‘Its pointless defending against Violence Order’, claims Family Law Magistrate
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On October 22nd 2010 I happened to be in Family Court for a directions hearing for an Intervention order I was seeking against my ex-wife. Ahead of me was a young man, who couldn’t have been more than 21 years old. Just barely into adulthood, who was attempting to plead his innocence to an IVO his ex was seeking against him. What unfolded was staggering, and unethical. The magistrate asked his solicitor if he had tried to “encourage†this young man to accept an undertaking. His solicitor stated he had tried repeatedly to get the young man to agree, however, his client was insisting on his day in court.
The magistrate then proceeded to “strongly encourage†the young man to forego his day in court. The young man stated, with a timid and fearful voice, “I am innocent and I want to prove itâ€. The magistrate then stated that he would achieve nothing by pursuing his day in court. At the very most he would get the IVO application against him dismissed (hello? This is what the young man was seeking to do). He repeated several times to the young man that there was little to no value in attempting to defend himself.
The young man felt pressured, it showed on his face. The magistrates speaking pace increased and the young man could not even get a word in until the magistrate had finished his fourth round of encouragement.
The young man inevitably caved.
The magistrate then failed to bring to the young man’s attention that he could have noted on the undertaking that he was agreeing to it without any admission of guilt, or “with denialâ€.
There is no doubt in my mind, that this young man had no idea what was happening to him, why or even how to defend himself. He had no idea of his rights and allowed a biased magistrate to coerce him into something he didn’t want to do. Without the denial of guilt his ex now has an undertaking, for violence that may not have occurred at all. If this young man is indeed innocent, that is now irrelevant and he is now tainted.
Legal aid, duty solicitors and outreach programs are all heavily weighted to supporting women. Many men are victims of violence by women. It’s hard enough to get believed in the first place, but when that institution charged with upholding the rights of all human beings, regardless of gender, fails to do so, it’s clear men have a very long way to go to achieve equality and justice.
I got the outcome I wanted – which was an undertaking from my ex-wife without denial. I was probably one in a 1000 men who succeeded in sending a woman a very clear message – “you can’t abuse me and get away with it. I will not tolerate itâ€. I urge all separated and divorced men to take a stand. Nothing will change until you do.
Written by fathersdomatter – published exclusively on F4E on 4th November, 2010
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Ian Mack says:
Your comment is awaiting moderation.
January 29, 2011 at 12:00 am
Their link is: http://www.aph.gov.au/house/committee/petitions/index.htm
Regarding the State Judicial Misbehaviours:
We need to seek in the State Parliament a “Judicial Misbehaviour and Incapacity Committee†is created in each State. These Committees will accept public complaints of judicial misbehaviours due to the Police will not do their duty to the Laws of the State when a Judicial Officer commits a WRONG.
NSW have 1 that sought of works, and has reduced the complaints of judicial wrongdoings although Appeals are often promoted as the more appropriate Course of Action.
The Court is a PUBLIC ARENA therefore you have a right to speak out against any judicial wrongdoing or demonstration of bias you might witness as a member of public.
The Law of Bias is “Bias occurs when an informed member of the public forms an opinion there is an appearance of Bias being committed by the judiciaryâ€
[Reply]
Ian Mack Reply:
January 29th, 2011 at 12:09 am
Ian Mack says:
Your comment is awaiting moderation.
January 29, 2011 at 12:00 am
Why did the writer or witness of this story not speak out in the Court with:
“OBJECTION YOUR HONOUR YOU ARE DEMONSTRATING TO THE PUBLIC YOU ARE UNREASONABLY COMMITTING A BIAS AGAINST THIS PARTYâ€
There is Law that gives you the right and protection from prosecution to say what I have said above.
We probably need to promote the above by Newspaper and Radio advertising to cause public awareness of the right to respectfully speak out at the time in the Court against the judicial misbehaviour or wrong doing being committed.
[Reply]
Ian Mack says:
Your comment is awaiting moderation.
January 29, 2011 at 12:02 am
Folks we have 2 different judicial jurisdictions in these posts: AVO’s, IO’s and the like are State Court matters while the Federal Magistrate and Family Courts are Commonwealth issues.
They may be both legal and judicial wrongdoings but we need to keep in mind each have their own Laws and Courses of Just which we know are hard to cause prosecution of judicial wrongdoings in.
