My question involves child abuse or neglect in the State of: Florida
PART 2
There have been hundreds of incidents where I have attempted to call, text message or communicate with our child and he would not answer his phone or respond to voicemail and text messages.
After each failed attempt to call our child, I would contact his mother via text message to advise her I was trying to our child. The vast majority of the text messages to her are simply ignored. On other occasions the responses from the respondent routinely vary from, “It’s not my responsibility”, “He left his phone at home”, “His phone battery was dead” or “He spent the night at his friend’s house.” The respondent has made false allegations against me in the past and I would rather not call her phone to talk to my son because I cannot preserve that conversation in the event another false allegation is made.
The respondent is fully aware that I call almost every night at the same times just to hear his voice, ask him how his day was, to tell him I love him and to tell him good night. The average duration of the calls last approximately two minutes or less. The respondent is well aware of the times I call and that I will call him daily. I have notified her via text messages in an attempt to reason with her regarding this. The volume of those calls that are unanswered and the constant requests to his mother to be able to talk to our son gives the impression that the reason the child does not answer his phone is because he doesn’t like his father or the child is being led to believe his father does not care to talk to him. The respondent has text messaged me on occasions advising me that she was going to turn off his phone.
During my time sharing, I ensure our son’s phone is with him. I ask him often if he had spoken to his mother on those days. If he indicated he has not spoken to her, I suggest to him that he call her just so that they can hear each other’s voice.
f. Section 5.4; Informed Whereabouts, The respondent has failed and refused to keep me informed as to the whereabouts of our child with respect to overnight visits with relatives or friends. To wit;
On many, many occasions when I have called to talk to our son, the respondent has advised me that our child was out of town and was not with her. In instances regarding our son being away from her overnight, I was not consulted with, notified nor was I provided with any information as to whom he was with, the location of or when our child would be returning. I have no issue with our child spending the night anywhere or going anywhere with anyone. It is important to the development of our child to have friends and to go places with those friends and/or other family members. I would simply like to be informed so that when I try to call him and he does not answer, I know there is a reason why.
g. Section 5.5; No activity that endangers the child, The respondent is questioning the child about me. To wit;
There have been several incidents where the respondent admitted via a text message that she questioned and discussed adult matters with our child. She has even admitted via text messages that she shows our child the text messages between us because I did not comply with her demands. It is evident from her text messages that she questions him. Recently, she texted me informing me that our child does not like the activities we do together, that I leave my fiancée at home by herself with our child and that we are having personal problems. I do not communicate with the respondent about my personal life and I do not communicate with her about activities when our child is with me. The statements the respondent made about my fiancée, our child is completely untrue and false. It has absolutely nothing to do with the respondent and text messages are evidence to her questioning out child. Those text messages to me from the respondent are implying that our child does not like his father. Our child has never spontaneously made statements about the respondent when he was with us and I do not question him about her. Exh
h. Section 5.10; No Disparagement of Other Parent, The respondent is making disparaging comments about the other parent to the child or while in the presence of the child. To wit;
On October 31, 2015, the respondent refused to allow me my scheduled time sharing with our son. She knew I had arrived to pick him up at 9:00 AM and was sitting outside her home waiting on him. She knew I was filing a police report and then going home as we had plans. I contacted the Union County Sheriff’s Office and met with Deputy John Riggs who advised me that it was a civil matter. I then went home. Several hours afterwards, the respondent drove to my residence with our child in the front seat. I was standing in my driveway where she stopped momentarily and stated to me, “I got your ass.” She then drove away, turned around and stopped in front of my apartment. She began video recording me while yelling something to the effect of, “Here is your son! Do you want him? Here he is!” “You didn’t want to see him and you never do. So why now?” “I thought you were going somewhere! Do you want your child? Here he is!” I asked her numerous times to stop acting out in front of him. Our child was visibly upset and crying. I begged her to stop many times and she just sat there continuously yelling and screaming at me. I asked my fiancée to contact the Alachua County Sheriff’s Office to respond and advised the respondent of such hoping that would get her to stop and let our child out of the vehicle. It did not and she continued where I ended up walking inside to deescalate the incident and protect our child from having to sit and experience her actions. I told the respondent that I was going inside to stop the argument and that I would wait for the police to arrive. She finally stopped and left without allowing me to have our son for my scheduled time sharing. This incident was captured on video and is evidence as to her actions in the presence of our child. Exhibit: ______________________
Why bring our child to my residence and act like that in his presence? She already told me in a text message she was not letting me have my visitation and would not let our child get out of the vehicle. He was forced by her to sit there and witness her conduct.
