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Restraining Order

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GRRRatTheJudge

Junior Member
What is the name of your state (only U.S. law)? Oregon

I'd like to write a letter to the judge in my parents restraining order case..

Clifs:

My parents went to court a month or so ago, the request for a restraining order was full of plenty of lies, and irrelevance, but dad didn't want to see her again, he just didn't want to lose his place to live, so his lawyer advised him to only contest the part of the order that gives her the house.

After some testimony the judge ruled that part of my dads abuse is done via the house, so she let my mom keep the house even though she didn't intend to live there.

***previously***
My mom filed against my dad a year + ago, I stayed completely out of all of that, so all i know is that my mom admitted to slapping my dad, and was granted her restraining order.

My mom and dad were ordered to share their residence around my moms work schedule. She's a flight attendant. Her roomates were losing their house in Arizona, so she started coming to their house a few days a week.

Dad did violate that restraining order, he had a 103 degree temp and walked the 20 or so miles to his house on a morning she was leaving, he got there 2/3 hours before she was do to leave, he decided to sleep in his boat until she left.

He was cold, he knocked, she answered, let him in, he asked if he could 'please just sleep in his own bed'. She said yes, went back to bed on teh sofa (where she always sleeps) a few minutes later he overheard her talking to the police, describing him, he left and was arrested a few minutes later.

***now***

I'm sick about this decision, i don't know what to do.. not just for my dad.. for me.. i'm frustrated.. arg!

I wrote this letter, note, book, call it what you will, i want to send it..

It's to personal still though.. So I don't know if i should send part of it, all of it, or if i just come off as crazy, or obsessed.

Dads lawyer says there's no point in appealing.. he was actually 100% sure that dad would win within moments.. in fact, so was my moms lawyer.

At the very least i need to edit this letter, it's to long to even bother reading now I think..
 


GRRRatTheJudge

Junior Member
Is it even legal to send? Is it harassment? Will it get read?

Hi, I don’t really know what the rules are for writing to judges, but I thought that this letter might just help the both of us.

I’ve lost plenty of faith in the legal system the last few times I’ve seen it in action, so I could use the opportunity to vent, and you as a judge don’t always get the insight from contact after a case.

I realize this letter isn’t going to change the judgment, or make things fair again, but I think you were pretty blind sighted, and I’d like to explain that to you as respectfully as possible.

My parents came before you about a month ago, Mr and Mrs Husband and Wife (edited name out)

My dads lawyer told him that if all he wanted was the house, and not my mom, since she didn’t live in the house, or intend to, then just contest that part of the restraining order. Let her have the order, he doesn’t want to see her anyway.

He didn’t tell him that by not contesting the order he agreed that the order was true, however that’s how things seemed to work out if what my moms lawyer said to me during questioning was right.

My dad by the way makes a horrible witness. The moment he gets into a courtroom he becomes all manners, he won’t stand up for himself, he doesn’t nudge his lawyer when my mom tells a bold faced lie, he doesn’t write notes, and honestly, to me he seems defensive.

Anyway, my mom has two children, myself and my sister, who both came to court with my dad. It just seems to me that in itself should have said something to you.. Especially since we’re both girls.

You might remember because my sister had her son with her, he was very interested in the court room, the police and excited to see a judge. We took turns in the hall with him, entertaining him by taking pictures, court started at 9am and his school at 9:15, so we ended up bringing him.

Anyway you had a clerk ask us to take my nephew outside of the courtroom, so that might jog your memory some, I don’t have any idea how often that happens though.

So, my dad’s there with my sister and I, my moms there alone. No witnesses…

It was really really hard to testify against my mom. After years of physical and emotional abuse, my sister and I really just avoid her most of the time, and we try to remain civilly polite with her when we do see her.

We hug, she tells us a bunch of lies, we keep visits brief, even if we’re 100% sure she’s lying, we don’t mention it, we smile, we make nice.

We always go together, and we always have a premade excuse for when it’s time to go, along with a code phrase that means this is it, it’s all I can take, and it’s time to go.

We don’t ever say anything that will upset her or ‘get her started’. We warn each other if we know she’s about to call. We joke sometimes about the best time to talk to my mom.