Regarding Commonwealth Judicial Misbehaviour:
[Reply]
Ian Mack Reply:
January 29th, 2011 at 12:04 am
Have a look at this site: http://www.aph.gov.au/house/committee/petitions/attorney-general.htm
In particular the entries in the Legal System title dated 23 November 2009 to 22 November 2010.
There are about 10 individual applications to the Commonwealth AG:
some for inquires into judicial misbehaviour,
an Independent Committee of Inquiry for the public to file complaints of judicial misbehaviour
and law to help SRL’s present their matters to the Court.
Each of the issues need your copy and paste into the proper form, your signature and Urgent Postal to the Pet-tions Committee for presentation.
[Reply]
• Folks we have 2 different judicial jurisdictions in these posts: AVO’s, IO’s and the like are State Court matters while the Federal Magistrate and Family Courts are Commonwealth issues.
They may be both legal and judicial wrongdoings but we need to keep in mind each have their own Laws and Courses of Just which we know are hard to cause prosecution of judicial wrongdoings in.
Regarding Commonwealth Judicial Misbehaviour:
Have a look at this site: http://www.aph.gov.au/house/committee/petitions/attorney-general.htm
In particular the entries in the Legal System title dated 23 November 2009 to 22 November 2010.
There are about 10 individual applications to the Commonwealth AG:
some for inquires into judicial misbehaviour,
an Independent Committee of Inquiry for the public to file complaints of judicial misbehaviour
and law to help SRL’s present their matters to the Court.
Each of the issues need your copy and paste into the proper form, your signature and Urgent Postal to the Pet-tions Committee for presentation.
Their link is: http://www.aph.gov.au/house/committee/petitions/index.htm
Regarding the State Judicial Misbehaviours:
We need to seek in the State Parliament a “Judicial Misbehaviour and Incapacity Committee†is created in each State. These Committees will accept public complaints of judicial misbehaviours due to the Police will not do their duty to the Laws of the State when a Judicial Officer commits a WRONG.
NSW have 1 that sought of works, and has reduced the complaints of judicial wrongdoings although Appeals are often promoted as the more appropriate Course of Action.
The Court is a PUBLIC ARENA therefore you have a right to speak out against any judicial wrongdoing or demonstration of bias you might witness as a member of public.
The Law of Bias is “Bias occurs when an informed member of the public forms an opinion there is an appearance of Bias being committed by the judiciaryâ€
Why did the writer or witness of this story not speak out in the Court with:
“OBJECTION YOUR HONOUR YOU ARE DEMONSTRATING TO THE PUBLIC YOU ARE UNREASONABLY COMMITTING A BIAS AGAINST THIS PARTYâ€
There is Law that gives you the right and protection from prosecution to say what I have said above.
We probably need to promote the above by Newspaper and Radio advertising to cause public awareness of the right to respectfully speak out at the time in the Court against the judicial misbehaviour or wrong doing being committed.
[Reply]
Folks we have 2 different judicial jurisdictions in these posts: AVO’s, IO’s and the like are State Court matters while the Federal Magistrate and Family Courts are Commonwealth issues.
They may be both legal and judicial wrongdoings but we need to keep in mind each have their own Laws and Courses of Just which we know are hard to cause prosecution of judicial wrongdoings in.
Regarding Commonwealth Judicial Misbehaviour:
Have a look at this site: http://www.aph.gov.au/house/committee/petitions/attorney-general.htm
In particular the entries in the Legal System title dated 23 November 2009 to 22 November 2010.
There are about 10 individual applications to the Commonwealth AG:
some for inquires into judicial misbehaviour,
an Independent Committee of Inquiry for the public to file complaints of judicial misbehaviour
and law to help SRL’s present their matters to the Court.
Each of the issues need your copy and paste into the proper form, your signature and Urgent Postal to the Pet_tions Committee for presentation.
Their link is: http://www.aph.gov.au/house/committee/petitions/index.htm
Regarding the State Judicial Misbehaviours:
We need to seek in the State Parliament a “Judicial Misbehaviour and Incapacity Committee” is created in each State. These Committees will accept public complaints of judicial misbehaviours due to the Police will not do their duty to the Laws of the State when a Judicial Officer commits a WRONG.
NSW have 1 that sought of works, and has reduced the complaints of judicial wrongdoings although Appeals are often promoted as the more appropriate Course of Action.
The Court is a PUBLIC ARENA therefore you have a right to speak out against any judicial wrongdoing or demonstration of bias you might witness as a member of public.