i. Section 6.1 – 6.7; Recognition of Childs Rights, The respondents repeated, continual conduct and action shows her clear intent to ignore the rights of our child as ordered by the courts. Even after the petitioner has made countless attempts to make good faith reasoning and compromise with the respondent she continues as if the anguish and disparity she is causing to all involved is a form of control or punishment for not giving in to her demands. The respondent fails to understand that her conduct and actions cause the child to suffer as well. To wit;
The respondent has admitted in a text message that she was raised to act the way she is acting and she knows she is doing is wrong. She has made no effort to change and I am continuously having to repair my relationship with our son. It is causing a great deal of emotional distress to me, my family and the physical symptoms are beginning to appear in our child’s attitude and demeanor when he is with me. He has also become reclusive the majority of the time he is with me. He does not associate with my fiancée or his half-brother and sits in his room playing Xbox or on his phone watching videos. I am at a disadvantage because if I try to correct his behavior or get him out of the house, he gets upset with me. I try to get him to go on bike rides, go to the park or to just go somewhere with me. More times than not, he declines to do anything.
The respondent has made several statements via text messages that my fiancée and his half-brother, “Will never be anything to Drew.” “I don’t give a shit about your baby.” The respondent has sent text messages stating that my fiancée “Has no rights regarding Drew.” The respondent’s actions have caused our child at times to be shrewd towards my fiancée and it has caused her distress as well. When I have to correct his conduct it is greatly counterproductive in trying to repair the relationship between us.
The respondent has recently alienated our son from her immediate family members to include her grandmother, aunt and other blood relatives. The respondent has alienated our son from her friends who our son was very close with and referred to them as “Aunt and Uncle”. Our child has grown up with them and their children. We have been on vacations together and they were involved in the same aspect as blood relatives.
I was recently contacted by the respondent’s great aunt and great grandmother where I was informed they had not seen our child because the respondent was mad at them about something unrelated to the child. They claimed it had been over a year since they saw our child and asked if they could visit with him. I ensured he was able to visit with them and was chastised via text message by the respondent for doing so. The other close family friends had not seen our son since September 2015 and indicated that the respondent was upset with them over something unrelated to the child.
Acting like this and withholding the child from the people he knows and loves is detrimental to the physical wellbeing of the child. It is against the best interests of the child to do so and I have attempted to communicate with the respondent to just allow the child some time with his family. The respondent completely ignored my attempts to reason with her. After our son’s visit she sent a derogatory text message to me about what our child did while he visited with them. I was there for that visit and at no time did anyone do anything she alleged. I did allow them some time alone and departed the residence for approximately one hour. When I arrived to pick him up, he did not inform me of anything as the respondent alleged and they have never treated him in any manner similar to this in the past. The respondent was clearly attempting to lead our child into believing he was being mistreated and ignored.
It is in the best interest of our son to maintain a continual positive and loving relationship with relatives and close family friends and I have ensured that visitation was allowed as the mother refuses to do so. I have inquired with the respondent as to why our child is not allowed to see his family members and those inquiries are also ignored. This alienation of our child is done out of spite when the respondent is upset or mad at them. It is used to cause emotional distress and suffering by all parties being subjected to it. Most importantly our child.
The respondents own actions and statements to me has made it clear that she intends to continue to do as she wishes without taking into consideration the repercussions or damage being done to both myself and our child.
