Removing Kids

[Just Blue]

I have had the great blessing of never having been abused, for which I am grateful to God.

Unfortunately, I didn't understand the various types of abuse, as you yet do not understand.

Fortunately for everyone here, my very good friend Blue Meanie wrote me and explained many things about the topic, for which I am grateful to her. It made me a better person and a better advisor.

Really, Bali. Have some compassion. Do some reading and learning.

Thank You Siverdear! What a sweet thing to say...
Yes...There is many kinds of nasty and, sadly, the worst does not involve marks.

The worry about what COULD happen as opposed to what WILL happen can be ...a huge issue. It just makes one "walk on egg-shells". And makes one nervous.

 

[Ladyback1]

Thank You Siverdear! What a sweet thing to say...
Yes...There is many kinds of nasty and, sadly, the worst does not involve marks.

The worry about what COULD happen as opposed to what WILL happen can be ...a huge issue. It just makes one "walk on egg-shells". And makes one nervous.

When my Ex tried to expunge his domestic assault conviction, I was in the courtroom. The judge looked at my Ex and told him "whatever physical damage you inflicted on her will most likely heal over time, however, the pure unadulterated fear that you caused her will take a lot longer to heal. I can look in her eyes and see that she is still a little afraid of you---and you are divorced. No, Mr. Ex, I will not entertain your request to expunge this from your record." At that point in time, the Judge was a very wise and common sense judge! I have to assume he's still the same---I have not been in front of him again!

My Ex berated, belittled and threatened me (by threatening my parents, sisters, niece, etc. and taking away my children) all in an effort to "keep" me in my place, and as I later found out, to cover his own misdeeds.

 

[OHRoadwarrior]

Do ya'll have colds? Your voices are positively....drooling.....

 

[Bali Hai]

When my Ex tried to expunge his domestic assault conviction, I was in the courtroom. The judge looked at my Ex and told him "whatever physical damage you inflicted on her will most likely heal over time, however, the pure unadulterated fear that you caused her will take a lot longer to heal. I can look in her eyes and see that she is still a little afraid of you---and you are divorced. No, Mr. Ex, I will not entertain your request to expunge this from your record." At that point in time, the Judge was a very wise and common sense judge! I have to assume he's still the same---I have not been in front of him again!

My Ex berated, belittled and threatened me (by threatening my parents, sisters, niece, etc. and taking away my children) all in an effort to "keep" me in my place, and as I later found out, to cover his own misdeeds.

Problem:

The judge is performing an evaluation in a field for which he has no expertise. Does he have a degree in the proper field to make that expert determination? Or, is he is making a decision based on a gut feeling he gets from someone that could be a very good actor.

Do we really want judges to have this kind of power?

Not saying you were faking, just saying that a judge should rely on an expert to make that determination and not his gut feeling to make a crucial life decision for someone else.

 

[Just Blue]

Problem:

The judge is performing an evaluation in a field for which he has no expertise. Does he have a degree in the proper field to make that expert determination? Or, is he is making a decision based on a gut feeling he gets from someone that could be a very good actor.

Do we really want judges to have this kind of power?

Not saying you were faking, just saying that a judge should rely on an expert to make that determination and not his gut feeling to make a crucial life decision for someone else.

Bali...As this was an EXPUNGMENT HEARING the JUDGE was within his/her "rights" to deny the request. The "man" had already been CONVICTED. Does not take a great stretch of the imagination to see the victim as still scared. IMHO.

 

[Bali Hai]

Bali...As this was an EXPUNGMENT HEARING the JUDGE was within his/her "rights" to deny the request. The "man" had already been CONVICTED. Does not take a great stretch of the imagination to see the victim as still scared. IMHO.

Not saying the judge did not have the "right" to deny. The denial was predicated on a statement the judge himself made professing to be an expert for which he clearly was not. Was the decision lawfull? Yes. Should the conditions under which the judge made that lawfull decision be changed? YES.

Yes, in the judges "imagination" a crucial life decision for someone else was made.

You have a great holiday.

 

[LdiJ]

Not saying the judge did not have the "right" to deny. The denial was predicated on a statement the judge himself made professing to be an expert for which he clearly was not. Was the decision lawfull? Yes. Should the conditions under which the judge made that lawfull decision be changed? YES.

Yes, in the judges "imagination" a crucial life decision for someone else was made.

You have a great holiday.

Bali...I don't think that you understand what is being said.

No one has the right to have their crimes expunged. Its always up to the judge to determine whether or not they think that it should be expunged. I think its highly unlikely that a judge would ever grant an expungement to someone who committed domestic violence. Its immaterial that the victim was still afraid of him.

 

[Bali Hai]

Bali...I don't think that you understand what is being said.

No one has the right to have their crimes expunged. Its always up to the judge to determine whether or not they think that it should be expunged. I think its highly unlikely that a judge would ever grant an expungement to someone who committed domestic violence. Its immaterial that the victim was still afraid of him.

Why did the judge even entertain the motion to expunge in the first place then?

I agree, to get a conviction expunged is usually when convicted as a minor, the record sealed and a request to get it expunged would come at a later date if no further criminal activity.

 

[LdiJ]

Why did the judge even entertain the motion to expunge in the first place then?

I agree, to get a conviction expunged is usually when convicted as a minor, the record sealed and a request to get it expunged would come at a later date if no further criminal activity.

The judge had to address it because a motion was filed. It sounds to me like the judge never entertained it at all.

 

[Bali Hai]

The judge had to address it because a motion was filed. It sounds to me like the judge never entertained it at all.

I'm sure the motion had some case law history researched by the attorney and viewed as possibly successful relative to similiar cases. You don't go into court convicted of first degree murder and on death row asking for expungement of the record. Would a judge even have to hear that motion?

We're not getting the whole story here other than a judge played psychiatrist and denied the motion.

 

[LdiJ]

I'm sure the motion had some case law history researched by the attorney and viewed as possibly successful relative to similiar cases. You don't go into court convicted of first degree murder and on death row asking for expungement of the record. Would a judge even have to hear that motion?

We're not getting the whole story here other than a judge played psychiatrist and denied the motion.

I am sure that the judge could have ruled on the motion without having a hearing, but its fairly rare for judges to do that.

 

[ecmst12]

And we have yet another thread hijacked by Bali.

 

[Bali Hai]

And we have yet another thread hijacked by Bali.

I suggest you read the whole thread before adding your two cents and pinning the whole hijack on me.

You have a wonderful holiday.

 

[stealth2]

We're not getting the whole story here other than a judge played psychiatrist and denied the motion.

But none of this has anything to do w/OP's post...

 

[Proserpina]

But none of this has anything to do w/OP's post...

Does it ever?