The Law of Bias is “Bias occurs when an informed member of the public forms an opinion there is an appearance of Bias being committed by the judiciaryâ€
Why did the writer or witness of this story not speak out in the Court with:
“OBJECTION YOUR HONOUR YOU ARE DEMONSTRATING TO THE PUBLIC YOU ARE UNREASONABLY COMMITTING A BIAS AGAINST THIS PARTYâ€
There is Law that gives you the right and protection from prosecution to say what I have said above.
We probably need to promote the above by Newspaper and Radio advertising to cause public awareness of the right to respectfully speak out at the time in the Court against the judicial misbehaviour or wrong doing being committed.
[Reply]
I just wrote to the Chief Federal Magistrate. I submit this due to per minas. The courts have ignored now a Magistrate refusing to raise final court orders after 5 months of the final hearing…..
“Private and Confidential”
Chief Federal Magistrate
GPO Box 267
Sydney NSW 2000
John Aster
4 Barney Street Arana Hills
Queensland 4054
Reference: 484/08
Federal Attorney Generals Reference: AG-MC10/1423, 10/30506
Note: A copy of this letter will be found on http://facebook.com/whistleblower.act
Dear Sir,
I have made this letter Private and Confidential to ensure that it is placed into your hands directly.
I arrested Federal Magistrate Demack for Perverting the Course of Justice, Fraud and Treason. I then, when she didn’t report herself to the Commonwealth Director of Public Prosecutions or yourself, went back and charged Her Honor with Misprison of Treason.
1. Here are only some of the reasons why.
1. Altering Transcripts
2. Saying “Cunt cunt cunt†in the court room for springing Her Honor for altering transcripts and putting on my facebook. Altering transcripts of how the court process was to remove my lawyer and suggesting orders written were accepted by myself when they were not.
3. Denying my own mother to be asked questions by myself unless they were questions in response to questions asked by the Children’s Lawyer and mothers lawyer.
4. Denying uncontested affidavits to be used and told they will be thrown out
5. Denying Latin Law Terms to be used in her court room and the refusal to allow law or to understand law by a Federal Court Judge
6. Collusion with Judicial officers
7. Denying subpoena material to be used or spoken about in Her Honours Court room.
8. Denying listening to evidence in the court room and pretending she could not hear the recording in chambers and can’t hear a Psychiatrist state “don’t cross swords with me or the children’s lawyer or I destroy people in court. Being which was a threat and tampering of a witness. Copies of this recording can be found on Youtube.
9. Denying me to have a lawyer of my own choice and denying to follow her honors own court orders by investigating if my lawyer is registered with the High Court before allowing him to continue representing myself. I personally checked and he is registered, yet Magistrate Demack is still refusing to allow me to have a lawyer of my own choice.
10. Magistrate Demack is ignoring the fact that I had exposed that my daughter was removed by illegal actions of a Judicial Officer, she protected this Judicial Officer and now it has backfired.
11. Magistrate Demack has refused to allow me to present proofs that false police reports were raised and denying submissions to be tendered.
12. Denying evidence to be brought into a court room.
13. Denying evidence on record to be presented
14. Denying equal time in that I was placed on the stand for 5 days of a court trial, and yet my ex the Magistrate refused me longer then a few hours and unless I could remember on the stand all the false allegations on the stand and without looking at notes that I was not to speak to my ex or give evidence about it
this list is enormous and it should give you some fair warning that this is a most serious matter.
The Magistrate refused to recuse herself for being bias, both Manifested bias and Apprehended bias, and denied any govt body to investigate the Judicial Officers that have deceived the courts to ensure a child is being removed from a parent.
2. Due to the criminal behaviour of the Judicial Officers in Collusion with the Magistrate and the refusual to provide justice in a court room, I now have been stalked and there is at present a criminal investigation via the Queensland Police. The stalking is to such an extent that my name has been totally defamed. There was also a person working in a Family Lawyer’s firm in NSW using federal court systems to find out personal details and use it for the stalking.
3. I would like to be provided all tape recordings from the Federal Magistrate Court and cross reference with the Transcripts to provide how much alterations were done, and to provide significant evidence that they are gross changes so that an arrest of a Federal Magistrate can be procured. I do not wish for the Chief to protect or impede showing any and all criminal behavior of a Federal Court Magistrate.
4. I have been denied final court orders. I have been denied Justice. I require a court which will deal with Justice and I would like a Jury.
5. If the Chief Federal Magistrate is not able to investigate a Magistrate and or the judicial officers and is not able to provide assistance in an emergency crisis, then is the Chief Federal Magistrate there to hide the criminal behaviors of a Magistrate ?