The joke isn’t really funny, but maybe it will give you some insight…

First thing in the morning, she’s had no liquor, so she’s nasty! Then she has a few drinks, and she mellows out some, and she’s ok to deal with for awhile, if you catch her at just the right time, she might even be ‘nice’.

Then she’s had to much…

I don’t know how to explain 30 years of my mom believe me, but she’s probably undiagnosed bipolar, she’s abusive and mean and hurtful, but also really charismatic if that makes sense at all.

I’ve watched her say the meanest things to her friends, tell them they’re no good for nothing users, and to get the ‘f’ out of her house, and then they show right back up the next day..

Both of my parents are actually alcoholics, let’s get that right out there… I’m not insinuating anywhere in this letter that my dad is a clean and sober saint, in fact, he’s a binge drinker.

He can go months at a time sober, just like he can go months at a time drunk.

So I don’t want to give you the idea that I am saying that my dad is innocent, he’s just not violent towards people like my mom. He doesn’t ever hurt people on purpose.

In my moms restraining order by the way she mentions that my dad took an axe to ‘her’ camera. It’s true, he did.

She came home with another man, and he axed her car. The part that’s missing is that she also did the same thing to his car several years before, see the police that came explained to my dad that no matter who’s car it is, it’s both of their car, and that there was nothing they could do. . . Probably to much information.

There’s also mention of a fire my dad started while he was drunk.. My mom said in court that dad started the fire, a kitchen fire, and that she ended up running out the door naked to a neighbors house..

She doesn’t mention that she was there, she was drunk, she was equally responsible for the fire, though it was he that was cooking.

They were frying something, then they laid down for a nap. They called us hours later telling us the house was burned down. The siding melted a bit on the front porch, and the walls were covered in soot, for the most part though, for not having fire insurance, they were really really lucky.

She doesn’t mention the third degree burns he had on his butt from sitting on the porch with a garden hose saving their house, or that he put new drywall up in the living room, repainted and cut out a window from the dining room to the living room to make the house seem a little bigger.

That window was fuel for many an argument, it was a ‘surprise’ for her, she really doesn’t do well with surprises. As a matter of fact she HATED every Christmas present he ever bought her.

She told him that, every year, what an idiot he was, etc etc. He bought foot baths, massagers, a juicer, a house robe, jeans, perfume.. A plethora of random presents all of which she hated.

All of her life she wanted flowers delivered, he never tried that. Go figure. I finally sent her flowers a couple years ago, not the same, but we try.

He shopped for the family this year, that’s usually her job. He put so much thought into it and he was so nervous! It tugged at my heart how nervous he was that we’d all like what he got, that he wouldn’t screw up Christmas. It was sweet really.

The good news is he had a great time doing it, and everyone loved what they got for Christmas, we wouldn’t have told him if we hadn’t though.

We’ve developed our own set of rules for being family. We have a group moreso, there’s myself and my sister, 2 best friends, collective men and children.

Holiday dinners never start at any specific time, it’s strictly forbidden in our family.

I think the stress of getting them done on time was to much for my mom, so we just did away with that stressfull little detail.

If by chance the turkey is done an hour before the mashed potatoes, well that happens. You have either the option of nuking the turkey, or eating your dinner in courses.

All family gatherings are super casual. We hated holidays as kids, they were super scary. Now we love them, and each other, and they’re peaceful.

My parents are nearing sixty, so the past is pretty much behind us. If my mom gets belligerent or embarrassing, we just distance ourselves from her.

It wasn’t always that easy though. We were taught as kids that what happened at home stayed there. My family is all pretty sure I was born addicted to something, because I gave myself a hernia crying, and pretty much didn’t stop for a year.

Dad says my mom was on barbiturates, so there you have it.

My mom couldn’t handle the crying so I live first with my dads ex wife, and then with my uncle until I was three.

I can remember coming home from kindergarten once, getting into trouble, and hiding from my mom under the table, she hit me with a broom until I came out.

Later in middle school, the teachers and team leaders knew there was something wrong, but they didn’t know what, and I knew better than to tell them. My eyes were red, that’s how they knew, or how they told me they knew.

I spent 1 period a day with the team leader for a semester, she even brought in other abused kids in effort to get me to make friends with them.