Since September 2014, the respondent has tried to eliminate me from our son’s life. There is a clear time line and her actions clearly define her motive. To wit;
In xxxxx 2014, the respondent sent me a text message to me suggesting I leave Lake Butler, Florida and move to Lake City, Florida because no one in her family liked me or my oldest son. The respondent indicated in her text message that our child would remain with her and I would be able to see him “When it was my time.”
approximately one week later, The respondent’s brother, xxxxxx began following me, harassing me, coming to my home in an aggressive manner looking for the respondent, knowing she was not there. Calling my employer and making false allegations against me. I advised the respondent several times regarding her brothers actions to which she never responded or took action to stop it. It only continued and increased in severity. Each time a police report was filed.
After I advised the respondent of an incident that occurred at a store where he verbally threatened me and wanted to fight, The respondent filed a false police report on xxxxx, 2014 making criminal allegations against me. Two days later the respondent filed a petition for temporary injunction for domestic violence against me. Both the police report and petition were referring to the same alleged event but contained many contradictory details to include,
1. In the sworn police report, the respondent stated the incident occurred at 9:00AM. In the sworn petition, the respondent alleged it occurred at 11:10AM.
2. In the sworn police report the respondent alleged that she noticed me holding my un holstered duty weapon and that I put the magazine in it and chambered a round while holding the weapon downward. In her sworn petition, the respondent alleged I went to the night stand on my side of the bed, picked up my state issued weapon, inserted a magazine into it and chambered a round while facing her direction. She then stated in her petition that I pointed it in her direction. During the injunction hearing her sworn testimony was I never pointed a weapon at her.
3. In the sworn police report, the respondent stated that she exited the bathroom and I began screaming at her. In her sworn petition, the respondent alleged I entered the bathroom and began questioning her.
4. In the police report the respondent claimed at 9:00AM she was preparing to take our child to a pop warner football game when the incident occurred. Our son did have a football game at the XXXXXX County High School football stadium but the game was scheduled for 12:30 PM. Our home is only 2.7 miles away from the stadium and is a 7 minute drive. Why did she need to be getting ready at 9:00 AM to drive 2.7 miles?
5. She was asleep at 9:00 AM and my 15 year old son was awake watching television when I left the home to go to Starke and purchase our son a new under jersey shirt. He could testify as to me not being at the home at the time she alleged in the police report. He was also present in the home when the respondent later alleged the incident occurred at 11:15 AM. He could testify as to my actions for this time as well.
6. The respondent texted me at 11:28 AM to advise me she was at the football field. We drove separate vehicles to the football field. If she was in such fear as she claimed in the police report, why not go straight to the sheriff’s department then? There were two deputy sheriffs at the front gate of the football game. Why not report it to them? Why wait between 6 and 8 hours (depending on which alleged time she swore to)
7. In the sworn police report, the respondent also alleged that I left a weapon out within easy reach of our son. My children could testify that I never left any weapon lying around my home. There were family friends who also frequented my home who could testify to this. I do not own a weapon and my duty weapon has always been stored in a small safe inside my car.
8. The respondent knew I was at the sheriff’s office filing a police report on her brother’s actions. That is when she drove to dispatch and filed the police report. I am employed with the xxxxx, xxxxxxx xxxxxxxx. The police report the respondent filed was faxed to xxxxx unbeknownst to me and I was placed under investigation. Allegations of this nature even when proven to have no merit are damaging to my career in that the allegation was even made and that a police report was faxed to my superiors.
While the motion for injunction for domestic violence was denied, I was not able to cross examine, call witnesses and present my defense to the courts that the respondent made false allegations of domestic violence to both a law enforcement officer and the courts. It is clearly evident when you review the actions the respondent was requesting the courts to take against me when she filed the petition for injunction she was asking the courts to strip me of all my parental rights. I love my children and when an innocent person is faced with the possibility of losing your children, it affects you in ways I cannot explain in words.