6. I was the principle career of my daughter. I would like to stop the harm of my daughter and I do believe that if you do not immediately take action in response to this letter that a Family Court or Federal Magistrates Court would have no interest in ensuring the best interests of a child.
7. Please provide a response within a reasonable time. I will ask my peers some 200,000 readers what they feel would be reasonable. So far a Magistrate refusing to raise final court orders in 5 months is not reasonable and there is a breach of a trust.
8. Should this not be investigated in reasonable time then the breach of the trust has, and will continue to have the intent to harm. I will do any course necessary to stop this harm from continuing to a child and father. I believe really that the courts have had enough time and if Courts can not be entrusted to provide justice then these are useless to the public.
9. I believe due to the circumstances, if an immediate release of these recordings can be provided, I can speed up and prove the amount of corruption within your courts.
10. If law has been provided for this not to take place, then why would a good justice system try making law to ensure a person is not able to expose the criminal behaviour of a Magistrate or Judicial Officers ?
11. Please note: If a Magistrate can put someone in Jail for posting a birthday card, It stands to reason why a Federal Magistrate, whom if you search Google: Federal Magistrate Demack and Her Honor, knowing all the criminal offenses she has done within this court room, and knowing I have exposed this to the public under grave duress and per minas, then why is it that a Federal Judge is not presenting my case to the Federal Attorney Generals Office for breach of the Gag 121 Legislation.
12. Surely if the mother has breached the contract, and the judicial officers have denied justice by ensuring that they participate in covering up the judicial officers who ran away in the beginning, and if the courts and yourself are not able to investigate or forward to an appropriate investigating authority, then obviously common law will have to take place and I, as King will make my own orders due to their being no lawful court to deal with criminal behaviour. Note there are no orders which are lawful, due to there being fraud on the court. I do not understand the courts where justice can not be provided.
13. I have enclosed a copy of the submissions where I respected that if everything was lawful and true, that I would not argue with orders written by the Children’s lawyer or he mothers lawyer. Obviously any member of the public can determine that there is illegal activity inside your court, or court orders would have been written.
14. As a matter of trust to abide by Her Oath of Office being breached, I request strongly that Federal Magistrate Demack stand down from presiding over any and all court cases until this matter is appropriately investigated. Further more, I strongly request that all judicial officers within my family law case, past and present, to cease any and all family law cases or representing any person as a Barrister or Lawyer until this matter is investigated.
I do not understand or trust the courts of Australia while there is no Jury, and while persons such as yourself do nothing. I believe you have 28 days. I await your action.
Please note, I just wanted equal time with my daughter. The mother admitted that I did no wrong throughout these whole proceedings. The Magistrate removed my daughter due to being “pissed off†according to the Psychiatrist and that me eating “humble pie†and not exposing this is the answer, or he would destroy me in court.
I feel that if you are satisfied also for judicial officers and Judges to perform such as this, then you are there to ensure criminal activity to happen within your courts, and that we have no judicial system.
If the Chief Federal Magistrate decision is not to investigate or to put into the appropriate hands to investigate all allegations of fraud on the court and conceals that a Magistrate and Lawyers can act criminally and the ex partner can commit offenses without penalty then I require all rights and remedies of the same non investigation to show and reflect that the Courts are not bias to one party.
Please note, that your Magistrate has already written court orders to state that she is refusing to investigate criminal behavior and will not allow anyone to speak of it and it is not up to a court to investigate and still denies placing in appropriate legal authority to ensure no fraud on the court exists..
I await your immediate response.
Regards,
John Aster
[Reply]
Craig Reply:
January 29th, 2011 at 9:35 pm
I now have a clearer understanding of my Daughters plight, I will once again consider seriously not following Fed Magistrates orders and not refuse my Daughters access to me or their own choices, as it is they are 13, and one is turning 15……..
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Craig Reply:
January 29th, 2011 at 11:32 pm
Hang in there John, you have opened my eyes, I also am being stalked, there is gross misjudgements and lies, but I know one thing, I have never physically or sexually abused my Girls, and they canot stop them from being with me unless they kill me, and I know there has been mentions of that
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Peter Peterson Reply:
March 5th, 2012 at 6:05 pm
What a peace of shit she is! She needs to have her broom stick ramed where the sun don’t shine! That’s where her head is! Up her ass! How discracfull! She sounds like a real cunt! (lowest form of life) This is what happens when any peace of shit is aloud to breed! And what country dose this pig-bitch gestate in? The Law is full of fuckheads like this bitch! So Sad!