I went to school with a black eye when I was 13, my friend and I decided to run away. We were actually gone a few weeks, until we decided to turn ourselves in. Even though I called the police, told them about my mom, and that we’d run away, I was taken in for a curfew violation, and returned promptly to my parents.
 
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GRRRatTheJudge

Junior Member
My moms ex husband is a police officer though, and he was there, so that might have had something to do with that.

My now-daughters aunt watched my mom hit me, black my eyes, etc, she’d stand there quietly, and we’d run out together as soon as my mom turned around, she’d take me home with her, where I’d stay a week or two.

My mom would throw me out of the house pretty often too, by the time I was a teenager it was pretty much a daily thing.. If we argued there was a pretty good chance I was getting ‘one way bus fare’. She’d give me bus fare to get to school, but not to get home.

Oddly, that usually meant I was getting one bus ticket, and $2 for lunch. Generally, I spent a few cents on milk, and saved part of the $2 for bus fare to wherever after school.

A friends house, my uncles, my cousins. My uncle had custody of me off and on, my cousins too, they’re a lot older than me.

I lived through black eyes, and yelling, and drunkenness, and craziness, not the worst that’s out there, but not the best.

Ha, I remember once considering calling CSD, my behind was all bloody from a leather belt, but.. I was mortified with the idea of having to show them my rear, so I never did.

My dad used to worry so much when I wasn’t home, my mom always told him I’d run away, and I think for the most part for many years he believed her.

I was a virgin with a yeast infection when she drunkenly called all of my friends and told them I was a slut with an STD. My cousin tried explaining to her that you didn’t have to have sex to get a yeast infection, she never even bought the medicine for it.

Anyway, my dad told me once that he’d gone through the neighborhood on his bike yelling my name until he didn’t have a voice, he said he’d cried, and he made me promise never to leave without telling him where I was again.

So one day when my mom made me leave, I walked to the neighbors house and told her what had happened, and that I was going to a friends house.

When my dad got home from work, he and my mom came to get me, my little sister was with them.

My dad came to the door and I came outside, I thought we were going to walk the few blocks home, until I saw the truck, dad didn’t drive back then (10 y/o DUI that he’d never taken care of).

I refused to get into the truck with my mom, if she was drunk and mean when I left, she was REALLY drunk and mean by now..

My dad and I walked home. It turned out that the neighbor didn’t tell him where I’d gone, and again he had worried, and searched before going to my friends later after he talked to the neighbor.

He hugged me and told me how worried he was. My mom came in while he was hugging me, and she mouthed the word bitch behind his back, and I started crying more. He asked her what she’d done, and he said she didn’t do anything, so he turned back, and she’d flip me off, or mouth the word again, or stick her tongue out.

All of these crazy mean things that moms just don’t do.. And I just cried, I didn’t tell my dad what she was doing, but he knew she was doing something.

Every night my parents went through at least a fifth, usually 2 fifths or a half gallon and a fifth. Every night they argued over who drank more than their share.

My dad drank as much, and probably more than my mom, the difference is that he’s a happy sloppy drunk and she’s a mean vindictive drunk.

This letter is already much longer than it was intended to be, I wasn’t sure you’d read it at all, so I’ll try to tie this up before it’s just to long to read.

I went to job corps when I was 16, I got married when I was 17 (in Washington).

I went to the house one day and watched my mom reduce my sister to tears in front of a house full of people, I told my sister to come with me, we were leaving.

The truck I was driving was my dads, so it was legally their’s, my mom ran down the street screaming that she’d call the truck in stolen if we didn’t stop, we couldn’t just walk away while she was talking, etc. etc.

That’s when my sister moved ‘in with me’. We struggled for the first few years.

I knew nothing about budgeting, or being a wife or a grown up, we got evicted, we learned to be adults.

My sister could have gone home anytime, but chose to live with my in my mother in law’s garage instead of at home in her bedroom.

When I took her that day she told me she had to go back, that my parents needed her to take care of them.

It took some time before she realized things should work the other way.

During one of those times when we’d been evicted, I went to stay with my mom. She invited us there, and we weren’t really sure what to do. It seemed like all that stuff from the past was so far away..

We were there about a week.. My daughter was about 3 years old when I heard some very familiar words…

“You’re ruining my marriage!” I don’t even remember what she was talking about, or maybe I never knew, I just knew she was drunk and telling my daughter that she was ruining her marriage.