The respondent falsely accused me of a criminal act and attempted to use the power of the courts to strip me of my parental rights and obtain full custody of our child. In making false allegations with such contradictory details, the respondent committed more than one crime that will forever go un punished and I had more evidence to support my innocence. It was not “he said, she said” evidence, I had actual witnesses and physical evidence. I have exhausted all avenues for the false allegations to even be investigated by law enforcement. The xxxxx County Sheriff’s office refused to investigate or even accept the evidence I had to offer. I do not understand why certain acts deemed to crimes by Florida Statute crimes can be referred to by a Law Enforcement Agency as a “civil matter.”
The evidence speaks the truth. She has no evidence to provide nor is there any evidence because what she alleged never happened. What she told a law enforcement agency and the courts was a lie. The evidence I have to provide supporting my innocence far outweighs her sole sworn, contradictory statements.
Domestic violence is a serious offense because it causes emotional distress and the true victim to be in a constant state of fear. There is no difference in cases of false allegations of domestic violence and it causes the falsely accused to constantly fear what is going to be said next. To fear that they could lose their job, freedom, way of life and most importantly their children. Being falsely accused of domestic violence is the worst thing in my life I have ever had to experience. The respondent’s continual actions display irrationality, instability and pose a serious risk to the physical and emotional wellbeing of our child and his family.
In xxxxx of 2014, both the respondent and I felt it was in the best interest of our child to unify Christmas gifts. I was initially hesitant because of past incidents where the respondent removed all funds from our joint checking account without my knowledge. The respondent assured me she would purchase our child’s Christmas gifts with any money I provided and would send me photographs of the items purchased. We both put our money together and agreed to what items would be purchased. The respondent was given $400.00 and she purchased the items. The respondent sent digital photographs to me via text message to show the items as she agreed to do. On Christmas day, I text messaged our son to tell him merry Christmas and to ask him what he got from me. The response was uncharacteristic coming from him and I asked him if he got any gifts from me. His response was “No.”
j. Section 8.2; The Marital Home; The respondent was awarded use of the marital home and refused to communicate with me regarding the home being immediately listed for sale. On several occasions the respondent indicated in text messages that she intended to keep the home. My attempts to communicate with her about the home being ordered to be placed up for sale were deemed by her as harassment. It took the respondent over three months to respond to the agreed upon realtor.
k. Section 8.3; The Marital Home; The respondent was awarded use of the marital home and ordered to be responsible for the mortgage, insurance and tax payments. Since xxxxxx 2014, no mortgage, insurance or tax payments were made. The respondent and I both lived in the home until December 2014 and she was provided with my half of the mortgage until she assumed possession of the home on xxxxx, 2014, as ordered in the final judgment. In xxxx of 2015, I became aware of a Lis Plendens on the marital home. I contacted the legal counsel for the suing party and was advised that no mortgage payments had been made since September 1, 2014. The respondent never communicated and in fact refused to communicate with me regarding the marital home. I was not served notice regarding the suit because the respondent had indicated to a service processor that she did not know my whereabouts and had not seen or spoken to me in months. This was intentionally said to the service processor so that I did not find out about the pending court action.
Part 2
I attempted to work through the foreclosure and explore options to stop it. I asked the respondent to allow me to move into the home to make the payments. My attempts to communicate with her about the home were deemed by her as harassment and I was instructed by her not to communicate with her unless it involved our child. She refused to take any action to stop the foreclosure and she never made any mortgage, insurance or tax payments as she agreed and was ordered responsible for. By the time I became aware of the foreclosure action, my credit rating had plummeted and I did not have the means to bring the mortgage current.
The marital home was foreclosed on in May 2016, and the effects of foreclosure has greatly impacted my ability to provide a better quality of life for my children. I do not understand why the respondent chose to intentionally refuse to make those payments knowing the repercussions of foreclosure on a credit rating. The respondent could have taken a different course of action and worked to prevent this.