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Hi there all you guys, a mother here.
Its not just father’s being done over in the FC. Whoever has the money, the intent on dominance and, as some have said, makes the first ‘abuse’ claims will prevail. I haven’t seen my son for a year. He has gone from a happy child to one with multiple psychological disorders.
I will submit my story under ‘Rebecca’s letter’ if the adjudicators think it ok.
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I have asked both the Prime Minister and the Liberals to come and see my situation, ask the lawyers judges coucellors, the kids, myself, police and others, so that she does not try to carry through with her changes to Family Law acts, I think it is undeniably rediculous to try to, she can’t allow lies into court, it will strangle the court process, as we can lie too, she says this he says that, is the bullshit that slows the eventual satbility the kids need, she is so out of touch it isnt funny
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Good strategy Craig..I also allow my girls, 14 &10, to move freely after showing maturity.
Where do most bad girls learn how to be manipulative? Their mothers, and especially when those mothers openly defy the disciplinary tactics of the father.
I endured 10 months of supervised visits because ; i was a lamb, had crap legal advice and the first accuser gained the immediate upper hand (because she is female, and works as a health professional)
Until authorities put child emotional/ psychological abuse up with physical/sexual abuse, mothers are simply going to continue to fabricate stories in order to keep their adversarial ex-partners where they want them.
Let them try telling their lies to an emergency panel of experts with the accused present as well and then ask the children (age appropriately) whether they want to have some time with the allienated father… again they will judge…but a little sooner with less tears and spilt money…a bit of common sense which children might associate with child’s play.
Julia Gillard, as the step-mum of two 20 something girls, is not in a position to say what the rules should be for girls my daughters age.
Let’s not give away our balls so easily next time!
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Good on you Zac !!!!!!!!!!!!
Something else I experienced, at the start, when my ex claimed abuse in the local court, the kids were taken from me completely no access, then the first family law court hearing I had a lawyer, and I got every second weekend only because the ex said i could have i, the judge was suspicious, the second hearing also with a lawyer didn’t improve anything. I let my Girls stay breaching the orders after that, it went back to court, the judge was fuming, he handed it to the federal magistrates court, i had no lawyer, I got half care of the Girls.
Stick to the truth, allow the kids any access to whoever (safety in mind) and the kids will decide, no-one can change that.
I’m not impressed by Gillards proposal, but it has to pass through a hung parliament , and the liberals wont agree, so we’ll see, but if the women can claim abuse falsely, hey two can play at that game !!!!!!!!!!!!!
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Craig H. you are right about the kids deciding..my girls have done this and both know that their mother has lied..including reporting child sex abuse by me (on my 9 yo) to G.P. Police and DHS.
A good mate encouraged me to fight several IVO applications by my ex-wife for trivial matters..I defeated them all very easily, but at considerable expense.
One occasion was when I was sarcastically answering a text message from my ex wanting to vary the court orders to her advantage…I simply answered, “You should talk to Roger about that.” (offering to ‘talk to Roger’ was my ex’s cue for oral sex during our marraige.)
I dont even text anymore..the kids are the messengers..which is not good i know.
You have to keep a sense of humour, otherwise we’ll all just go mad.
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Recently this F4e site has campaigned against (hopefully I understand this correctly) the Gillard Government reducing the need for factual evidence of abuse in Family Law matters, please, don’t let propaganda scare you. The fact is if the women have the right to unjustified allegations of abuse so do you, by unjustified I mean you have no police records, neither does she, or he , whatever the case maybe………………………
If you failed to report her abuse to police you have as much right as she does (reverse applies to Mothers) to introduce the abuse to the court…………
Shoud of studied law perhaps lol
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Very helpfull information, and although I no longer need it luckily enough my Solicitor knew about it, what it has done is helped me realise how important her actions became.
Thank you
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Shane if you are reffering to my information, you are welcome. Please understand though, the most appropriate action isn’t neccessarily against court orders, it depends soley on circumstances, providing that the Children are old enough, and they have mature reasons to choose either parent, they are allowed that choice even despite court orders providing there are no proven allegations about abuse, and I mean, hearsay does not count !
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Yes Jacqueline, I hear you, what happens is the women, want what they had with the husband, they want what he worked for, they want all the good stuff, and more too, although this is not in all cases, obviously there are good and bad on both sides, however when the woman is selfish, disregards the feelings of the Children and expects that she be granted most of what the Family worked for, and the woman donesn’t get it, they can become very nasty. This is true of my experience.