I ran down the steps to get my daughter and I couldn’t find her. I searched everywhere downstairs for her, but she was gone. My moms door was locked, and I beat on the door over and over, asking her if my daughter was there.. She just kept crying, saying leave her a lone.

I was so scared, scared to call the police, because my mom nearly always had drugs in the house, scared not to because I couldn’t find her..

I finally heard her hiccup. She was hiding behind a rocking chair, with bruises on her arm. My mom had grabbed her and said those mean things to her. It was my fault too, I brought her there.

I didn’t even wait for my husband to come from work, I just packed my kids up in my car and took them to my mother in laws. She didn’t like me to much, but she loved my kids, and she didn’t drink.

My husband doesn’t drink either. I actually do drink, but very very rarely.

My dad’s still an alcoholic, so’s my mom. She’s a flight attendant, they’re aloud to take water bottles on flights with them, and you’d be flabbergasted if you knew how many of those water bottles were full of vodka.

My mom verbally abuses her friends and the occasional bar tender, and the rest of us are almost free from her. Oddly we don’t want her to grow old alone, we’d actually like to come out of this divorce with a mom… in small doses.

I guess I didn’t really go into to much detail about my moms abuse of my father.

So dad always worked, for the first 25 years of my life he had a job or two. Mom stayed home with us, in all fairness she cooked dinner from scratch every night. We never ate tv dinners we VERY rarely ate out.

“Out” was McDonalds, and we visited there less than 20 times in my life. I don’t think that was that uncommon during that time though. My half sister had D.Q almost nightly, I remembered thinking that was great, and weird.

Dad signed his paycheck over to my mom every week. She cashed it at a bar in NE that was at that time called the table. My mom and dad lived super broke, which is really sad because they weren’t.

They thought they were, but my dad made about $25 an hour back then, which is really good money for the time, in fact, he makes less than that now.

My mom drinks Jack Daniels in her coffee every morning, back then she had that drink at the Table. Then she came home, cleaned house, and went back to the bar.

Many of their very frequent arguments were due to the fact that she was ‘unfairly’ drunk before he got home from work.

My dad got $20 a week in allowance, and 2 sandwiches and a hostess pie for lunch. $75 a week went to my half sister for child support.

The rent on the house they now own was about 200 (The current mortgage is $308). We had a phone and water and electricity.

Once my dad came home soooo proud, he’d bought an $8 hedge trimmer at a garage sale. My uncles were there. My mom lambasted him in front of them, telling him he’d better march that hedge trimmer back to that yard sale or starve all week.

When she was mad she’d attack him, slap, punch, etc, and then she’d cry.

If she got mad at a neighbor, she cussed them out, and then she went to the bathroom and she cried.

She once dumped a plate of food on the head of the owner of the Table, because he embarrassed her telling her a buffet she’d been invited to was employee’s only. In fairness, my dad was really proud of her for that.

She threw more drinks in his face when she was mad than I can remember.

My dad did spank us, he just didn’t beat us. He doesn’t really yell when he’s mad either. He did break things though.

Not super often, but he did do it. When my mom got mad, that was an excuse to blow all the money they had, bill money, rent money, whole paychecks, etc.

We’d go to the coast and hang out there with her friends for a few days. It was actually a blast, my mom was a lot of fun when she was getting revenge by spending the money. So was spending the money. We were always a little sad that my dad didn’t know where we were, but it never dawned on us to call and tell him either.

While we were gone, dad broke things.

The house would usually be ransacked before we got back. Broken dishes, broken things, a mess.

There was a cupboard that lved in the living room that was always full of junk, tons of paper and junk, that’d always be dumped everywhere.

The 2 junk drawers from the kitchen would be emptied everywhere..

I don’t know why they stayed married. My mom took money from men for sex, she took me and my sister with her to sleep with men, they argued, they never were great for each other.

It’s sad that they put up with 30 years of each other’s bs, and then just when they oughta get old enough to settle down they broke up honestly.

My mom demeaned my dad for years, usually he was to drunk to care I guess.
,,,,,,,,,,,
 

GRRRatTheJudge

Junior Member
He didn’t abuse her, she hit him, but he was big and strong, and I don’t think he’d call it abuse. Their generation didn’t seem to think the way we do now. Men didn’t hit women, no matter what, and that was that.
My mom separated my dad from all of his friends. In some way or other throughout the years all of them offended her and were barred from the house.