PART 2
There have been hundreds of incidents where I have attempted to call, text message or communicate with our child and he would not answer his phone or respond to voicemail and text messages.
After each failed attempt to call our child, I would contact his mother via text message to advise her I was trying to our child. The vast majority of the text messages to her are simply ignored. On other occasions the responses from the respondent routinely vary from, “It’s not my responsibility”, “He left his phone at home”, “His phone battery was dead” or “He spent the night at his friend’s house.” The respondent has made false allegations against me in the past and I would rather not call her phone to talk to my son because I cannot preserve that conversation in the event another false allegation is made.
The respondent is fully aware that I call almost every night at the same times just to hear his voice, ask him how his day was, to tell him I love him and to tell him good night. The average duration of the calls last approximately two minutes or less. The respondent is well aware of the times I call and that I will call him daily. I have notified her via text messages in an attempt to reason with her regarding this. The volume of those calls that are unanswered and the constant requests to his mother to be able to talk to our son gives the impression that the reason the child does not answer his phone is because he doesn’t like his father or the child is being led to believe his father does not care to talk to him. The respondent has text messaged me on occasions advising me that she was going to turn off his phone.
During my time sharing, I ensure our son’s phone is with him. I ask him often if he had spoken to his mother on those days. If he indicated he has not spoken to her, I suggest to him that he call her just so that they can hear each other’s voice.
f. Section 5.4; Informed Whereabouts, The respondent has failed and refused to keep me informed as to the whereabouts of our child with respect to overnight visits with relatives or friends. To wit;
On many, many occasions when I have called to talk to our son, the respondent has advised me that our child was out of town and was not with her. In instances regarding our son being away from her overnight, I was not consulted with, notified nor was I provided with any information as to whom he was with, the location of or when our child would be returning. I have no issue with our child spending the night anywhere or going anywhere with anyone. It is important to the development of our child to have friends and to go places with those friends and/or other family members. I would simply like to be informed so that when I try to call him and he does not answer, I know there is a reason why.
g. Section 5.5; No activity that endangers the child, The respondent is questioning the child about me. To wit;
There have been several incidents where the respondent admitted via a text message that she questioned and discussed adult matters with our child. She has even admitted via text messages that she shows our child the text messages between us because I did not comply with her demands. It is evident from her text messages that she questions him. Recently, she texted me informing me that our child does not like the activities we do together, that I leave my fiancée at home by herself with our child and that we are having personal problems. I do not communicate with the respondent about my personal life and I do not communicate with her about activities when our child is with me. The statements the respondent made about my fiancée, our child is completely untrue and false. It has absolutely nothing to do with the respondent and text messages are evidence to her questioning out child. Those text messages to me from the respondent are implying that our child does not like his father. Our child has never spontaneously made statements about the respondent when he was with us and I do not question him about her. Exh
h. Section 5.10; No Disparagement of Other Parent, The respondent is making disparaging comments about the other parent to the child or while in the presence of the child. To wit;
On October 31, 2015, the respondent refused to allow me my scheduled time sharing with our son. She knew I had arrived to pick him up at 9:00 AM and was sitting outside her home waiting on him. She knew I was filing a police report and then going home as we had plans. I contacted the Union County Sheriff’s Office and met with Deputy John Riggs who advised me that it was a civil matter. I then went home. Several hours afterwards, the respondent drove to my residence with our child in the front seat. I was standing in my driveway where she stopped momentarily and stated to me, “I got your ass.” She then drove away, turned around and stopped in front of my apartment. She began video recording me while yelling something to the effect of, “Here is your son! Do you want him? Here he is!” “You didn’t want to see him and you never do. So why now?” “I thought you were going somewhere! Do you want your child? Here he is!” I asked her numerous times to stop acting out in front of him. Our child was visibly upset and crying. I begged her to stop many times and she just sat there continuously yelling and screaming at me. I asked my fiancée to contact the Alachua County Sheriff’s Office to respond and advised the respondent of such hoping that would get her to stop and let our child out of the vehicle. It did not and she continued where I ended up walking inside to deescalate the incident and protect our child from having to sit and experience her actions. I told the respondent that I was going inside to stop the argument and that I would wait for the police to arrive. She finally stopped and left without allowing me to have our son for my scheduled time sharing. This incident was captured on video and is evidence as to her actions in the presence of our child. Exhibit: ______________________
Why bring our child to my residence and act like that in his presence? She already told me in a text message she was not letting me have my visitation and would not let our child get out of the vehicle. He was forced by her to sit there and witness her conduct.
