mardi 28 juin 2016

Establishment: Providing Evidence and What to Expect for Permanent Restraining Order Court

My question involves restraining orders in the State of: New Jersey

BACKSTORY : I broke up with my boyfriend of 2.5 years on June 17. Since then he has been harassing me via many text messages, phone calls and acts of desperation. He threatened to commit suicide if we didn't get back together (I called the police on him), he threatened to steal my medication (actually stole it, but gave it back after a few hours - no cops were called), harassed me at work & threatened to cause a scene to get me fired as well as called my job around 30 times in less than an hour. He's had extreme bursts of rage, followed by lots of apologies (his attitude entirely flipped). Least to say his behavior has been very unpredictable and downright scary. While we were dating he has had many issues with his step father which caused him to make scary threats, my ex told me a few times he would stand over his sleeping step-father with a knife in his hand, wanting to kill him. And during fights between the two he would "black out" and not remember seriously injuring his step-father. All of that, along with his recent behavior has made me unfortunately kind of afraid of him because of his mental instability.

Sunday he was making numerous calls to my phone, using other people's phones to try to talk to me. Finally when he got a hold of me he said that he was on his way over to my place. I honestly didn't realize how afraid of him I was until this point. I started having a severe anxiety attack, I was home alone and terrified. My dad instructed me to leave the house until he [my dad] got home.

We ended up filing for a temporary restraining order and will have court for a permanent restraining order on Thursday (6/30, today is 6/28). The police officer explained that what my ex is doing is considered domestic abuse. I've been told to gather evidence for court on Thursday. I have a LOT of text messages from him, but I don't know how I would transfer them all onto paper (I took screenshots of the texts and phone call history, 401 pictures in total). And would they even be admissible in court? I'm not sure if it'd be considered hearsay.

Questions:
  • Are texts admissible in court? Both parties will be present in the court room
  • If texts ARE admissible, how could I print them all out without spending so much time doing it? ((Over 400 screenshots))
  • Would the 911 call I made for his suicide threat be relevent? Should I request a copy of that?
  • He's harrassed friends of mine as well as trying to get them to relay messages from me to him. Should I print these? Are they admissible?
  • How would the ex defend against my allegations and evidence?
  • What would happen in court? Not asking for a prediction of the outcome, I just want a general idea of what might happen
  • He's said "I better not see you with anybody." is this considered a threat?


Thank you very much in advance


Establishment: Providing Evidence and What to Expect for Permanent Restraining Order Court

Expenses and Reimbursement: Damage to Company Vehicle, Was Not Insured- Asked to Pay for All Damages

My question involves labor and employment law for the state of: Arizona
While on job site for my company that i only was going to work for a month for did some damage trying to park vehicle (~$1200) worth. Owner deciding not to insure me on vehicle for the short period of time. Is there laws that protect me from having to pay for this damage?


Expenses and Reimbursement: Damage to Company Vehicle, Was Not Insured- Asked to Pay for All Damages

Suspension and Revocation: My License Has Been Suspended Indefinitely

My question involves a driver's license issued by the State of: Texas. My drivers license was suspended indefinitely due to an accident I had in 2012. I had let my insurance laps at the time, of the accident so I was not covered. I paid all my tickets right away and waited to hear from TDPS about a surcharge but never heard back from them. About 3 months later I received notice from the other party's insurance that they would be suing me for damages. I knew I would be liable and I accepted that. But I had never been in a accident before this so I didn't know what to do. I got some really bad advice from my dad ,he said I didn't have to show up for the court date, that they would just put a judgment against me and I'd have to pay that before I could ever sell anything I own ( which was nothing but a car my mom bought for me 6mo after the wreck. It was paid off and in my name). So I didn't show up for the court date and the judgment was placed against me in full + intrest. I did not have the money to pay the judgment or make the payments that they required. So a year later I got notice that the TDPS was suspending my license indefinitely until judgment was paid in full. Its now been almost 4 years since I've lost my license and I still do not have the money to pay my judgment off. I'm desperate to see how I can get this judgment off my back. Would I be eligible to file for some kind of bankruptcy to resolve this matter and gain my license back? I'm a single mom and I have struggled to get around and get my kids around. I just want this nightmare to be over I've definitely learned my lesson the hard way and will never again make this awful mistake again. Any help or advise would be so greatly appreciated.


Suspension and Revocation: My License Has Been Suspended Indefinitely

Violation & Enforcement: Temp Dvro Spouse Has History of False Accusations on Previous Partners

My question involves restraining orders in the State of: California

I currently have a temporary DVRO and went to court only to have it continued to trial, per my lawyers recommendation, which I feel it should have been dismissed since I have so far done everything that has been asked (firearms turn-in, stay away, etc.) and I feel she did it out of jealously.
My spouse has a history of false accusations of child molestation and a temporary DVRO on her child's father, plus she herself had one against her while we were dating. CPS threatened her then that they will take the child away if she didn't quit brainwashing her.