Some change was missing, they must of taken it? My mom once called my gramma looking for my dad.. My grandma said she hadn’t seen him, it was a lie, she had seen him.

He was there.

My mom didn’t speak to my grandma for 15 years after that, until my grampa’s funeral.

Anyway, I’m so mad at our court system, because although it was just a moment of your day, and you heard the same sort of case you hear day after day, my dad’s life is changed for at least a year.

My mom controls his home, where she didn’t live, because he let her in when she said she had nowhere to go.

During their last restraining order proceedings, she even admits she slapped him, but she still won.

It’s confusing, and it’s frustrating. I don’t know what to do about it, expect to try to help you see….

I can’t change what is happening between my parents. My mom has a plan for getting more than half of the house and my dads $700 a month retirement, and ya’know what, she probably will. That’s that, and I don’t know what to do with it.

But in the meantime there are women that need protection, and there are men that need protection. And there are people that need protection from the people that use the system as a weapon.
My dad’s fine, emotionally he’s not fine, but he’s living with my sister where he’ll probably wake up less depressed and lonely, the loss of his house feels so unfair to him, knowing that she took his dads guitar and that’s it, that has to feel horrible.

He’s worried about his guitar collection, his tools for work, and his trunk of special things his mom put together for him.

Aside from that, no one’s in the house, and that’s probably ok. He shouldn’t have been ordered to leave his home though, that was unfair. Both lawyers were flabbergasted by your ruling, so was I.

It wasn’t just unfair to him. It was unfair to my sister and I. I had to sit in that chair, directly across from my mom, and watch her stare into me, hear her sigh’s and feel like I was that little kid again, and I don’t even think you heard me.

I was told that I would only be testifying about the one phone call that was relevant. When she told me she had no intention of ever living in that house again, yet the lawyer asked me so many other things, she asked about the ‘abuse’, well I wasn’t prepared to talk about the lies my mom told, or ready to tell anyone about the things that my mom has done over the years.

My dad’s lawyer didn’t even know to call my sister, because he’d not been prepared for you to allow any testimony about anything other than whether or not she planned to live in the house.

It seemed a lot like you twisted some laws around to a very feminist point of view, it wasn’t fair, and I don’t know how to stop being angry about it.
The End - ha, it was even to long to post :p
 

Ohiogal

Queen Bee
seriously the judge is NOT going to read that nor is the judge going to care about what you write.
 

LdiJ

Senior Member
The judge likely won't even know that you wrote the letter. Judges are not supposed to read letters like that and their clerks normally toss them before the judge even sees them.
 

mistoffolees

Senior Member
seriously the judge is NOT going to read that nor is the judge going to care about what you write.
And, even if the judge did happen to see it and care, he couldn't do anything, anyway. A judge can't simply decide to reopen a settled case.

If there were new information that came to light that proved that a previous decision was in error, your FATHER (not you) would have to file with the court for a new hearing. At that point, your testimony would be relevant.

However, there are a lot of problems with the scenario:

1. Courts don't like to reopen cases at all.
2. This isn't really new information. Your father had it at the time of the original trial (or should have), so there are no grounds to reopen.
3. Even if you disagree with the decision, you have no say in it. If your father has a question, HE can open an account here and ask it.
4. Presumably, if the wife was awarded the house, when the property division was done, your father got his share of the equity, so it would be hard to show that any damage was done. Courts are not generally interested in stuff like "but I really liked the house so I'd like to have it".

Your father had an attorney and presumably knows things that you don't know about the situation, so it's quite likely that there are important details you've left out.

Drop it and move on with your life.
 

GRRRatTheJudge

Junior Member
Thanks you guys for your replies. Obviously I was pretty sure I'd written the letter rather in vein, or I'd have mailed it instead of googling for the rules about sending the letter, and finding this forum.

So even though I hate what ya said, thanks.

:)

All except for mistoffolees of course. Equity? In a restraining order hearing? Lol. Anyway...

And as for joining a public forum and asking for advice.. I'm pretty sure I can do that, I don't think my Dad has to learn to use the internet today, it'll be ok....

