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Violation of Several Rights, Agree?

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nototyranny

Guest
What is the name of your state? California

My husband has a restraining order (was temporary until his failure to appear - he turned himself in two days later), which was imposed by the D.A.'s office, after an incident at our house in March this year over a mutual male friend, which escalated to him yelling, and upon me locking him out of house, broke a window and pulled my DSL line from the box, which led to my calling the police (both matters, I must add, he has fulfilled his obligation and paid restitution) -

First question here what jurisdiction or right does DA have to file the RO against him, especially after the "Victim's Advocate", which in my opinion is a B.S.-funded position at the DA's office, tried to tell/convince me that "this incident had me scared and quite stressed" (not even close, her office on the other hand...........), to which I clearly replied and stated for the record, was not the case as my husband has never touched, threatened to or otherwise harmed my daughter or me - we're human, this was a relationship matter whereby emotions played a part, and that was that. I sent the judge a letter similar to this, but never heard back and since I was told my husband could "catch another case" if I showed to court (remember there's a RO in place :rolleyes:), I didn't show.

He failed to appear last week - follow-up, and turned himself in a few days later, only to be remanded until the sentencing this week.

Here's the crux of my problem and my question - After not hearing from him via the phone, I went to visit him at the County jail only to be met with "Big Brother", - who obviously knows what's good for me - remember they initiated the RO in the first place -, telling me I cannot see, write or talk to him (they, the County Sheriff, blocked him from calling OUR home number through Evercomm the carrier for all calls going out of this jail) !

I asked why and was again told - "He could catch another case if "they" found out", to which I replied "Who is "they" and who would tell "them", you?" and that was met with - "No, but if the DA's office reviewed the visit logs....." and again, I stated "If my husband is aware of the RISK involved with my visit, he has the right to refuse my vist, correct? They couldn't say anything and said firmly, "No" you may not see him, handed me my license, and shooed me away -

If I didn't know better that was a VIOLATION of my 1st Amendment to the Consititution of the US, Rights - Freedom of Speech - We are two well-minded, able-bodied, married individuals - who are they to tell me I can't see, talk to or write to, my own husband :confused: I Just want to see my husband - what's wrong with that and I know he wants to see me too - he called a mutual friend -

Also, going back to the second paragraph - if the original arrest was made due to my phone call that evening - doesn't the 6th Amendment say my husband "has the right to be confronted with the witnesses against him" - My Lord, I wasn't even allowed in the court room and I know the DA wasn't at my house that evening![/B]

He ended up pleading out his case - (the original in April) and sentenced to Dom. Violence classes, but point made - the DA's office never asked me about this incident- only the "Victim's Advocate", who in my opinion, is only ONE surface, frontline figure, and proponent of where this County stands on values - separation of Family, Father no longer allowed home to lead OUR home, with possible thought that the next step is "they'll separate", then Divorce, etc.etc. (hmmm.. more revenues to file papers, right???).

What should I do, aside from obtaining a phony id, and then once he's released moving to Nevada? :D Can I get the order removed? Can I sue the DA or Jail staff? What can I DO?????

Apologize for length, could go on much more, but any lawful feedback or remedy to my dilemma (my husband will have to deal with his not registering for classes and failure to appears as they find appropriate), especially if he's sentenced to 30 - 90 days, is appreciated!

NoToTyranny ;)
 
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stephenk

Senior Member
The fact that your hubby fails to appear in court when required and fails to comply with the conditions of his plea agreement dont matter to you? If he doesnt care what happens to himself why are you so concerned?

He had an attorney representing him, right? He pled out his case because he knew if he went to trial he would be sent to jail.

You are not necessarily needed for the case to be prosecuted against your hubby. The state has a copy of your frantic call on 911 about how your hubby is out of control, the police who showed up can testify about what they saw and heard.

Do you know how many women recant their testimony? A lot. So the court doesnt really care that now you want to be with him and you believe he is a changed man.

It's obvious he hasnt changed because he is treating the court with the same disrespect he treated you.
 
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nototyranny

Guest
Thanks - Missed the Mark, however!

Sir - (Assumption)

Of course I'm bothered by what he's done, or failed to do - as you can see my last paragraph states that he will have to deal with whatever he's dealt by the courts - accountability (I firmly believe in that, which is why he's not been bailed - we have the money, if I felt he didn't need to learn something from this - yes I'm conservative ).

I never said he was a changed man, you put words in my mouth - I simply stated he paid restitution and turned himself in - please don't assume ANYTHING!

Not necessarily did I need to be in court as the accuser - Good Lord, who else was there that night ? The Police didn't testify and actually told me my husband was compliant when they asked him to leave and go with them. BTW My call to 911 was far from frantic, in fact ANNOYED is more the tone - I wanted him to calm down, I certainly didn't fear for my life in fact, had my uncle or brother been in town (or my father still living), they'd have received my call instead - I come from a family of law enforcement and firemen - I have respect!

Who said recant on my testimony - I NEVER asked for a restraining order - WHO/WHAT GAVE the DA the right to place one in effect through courts and who gave them the right to taking away my FREEDOM of Speech - ability to speak to my husband - see him, write to him, etc!! The courts don't care, you're right on that count, but it's BU**S*&T , when it violates my rights and infringes on me! BTW, if they don't care then why won't they remove it.

Again, who said changed man - I sure didn't! But you didn't know him before this incident either - You obviously assumed a lot when you read this - sort of like the courts and DA - with exception, you got to hear/read my side and interpreted it as you chose!

Are you an attorney? If so, you are the reason they have a bad name! You sure are quick to judge someone - Is there anyone else who can assist me with the fact that MY, I repeat, MY, not my husband's RIGHTS have been taken away on this case!

