Unsubstantiated accusations in California

[bluez956]

2 years ago my ex-spouse filed for a TRO which then became a standing 3 year order. Not one of her claims of abuse can be sub-
stantiated. There is no history anywhere of abuse. Her sole reason for the RO was purely political. She did it because she could. Unfortunately, I did not retain an attorney who knew what all my options were or wasn't representing me with my best interests concerned. Consequently, in the past 2 years I have missed every event either of my kids were involved in, to and including my oldest graduating from high school this past June. I still can't believe someone could be so selfish and maniacal to deprive her child the prescence of her child's Father at a once in a lifetime event. I refuse to let the rest of my youngest's child's youth pass me by without being a part of it.
With the present U.S. and World situation, I am attempting to have the order modified on the grounds that the order is in direct violation of the Second amendment to U.S. Constituition.
What if any are my chances of succeeding with a modification?
Any suggestions on how to proceed with a Civil suit if I'm not?

 

[grandpabri]

ummm, what does the second amendment have to do with this?

Or the current US and world situation?

Go down to your local courthouse and file a motion to vacate the protective order. Assuming that you have not been stalking or harrassing, have completed your DV classes and any other classes you may have been ordered to do, you might be able to get this done.

Otherwise, you will probably be laughed out of court.

Good Luck

 

[bluez956]

Second Amendment reply

The Second Amendment reads: “A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed.”

Terms of the Restraining Order state that I cannot have posession
of a firearm or face jailtime if found to be in contempt.

My Constituitional right to posess a firearm is being infringed upon
by the Superior Court of California. I do not care about owning or
posessing a firearm. I care about someone or something telling me I will go to jail if I do. All because of something someone said "might" happen. Mind you nothing has ever happened. There is not any history of anything ever happening, anytime, anywhere, ever. Only what someone has said "might" happen. So, to make sure I "don't" do something someone said I "might" do, the court imposes certain sanctions on my life, one of them being my right to posess a firearm. Which according to the Second Amendment to the Constituition is a right that "is" being infringed upon.

I have absolutely no idea who you are. However, if you lived in the State of California, and I wanted to "screw up" your life forever, I could go down to the local courthouse, make up some
story about you trying to do something to me, give them a name of someone who will testify in court that you did what I said you had done, and you will be in the system for the rest of your natural life as a " Domestic Violence" offender. Period! Your name
and Domestic Violence will now be linked together until you DIE!

And yes, I do laugh every time I think about it. And probably will, for the rest of my life! Why shouldn't I? My ex-wife is.

 

[grandpabri]

Now, this certainly isn't the place for a debate on the second amendment. I will simply tell you that according to most constitutional scholars, your arguement will not stand up in court.

BTW, I am in California, and have been accused of DV. Luckily, the police report said that no aggressor could be determined and all charges were dropped. I could have lost my right to practice my chosen profession. I got lucky.

My advice to you is to do what the court tells you to do. Then go back and tell them you have done your penance and could I see my children again. This, IMHO, will be a much more productive couse of action. I am not saying it is the right one, just the most productive.

 

[bluez956]

Just planting a seed Grandpabri

I appreciate the opinion and advice. However, the OSC I filed has more to do with some blatant in your face issues concerning
my ex-spouse, than it has to do with the DVP RO and the Constituition. I stuck it in there more for the purpose of hoping it
will open a few peepers and raise some eyebrows.

I wish I could say that this whole thing was as easy as taking a swing at my ex or actually popping her one. I became a statistic like so many thousands of other men in this gender biased travesty of a court system. I got sucker punched by a middle aged BWB (short for bitter whining b**ch) ex-wife and her middle aged BWB attorney! I underestimated the BWB. Consequently I'll be paying for my naivety for the rest of my life! If I / you had a couple of hours of free time I would elaborate for you. For now I will just hope the judge will want to know why my ex lied in his court. And hopefully impose a few sanctions on her. If I can get the judge to open his eyes to this lie the seed will have been planted that she is not beyond lying in court Then it's just a matter of presenting hard evidence and she'll have hung herself! I do have to give her credit for one thing though, picking the right attorney and then manipulate the sytem like they did.

 

[grandpabri]

Well, good luck, but I am losing faith in the family court system.

I am the custodial parent, but from the actions of the judge, you would think it is the other way around.

I have brought up things that attorneys say she should be sanctioned for, and I end up getting chewed out by the judge for bringing them up in the first place.

Good Luck to you.

 

[bluez956]

I feel the same way Grandpabri

Thanks for the words of encouragement. I do have delusions
of grandeur on this situation, but I am a realist and I understand
I have (2) chances on this. Slim and none. And Slim went home a
long time ago. I too lost faith in the system many moons ago. I
still like to think that I can do something that will make a difference. But even if it's only (1) thing, it will be a victory for each and every single father in the state. And that's positive step
in the right direction. Oh I almost forgot. WE DON'T EVEN WANT
TO GET STARTED ON THE FAMILY COURT SERVICES SUBJECT. Those people singlehandedly stripped away any opportunity for
a relationship with my 14 yr. old daughter. Their accountability
is non-existent. What a travesty on the future of our relationships with our children.

Good luck and Take care!

 

[Axle]

TTT

Wow, another citizen being sanctioned as a felon.