i. Section 6.1 – 6.7; Recognition of Childs Rights, The respondents repeated, continual conduct and action shows her clear intent to ignore the rights of our child as ordered by the courts. Even after the petitioner has made countless attempts to make good faith reasoning and compromise with the respondent she continues as if the anguish and disparity she is causing to all involved is a form of control or punishment for not giving in to her demands. The respondent fails to understand that her conduct and actions cause the child to suffer as well. To wit;
The respondent has admitted in a text message that she was raised to act the way she is acting and she knows she is doing is wrong. She has made no effort to change and I am continuously having to repair my relationship with our son. It is causing a great deal of emotional distress to me, my family and the physical symptoms are beginning to appear in our child’s attitude and demeanor when he is with me. He has also become reclusive the majority of the time he is with me. He does not associate with my fiancée or his half-brother and sits in his room playing Xbox or on his phone watching videos. I am at a disadvantage because if I try to correct his behavior or get him out of the house, he gets upset with me. I try to get him to go on bike rides, go to the park or to just go somewhere with me. More times than not, he declines to do anything.
The respondent has made several statements via text messages that my fiancée and his half-brother, “Will never be anything to Drew.” “I don’t give a shit about your baby.” The respondent has sent text messages stating that my fiancée “Has no rights regarding Drew.” The respondent’s actions have caused our child at times to be shrewd towards my fiancée and it has caused her distress as well. When I have to correct his conduct it is greatly counterproductive in trying to repair the relationship between us.
The respondent has recently alienated our son from her immediate family members to include her grandmother, aunt and other blood relatives. The respondent has alienated our son from her friends who our son was very close with and referred to them as “Aunt and Uncle”. Our child has grown up with them and their children. We have been on vacations together and they were involved in the same aspect as blood relatives.
I was recently contacted by the respondent’s great aunt and great grandmother where I was informed they had not seen our child because the respondent was mad at them about something unrelated to the child. They claimed it had been over a year since they saw our child and asked if they could visit with him. I ensured he was able to visit with them and was chastised via text message by the respondent for doing so. The other close family friends had not seen our son since September 2015 and indicated that the respondent was upset with them over something unrelated to the child.
Acting like this and withholding the child from the people he knows and loves is detrimental to the physical wellbeing of the child. It is against the best interests of the child to do so and I have attempted to communicate with the respondent to just allow the child some time with his family. The respondent completely ignored my attempts to reason with her. After our son’s visit she sent a derogatory text message to me about what our child did while he visited with them. I was there for that visit and at no time did anyone do anything she alleged. I did allow them some time alone and departed the residence for approximately one hour. When I arrived to pick him up, he did not inform me of anything as the respondent alleged and they have never treated him in any manner similar to this in the past. The respondent was clearly attempting to lead our child into believing he was being mistreated and ignored.
It is in the best interest of our son to maintain a continual positive and loving relationship with relatives and close family friends and I have ensured that visitation was allowed as the mother refuses to do so. I have inquired with the respondent as to why our child is not allowed to see his family members and those inquiries are also ignored. This alienation of our child is done out of spite when the respondent is upset or mad at them. It is used to cause emotional distress and suffering by all parties being subjected to it. Most importantly our child.
The respondents own actions and statements to me has made it clear that she intends to continue to do as she wishes without taking into consideration the repercussions or damage being done to both myself and our child.