Respectfullly submitted -

NoToTyranny
 

stealth2

Under the Radar Member
Well, don't expect a hell of a lot of help if that's how you respond to one of the more respected posters on the site.

You took it upon yourself to call 9-1-1 for help. That put you - and your husband - in the system. Don't like how it works? Such is life.
 
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ourjusticecase

Guest
I have never posted until tonight

you know i read and reread the lady's original post and she never once alluded to or said anything that the first laywer responded to. she sounds like she's got her act together and has some smarts. What is respected.... someone who in a round about way puts someone else down for asking for advice. Are you an attorney too - stick together and oppression to the people :rolleyes: You're no better than the jail staff she refers to.

NoToTyranny, if you don't reply to these people good for you. Your rights were and are being violated - Tyranny exists because people don't ask questions, are passive and allow government to take over. Keep asking, questioning and the like - if you piss them off, you're doing something right. I give this thread, and NoToTyranny a 5++ rating.

Respect is earned, not given by a degree or credential. stephenk should have listened with his eyes, not judge this woman by what he wanted to hear.

Also, what has happened to NoToTyranny would never have happened in my home state, Arizona, and God forbid they, big brother, try it where I was raised, Texas.

Where are all my redneck brothers out there - let's hear it for NoToTyranny - go kick some butt sister...

ourjustice
 
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stealth2

Under the Radar Member
Nope, not an attorney, dude. Sorry - guess again. But I've had time to read stephenk's posts enough to know that he is almost always on the mark.
 
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lovingdaddy2

Guest
ourjusticecase


Are you a attorney ? Just wondering I liked your post
 

stephenk

Senior Member
"First question here what jurisdiction or right does DA have to file the RO against him"

That's easy. You were the victim whether you want to believe it or not. You called the police as a victim of a domestic violence crime. So, the DA put a temporary RO on your hubby. It's your hubby who failed to appear in court that resulted in the temporary RO becoming a permanent RO. Since the RO is on your hubby HE is the one that will have to hire an attorney and attempt to get it removed. You can assist but it is his motion to file not yours.

"If I didn't know better that was a VIOLATION of my 1st Amendment to the Consititution of the US, Rights - Freedom of Speech"

Sorry you are wrong. He has a RO against him. The jail cant allow him to violate the RO and put him at risk for further jail time, even if he wants to.

"Also, going back to the second paragraph - if the original arrest was made due to my phone call that evening - doesn't the 6th Amendment say my husband "has the right to be confronted with the witnesses against him" - My Lord, I wasn't even allowed in the court room and I know the DA wasn't at my house that evening! He ended up pleading out his case"

Since there was no trial (hubby plead guilty/no contest) no 6th amendment rights of your hubby were violated. You sitting in the courtroom wouldnt have made a difference since you are not a party to any plea agreement he would reach with the State.

Did your hubby talk to you about what he would be facing before he pled out his case? Did he have an attorney? Is your hubby complaining about his legal representation or are you the one complaining?

"Can I get the order removed? Can I sue the DA or Jail staff? What can I DO?????"

As I said above, it's your hubby's decision whether to attempt to get the RO set aside. You have no legal ground to sue the DA or the Jail.
 
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ourjusticecase

Guest
I wish i were on this one

No sir, I am not an attorney, but given this case and the obvious violation of NTT's God-given, sovereign rights, I wish I was - i'd take it pro bono.

The general misconception of the people, is that any statute passed by legistlators, bearing the appearance of law constitutes the law of the land. The U.S. Constitution is the supreme law of the land, and any statutue, in order to be valid, must be in agreement. It is impossible for law, which violates the Constitution to be valid.

See this, NTT comes from a law or law enforcement family, I don't remember which. Now, when people acting in name of govt. violate ethics, they break trust with the people, hence the people's natural response is to pull back power.

Loss of power creates fear and in turn to gain it back, or try to hold on to their power laws and force are often instituted.

She hit the nail on the head, unchecked power is the foundation of tyranny.

Don't think this same thing couldn't happen to you, because it can.

NoToTyranny - what do you think about all of this?

OurJustice
 

Jeter

Member
Hey, ourjusticecase,didn't you teach politcal science- Mon/wed/fri at NYU- about 12 years back? We toilet papered your car on Halloween.
 
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nototyranny

Guest
I DID get the Order REVERSED -!!!

Update and closure UPDATE AND CLOSE!

Well, I haven't posted back to this group, as it seems what started out as knowing I was wronged, turned into a lot of what appears to me as, vindictive posters, lawyers and lawyer wannabees.

After my city council meeting monday evening, i spoke to a well-regarded individual in our community. he affirmed that i was being denied rights and told me how to go about getting the order reversed and/or modified (me not my husband mr. stephenk). Thanks for the support ourjusticecase, I knew i had a case, just didn't know how to go about handling it :) You keep it up, you were the reason i continued to pursue this!!

Regardless, the order is now reversed, in fact, i'm heading over to the facility to see my "hubby" now.

Best wishes to you who don't lay down and take one "person/posters" advice. When you know in your heart you've been wronged! stay tenacious and fight for your right!!

always -

NoToTyranny NTT
 
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coosi

Guest
I'm glad that you and hubby get to kiss and make up tonight, although it would be more fun at home, no doubt.

Something to remember in the future:

You can't have it both ways.

At the point when you call "911" to have legal intervention in a personal matter, it is out of your hands. Either you manage your personal life yourself and stay out of the courts, or the courts will manage it for you. Why would anyone think that after you called for help, suddenly you are all grown up and don't need their help anymore? Make the decision on who's in charge before you make the call...

Good Luck!
 

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