Moving on.. Does anyone know of any agency, or group that openly fights the sexism in these hearings? Professionally? I was able to find one petition, it was poorly written and full of spelling errors and typos.

Restraining orders more and more are glorified eviction notices. A girlfriend I've known for years recently painted her own eye black, and went to court and got custody of her boyfriends house. He bought the house so she could move in with him with her son.

While he was in jail overnight (she had no visible marks then) but did say he hit her. She began selling his things, his computers, his clothes, etc.

She's vandalized his car, she texts him every few minutes from various telephone numbers.

The judges are blind to conniving women, it's horrible. If you can't even say Hey Open Your Eyes, then how to they get those blinders off?
 

LdiJ

Senior Member
Thanks you guys for your replies. Obviously I was pretty sure I'd written the letter rather in vein, or I'd have mailed it instead of googling for the rules about sending the letter, and finding this forum.

So even though I hate what ya said, thanks.

:)

All except for mistoffolees of course. Equity? In a restraining order hearing? Lol. Anyway...

And as for joining a public forum and asking for advice.. I'm pretty sure I can do that, I don't think my Dad has to learn to use the internet today, it'll be ok....

Moving on.. Does anyone know of any agency, or group that openly fights the sexism in these hearings? Professionally? I was able to find one petition, it was poorly written and full of spelling errors and typos.

Restraining orders more and more are glorified eviction notices. A girlfriend I've known for years recently painted her own eye black, and went to court and got custody of her boyfriends house. He bought the house so she could move in with him with her son.

While he was in jail overnight (she had no visible marks then) but did say he hit her. She began selling his things, his computers, his clothes, etc.

She's vandalized his car, she texts him every few minutes from various telephone numbers.

The judges are blind to conniving women, it's horrible. If you can't even say Hey Open Your Eyes, then how to they get those blinders off?
You know...there are just as many manipulative, conniving men as there are women. And sometimes the only reason why they get away with it is because the other party doesn't have proper representation.
 

mistoffolees

Senior Member
Thanks you guys for your replies. Obviously I was pretty sure I'd written the letter rather in vein, or I'd have mailed it instead of googling for the rules about sending the letter, and finding this forum.

So even though I hate what ya said, thanks.

:)

All except for mistoffolees of course. Equity? In a restraining order hearing? Lol. Anyway...

And as for joining a public forum and asking for advice.. I'm pretty sure I can do that, I don't think my Dad has to learn to use the internet today, it'll be ok....

Moving on.. Does anyone know of any agency, or group that openly fights the sexism in these hearings? Professionally? I was able to find one petition, it was poorly written and full of spelling errors and typos.

Restraining orders more and more are glorified eviction notices. A girlfriend I've known for years recently painted her own eye black, and went to court and got custody of her boyfriends house. He bought the house so she could move in with him with her son.

While he was in jail overnight (she had no visible marks then) but did say he hit her. She began selling his things, his computers, his clothes, etc.

She's vandalized his car, she texts him every few minutes from various telephone numbers.

The judges are blind to conniving women, it's horrible. If you can't even say Hey Open Your Eyes, then how to they get those blinders off?

You're free to join a public forum and ask for advice IF YOU FOLLOW THE RULES OF THE FORUM. One of the rules of this forum is that no one should be posting for someone else. The reason is that third parties almost never have all of the information and the information they have may be incorrect. Then, they have to transfer the amswer back to the person with the problem and it can get distorted again. Think of the old kids' game 'Telephone'. You may not like it, but that's one of the rules of this forum. If you want a forum with different rules, create your own.

You're also apparently completely confused about what equity is. In the context I was using it, it means the value of the home minus the debt on the home. It has nothing to do with fairness (which is how you want to use it).

The system isn't perfect, but you and Bali seem to be the only people who thinks that it's inherently biased. It's not.

There are conniving people of both sexes. Assuming that only women try to cheat the system calls your own rationality into question.

As for my suggestion to drop it and move on with your life, your father and his attorney both felt the same way - according to your first post "Dads lawyer says there's no point in appealing..". I suspect that the attorney and your father know a bit more about what's actually occurring than you do. They also are apparently mature enough to avoid beating a dead horse.

My advice is the same - it's not your battle, so keep your nose out of others' affairs and live your own life.
 

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