Since September 2014, the respondent has tried to eliminate me from our son’s life. There is a clear time line and her actions clearly define her motive. To wit;
In xxxxx 2014, the respondent sent me a text message to me suggesting I leave Lake Butler, Florida and move to Lake City, Florida because no one in her family liked me or my oldest son. The respondent indicated in her text message that our child would remain with her and I would be able to see him “When it was my time.”
approximately one week later, The respondent’s brother, xxxxxx began following me, harassing me, coming to my home in an aggressive manner looking for the respondent, knowing she was not there. Calling my employer and making false allegations against me. I advised the respondent several times regarding her brothers actions to which she never responded or took action to stop it. It only continued and increased in severity. Each time a police report was filed.
After I advised the respondent of an incident that occurred at a store where he verbally threatened me and wanted to fight, The respondent filed a false police report on xxxxx, 2014 making criminal allegations against me. Two days later the respondent filed a petition for temporary injunction for domestic violence against me. Both the police report and petition were referring to the same alleged event but contained many contradictory details to include,
1. In the sworn police report, the respondent stated the incident occurred at 9:00AM. In the sworn petition, the respondent alleged it occurred at 11:10AM.
2. In the sworn police report the respondent alleged that she noticed me holding my un holstered duty weapon and that I put the magazine in it and chambered a round while holding the weapon downward. In her sworn petition, the respondent alleged I went to the night stand on my side of the bed, picked up my state issued weapon, inserted a magazine into it and chambered a round while facing her direction. She then stated in her petition that I pointed it in her direction. During the injunction hearing her sworn testimony was I never pointed a weapon at her.
3. In the sworn police report, the respondent stated that she exited the bathroom and I began screaming at her. In her sworn petition, the respondent alleged I entered the bathroom and began questioning her.
4. In the police report the respondent claimed at 9:00AM she was preparing to take our child to a pop warner football game when the incident occurred. Our son did have a football game at the XXXXXX County High School football stadium but the game was scheduled for 12:30 PM. Our home is only 2.7 miles away from the stadium and is a 7 minute drive. Why did she need to be getting ready at 9:00 AM to drive 2.7 miles?
5. She was asleep at 9:00 AM and my 15 year old son was awake watching television when I left the home to go to Starke and purchase our son a new under jersey shirt. He could testify as to me not being at the home at the time she alleged in the police report. He was also present in the home when the respondent later alleged the incident occurred at 11:15 AM. He could testify as to my actions for this time as well.
6. The respondent texted me at 11:28 AM to advise me she was at the football field. We drove separate vehicles to the football field. If she was in such fear as she claimed in the police report, why not go straight to the sheriff’s department then? There were two deputy sheriffs at the front gate of the football game. Why not report it to them? Why wait between 6 and 8 hours (depending on which alleged time she swore to)
7. In the sworn police report, the respondent also alleged that I left a weapon out within easy reach of our son. My children could testify that I never left any weapon lying around my home. There were family friends who also frequented my home who could testify to this. I do not own a weapon and my duty weapon has always been stored in a small safe inside my car.
8. The respondent knew I was at the sheriff’s office filing a police report on her brother’s actions. That is when she drove to dispatch and filed the police report. I am employed with the xxxxx, xxxxxxx xxxxxxxx. The police report the respondent filed was faxed to xxxxx unbeknownst to me and I was placed under investigation. Allegations of this nature even when proven to have no merit are damaging to my career in that the allegation was even made and that a police report was faxed to my superiors.
While the motion for injunction for domestic violence was denied, I was not able to cross examine, call witnesses and present my defense to the courts that the respondent made false allegations of domestic violence to both a law enforcement officer and the courts. It is clearly evident when you review the actions the respondent was requesting the courts to take against me when she filed the petition for injunction she was asking the courts to strip me of all my parental rights. I love my children and when an innocent person is faced with the possibility of losing your children, it affects you in ways I cannot explain in words.
