he talked to either my mom or the police before he talked to me. My siblings were there that night, but ran away when the police came. They didn't tell the truth, or stand up for me. I never ever said or thought what was written in the petition for me to go be evaluated against my will. They twisted everything around to fit their wrong perception of me based on my moms denials. And, again, nobody came forward to help me out, and they wouldn't even listen to me, or the fact they made a big mistake. Ok, I'm going to speed it up a bit b/c there is so much that has gone on, but I was misdiagnosed, mismedicated with a pill I have never had any symptoms for, the real issues have never been resolved, or stopped, my family has done so much more in the last 4 1/2 years. So, last year and a half, I was finally standing up for myself. A year before, my sister Jenn finally told somebody in the system the truth, and that these things really have happened, and that I've never been psychotic in my life, I had two different evaluations done by psychiatrists not associated with my case, and they not only found no psychosis, they disagreed with that wrong diagnosis. And still, I was being intimidated by the "doctors" I was forced to go to, bc they refused to admit mistakes. And, I called the clinic I went to, to tell them I would like my case to be closed with them. I spoke to the team lead, Maria. She didn't know me or my situation very well, but I had shown her proof of Jackie's forgery, with copies of the checks she wrote. I told her why, and that i was getting legal help, and proper mental health help and therapy. She intimidated me and said "you're going to regret this" Later that week, I was feeling hopeful about everything coming out, and getting my rights back, when a policeman knocked on the door, and I was completely caught off-guard. I was in shock and shaking. I tried to grab proof of the forgery, but couldn't find all of it it (of course, that's always the way it goes..)and clumsily grabbed a couple pieces. I thought, how is this happening? how could this happen again? I was taken to UPC, and there I read the "petition" It was written the same day I called and asked for my case to be closed and told Maria I was getting legal help. She wrote it. She actually forged my case managers signature, as she was out of town that week. Everything in it, including the spelling of my name and my social security number was incorrect. Her reasons she listed were extremely one-sided accounts of the last "doctor" visit I wasn't even court-ordered to make, and the fact that I quietly refused to take extreme medicine for symptoms I didn't have, coming from a nurse-practitioner who didn't actually listen to me, just misjudged and jumped to wrong assumptions, has so much misinformation about me, and a misdiagnosis to boot. She failed to include how, just a month before, I was voluntarily evaluated by a psychiatrist and he not only disagreed with the bogus diagnosis she used(which was 3 years old at that point) he found no psychosis. She also completely lied about what happened when I was 6. This is hard for me to say, because, it's my life, and I know my life, and to lie about something and use it to hurt someones life, and not even apologize or explain why you did that. It's left me with such emotional trauma. Because of that, I was put in the Hospital where I was attacked by a patient. She, obviously has issues, and I don't blame or have any ill-feelings towards her. I shouldn't have been there. The girl was much bigger than me, pointed at me, then came at me, grabbed my neck with her hands and was squeezing my neck. Staff did nothing, but open their mouths, and a couple fellow patients had to pull her off me, and she left deep scratch marks/wounds on my neck and chest from her long fingernails and her tight grip on me as she was pulled off.
There has been more things that directly happened bc of that bogus, going in circles on their own mistakes petition, but I just want to know, what can I do? To stand up for myself, to finally correct all this garbage so it can't happen anymore, and to get out of what my family has done, with the forgery, misleading police, violence, neglect, etc.
If you read all this, thank you very much.
BTW, there is proof of everything that's really gone on, and absolutely no proof of what my mom has perpetuated and started with this misdiagnosis.

 

[JaMount84]

I want to add, I have a younger brother, who's 14, and in the last 2,3 years, my dad has been physically violent with him. And, my mom doesn't really care. And, I tried to make a report about it, with the police, but my dad verbally intimidated me, and said, that he'd just lie, Jonathon wouldn't admit it, and besides, the police have all that misinformation about me. They wouldn't believe me. And, the very few times I have reported new things as they've happened here to me, such as Jackie assaulting me 2 years ago, leaving my arms bleeding, the Gilbert police, wrongly insinuated at first i must be on drugs, then when they checked my eyes, and found I wasn't, they still said untrue things about me, without looking at the real issues, or their own mistakes. Jackie was here, and walked down the stairs in tight jeans and a tube top, and I said to the officer, that's who assaulted me, and he didn't even question her. But he sure did hurt me. And of course, my mom talked to them/covered things up before they talked to me. I always thought you should be able to trust a police officer when you really are the victim of things. Either the ones I've dealt with who've done no investigation, but misjudged me with no proof and continued it/not fixing their mistakes aren't true police officers in spirit or they really are all corrupt. They're supposed to help. but, here, they've hurt. That's why I haven't called when I do need to, such as when my now ex-bf hurts me. Calling the police, with all thier misinformation/mistakes/stupid pride/corruption will hurt me even more/not fix the real problems or validate me.

Again, if anyone is reading this, and has knowledge on what I can do for legal help, please reply. I am a good person, and I had/have goals for my life. It's been seriously derailed, and I don't deserve it. I deserve my rights. Thank you in advance.

 

[tranquility]

Start with a question and use bullet points for facts you feel important. Even if someone reads your post filled with emotion, they cannot understand.

 

[JaMount84]

Start with a question and use bullet points for facts you feel important. Even if someone reads your post filled with emotion, they cannot understand.

I feel like I don't know where to begin, or how to take out emotion but I'll give it a shot. Thanks for the advice.

What can I do legally to stand up for myself, from the Mental Health misdiagnosis and the many damages (one of the meds caused me to faint many times, lowering my blood pressure, and actually caused a tooth to disappear from loss of enamel. It only happened when I was forced to take it)
+ It shouldn't have happened in the first place, it was a legal matter first and foremost on my part
+ Police did no investigation and jumped to wrong conclusions about my situation
+ My mom denied the truth, and said untrue things about my behavior.
+There was no actual evidence to back up the claims in the first petition/diagnosis, except the fact my mom denied what I told them happened/made false accusations.
What can I do about the retaliation petition from last year (June 2009, but i had to deal directly with the damages for many many months)
Uh, it's hard for me to write why it was so bogus, but trust me, it was.

Edit: I have a new doctor now, an actual psychiatrist, not NP, and she's not associated with all the mistakes, and has given me a new evaluation and properly diagnosed me with PTSD/depression. But, from my point of view, not only have I been so needlessly wronged, nothing that has really gone within the family has ever been resolved or stopped. And it should have. 4 years ago. And I deserve to speak my truth, and stand up for myself, I deserve answers for why when i reached out for help, I got all this, and my painful truth thrown in my face and used against me. I deserve for it to be rightfully fixed. I didn't ask them to do what they've done. And, the tooth issue is really bugging me. Not just that, I am sensitive to certain things that I think have to do with being wrongly given certain drugs. And, I don't have any closure to know it won't happen anymore, if I try and stand up for myself.

 

[Hot Topic]

You need to be posting on a mental health forum.

 

[JaMount84]

^ Okay..Good to know my real horror is just a long, detailed essay. I honestly can't be brief and to the point, because so much has happened, and it's gone back and forth with the information they used, so I have to explain it.
I'm trying to reach out and get help. I don't think this has much to do with mental heath, maybe I had ptsd before I called 911 4 years ago, but it was situational, and would have been easier to heal from if I had been validated, like I should have. I am actually a laid-back, calm, patient, resilient and understanding person, but what's happened to me is not normal. It was a legal/criminal situation done to me, not mental health, but in being misdiagnosed, obviously, it's caused damage, and not fixed the real problems with my family, and the mental health stuff has snow-balled, and they really did make a bogus retaliation petition a year and a half ago.