She got a temporary order solely on basis on a twisted declaration that including complaining about me not cleaning out my garage quick enough, giving money to former step-children for birthdays and high school graduation, a harmless comment on a social media site from another woman, and I just got home less than 30 days from a military deployment. Her declaration had nothing but twisted verbiage such as "I aggressively opened the door" and "stomped my way up the staircase" to slamming doors, on top of saying I pushed her, and "I scratched her chest and arm" which I did not do. I have a government security clearance which she knows I will lose my career and I feel my lawyer will feed off of this and drag it including my divorce dissolution knowing how important this is to me. I have sent multiple requests to my lawyer requesting specific items to be relayed to her law office and now I feel like I am getting the run around.

She has several times visited another man who lives 5 houses down from where I am currently staying (my parents) and did so the day I got kicked out of my home. Two days later she called 911 saying I was harassing her cause she had a visual on my vehicle which LE politely asked me to leave for a couple hours put told her it was "one time deal" since I was living there and that he can't just make me leave cause she wants to visit a friend.

My question is since she has a history of false allegations against an ex and now myself, can this be a pattern of abuse and again law enforcement was never called in regards to her claims I pushed her along with other false claims? Also she has had court recommended psychological evaluations from the previous relationship that states she is uncooperative and in the "problematic range" favoring full custody to the father. Also she is on several different type of psych meds I was unaware of. Can any of this be used against her in my case?


Violation & Enforcement: Temp Dvro Spouse Has History of False Accusations on Previous Partners

Life Estates: Can a Life Estate Be Voided if There is No House

My question involves real estate located in the State of: North Carolina

My husband and I jointly own a property giving his brother and his wife a life estate on the deed.

There is no longer a house on this property as it burned down, with no insurance of course.

His brother has already passed on to the Lord and his brother's wife is confined to a nursing home with no hope of leaving. they don't even get her out of bed anymore.

i don't believe she has the mental capacity to voluntarily give up her right to the property.

I have someone who would like to buy the property and I need to sell it because my husband is currently in a nursing facility due to Alzheimer's disease.

i have sent the NC lawyer a note but haven't heard back from him.

So my questions are..
1. Can the life estate be voided?
2. Will my Ohio POA work in NC.


Life Estates: Can a Life Estate Be Voided if There is No House

Custody and Visitation Issues: Parental Alienation

My question involves a child custody case from the State of: Indiana
My question is how do i prove parental alienation and file for a change of custody. During our divorce my ex husband was granted physical custody of our son who is now 8 years old. Our current court order gives me visitation and phone calls to him. The last time is saw and spoke with my son was in October of 2014. We had a court hearing in Feb 2015 for contempt of court for failure to allow the visits to occur which i filed. During the feb 201 hearing my ex was found in contempt and ordered to resume the visit immediatley, and there would be 3 compliance hearings in mar, april and may of 2015. The judge told my ex at that time if he was still in contempt he could face loosing custody, jail time, court fines or all 3. My ex acknowledged to the judge he understood what could happen and that he would comply and show up for all compliance hearings. The reasons why he had stopped the visits from Oct 2014 until Feb 2015 was because he believed i was trying to kill him, supposedly his van caught on fire outside of his home in the early hours of the morning and could have caused the house to catch on fire. When the judge asked him for proof of this, he had none to provide to the courts. To date i have yet to see any pictures of the damage, i have a copy of the police report, at no time was i ever questioned about this fire or charged in this fire. Since Feb 2015 my ex has failed to show up for multiple court dates and has moved out of the state without the court's knowledge or permission. In approx june 2015 the judge ordered my child support to be stopped and put a warrant out on my ex for contempt of court. Once the child support was stopped my ex went to the child support office in Florida to try to get child support, once i recieved the info i took it to the courts here in Indpls and they forwarded the info to the child support office in florida who informed him that until he took care of the situation in indiana they could not help him. I have even recently recieved an email from him stating that i just need to get over it, as far as he's concerned im dead to his son, that his son has a new mother he knows about the missed court appointments, he knows about the warrant his son has a new mother, and a new life, no judge, cops, courts or cps will tell him how to raise his son. What kind of papers do i need to file to get custody changed, have his warrant go national so that i can see my son. At this time the only info i have is that they are somewhere in Panama City Fl.


Custody and Visitation Issues: Parental Alienation

Changing a Child's Name: I Never Changed My Sons Last Name to His Father's

My question involves name change laws in the State of: Texas. My sons father and I never changed my sons last name after we established custody and child support 15 years ago . now we are having to do it or our son can't get his drivers license. We were told that we are bolth in contempt of court. We get along great and our son is OK with the name change, but are we gonna be in trouble for this ,like jail or fines? We were young then and didn't know how all this worked back then, we didn't know how to go about getting it done. We bolth take responsibility for this but we are worried that we are going to get into legal trouble. Can you explain what we should expect?


Changing a Child's Name: I Never Changed My Sons Last Name to His Father's