The respondent falsely accused me of a criminal act and attempted to use the power of the courts to strip me of my parental rights and obtain full custody of our child. In making false allegations with such contradictory details, the respondent committed more than one crime that will forever go un punished and I had more evidence to support my innocence. It was not “he said, she said” evidence, I had actual witnesses and physical evidence. I have exhausted all avenues for the false allegations to even be investigated by law enforcement. The xxxxx County Sheriff’s office refused to investigate or even accept the evidence I had to offer. I do not understand why certain acts deemed to crimes by Florida Statute crimes can be referred to by a Law Enforcement Agency as a “civil matter.”
The evidence speaks the truth. She has no evidence to provide nor is there any evidence because what she alleged never happened. What she told a law enforcement agency and the courts was a lie. The evidence I have to provide supporting my innocence far outweighs her sole sworn, contradictory statements.
Domestic violence is a serious offense because it causes emotional distress and the true victim to be in a constant state of fear. There is no difference in cases of false allegations of domestic violence and it causes the falsely accused to constantly fear what is going to be said next. To fear that they could lose their job, freedom, way of life and most importantly their children. Being falsely accused of domestic violence is the worst thing in my life I have ever had to experience. The respondent’s continual actions display irrationality, instability and pose a serious risk to the physical and emotional wellbeing of our child and his family.
In xxxxx of 2014, both the respondent and I felt it was in the best interest of our child to unify Christmas gifts. I was initially hesitant because of past incidents where the respondent removed all funds from our joint checking account without my knowledge. The respondent assured me she would purchase our child’s Christmas gifts with any money I provided and would send me photographs of the items purchased. We both put our money together and agreed to what items would be purchased. The respondent was given $400.00 and she purchased the items. The respondent sent digital photographs to me via text message to show the items as she agreed to do. On Christmas day, I text messaged our son to tell him merry Christmas and to ask him what he got from me. The response was uncharacteristic coming from him and I asked him if he got any gifts from me. His response was “No.”
j. Section 8.2; The Marital Home; The respondent was awarded use of the marital home and refused to communicate with me regarding the home being immediately listed for sale. On several occasions the respondent indicated in text messages that she intended to keep the home. My attempts to communicate with her about the home being ordered to be placed up for sale were deemed by her as harassment. It took the respondent over three months to respond to the agreed upon realtor.
k. Section 8.3; The Marital Home; The respondent was awarded use of the marital home and ordered to be responsible for the mortgage, insurance and tax payments. Since xxxxxx 2014, no mortgage, insurance or tax payments were made. The respondent and I both lived in the home until December 2014 and she was provided with my half of the mortgage until she assumed possession of the home on xxxxx, 2014, as ordered in the final judgment. In xxxx of 2015, I became aware of a Lis Plendens on the marital home. I contacted the legal counsel for the suing party and was advised that no mortgage payments had been made since September 1, 2014. The respondent never communicated and in fact refused to communicate with me regarding the marital home. I was not served notice regarding the suit because the respondent had indicated to a service processor that she did not know my whereabouts and had not seen or spoken to me in months. This was intentionally said to the service processor so that I did not find out about the pending court action.
Part 2
I attempted to work through the foreclosure and explore options to stop it. I asked the respondent to allow me to move into the home to make the payments. My attempts to communicate with her about the home were deemed by her as harassment and I was instructed by her not to communicate with her unless it involved our child. She refused to take any action to stop the foreclosure and she never made any mortgage, insurance or tax payments as she agreed and was ordered responsible for. By the time I became aware of the foreclosure action, my credit rating had plummeted and I did not have the means to bring the mortgage current.
The marital home was foreclosed on in May 2016, and the effects of foreclosure has greatly impacted my ability to provide a better quality of life for my children. I do not understand why the respondent chose to intentionally refuse to make those payments knowing the repercussions of foreclosure on a credit rating. The respondent could have taken a different course of action and worked to prevent this.
Court Proceedings: Advice and Opinion on Motion for Contempt and Enforcement in Florida Page 2
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