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AVO’s are there to protect the innocent from harm from another person.
Unfortunatley is is used indiscrimanantly by person usuallys wives how want to get hold of all the property and keep the children and have child support paid by the husband of boyfirent, who they no longer want around. I my experience with my brother his wife lies and ies and lies and everyone DOCS, the Courts fall all over themselves to help the liying wife. And the children – they are not in the slightest interested in protecting the children I have seen this for myself and you are right the first person that throws the stone of alleged violence of sexual abuse -WINS THE DAY. Magistrates, Judges, Police, DOCS – WAKE UP TO YOURSELVES YOU ARE DESTROYING CHILDRENS LIVES.
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Thats really valuable information. Thank You!
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Here’s how I have dealt with it all, however hopeless I felt no matter how cranky or upset I got I never refused my kids access to any Family member, the opposite was true of my ex, now the girls live with me, despite interim court orders saying otherwise.
They are old enough to make their own decisions, and the courts acknowledge that, no matter what character assisination is made against you.
Obviously this applies to kids around twelve and older, and I am currently in breach of an interim order, by letting them stay with me, but I dont’ see anything but harrassing messages from people with thier own agendas, threats of police action etc, blah blah blah, just keep the focus on the Chilldren, be honest, allow access, and provided you have no documented evidence of physical or sexual abuse, police evidence, the Children will decide, not the Family or the courts, the rest of the crap you go through is an industry based on our lack of knowledge.
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my ex put an avo against me, merely for too many text messages in a short period, I got baited, anyway 11 court cases later, legal aid have decided it’s all too hard, I didnt even swear at her, final hearing District Court Level soon, and I’ll be telling the Judge that I like the part where I don’t have to speak to her, it gives me an excuse not to have contact, however I believe I did not menace or harrass so I want that dropped. The only part of the AVO I don’t like is I’m under constant threat of being setup for breach.
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In Western Australia the Legal Aid Department refuse to assist a male in any way when a Violence Restraining Order is either being sought as the Victim or defended. I always thought it was illegal to discriminate against somebody based on their sex but here is a situation where an Australian Government Department blatently gets away with it.
Interestingly enough under my understanding the Magistrate in this instance has breeched the Law as they are not allowed to influence anybody but it is unlikely anything will be done about it. I myself struck a Magistrate who even the Federal Police agreed was guilty of invoking a crime but as the Federal Police stated ‘good luck finding any Police Officer who has the balls to arrest them for it’
Unfortunately the Magistrates and the so called Justice System are accountable to no one.
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Dont magistrates only allow the submission of evidence at the final hearing, not the mention or directions hearing?
If I understand the first reply – Dont use a duty solicitor, they only pretend to help. Self litigation is pretty much suicide in Australia (Dont know what it’s like elsewhere), so you either have to have a private solicitor.barrister, or Legal Aid, and legal Aid are pretty much one sided.
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It is pointless defending against a restraining order using an Officer of the Court, playing Attorney Work Product Doctrine to shuffle the evidence in the case, enabling the pre-determined outcome (you are removed from the family, thereby removed from protecting them against the onslaught of the court). Once you are removed, the specialized female, incentivized to falsely accuse you by the System, and believing she is a “winner” is then targeted via subtle means, whereupon the child is used to garner public funding for the local Fiefdom, under Fiduciary Rule.
Drop the attorney. When you are falsely accused, you automatically attempt to deny these allegations to the court, your attorney, appears to be “helping” you but is not.
To enter evidence into a case, and put it on court record, one must fill out an admission statement. This document, called an admission statement, Admits, or enters evidence. Normally, such as in criminal defense cases, this would be something used in the commission of a crime, etc…however, in civil cases, you can do this with a written statement, admitting it onto evidence, as evidence.
On a piece of paper, whilst reading the allegations they have lodged against you, deny any and all that are false. For example, you are accused of Domestic Violence in number one, and child abuse in number three, so you will need to write something like this,
Re: Allegation number one. DENIED.
Re: Allegation number three. DENIED.
Now put a court header on a piece of paper with your case number, etc…just like any motion, but rather than naming it a show cause or Petition, you will name it: Admission Statement.
In the statement, Admit your Denial document….
The Reason?
Once something is admitted into evidence, it cannot be stricken or suppressed by the Judge….A judge is barred from practicing law, and can only rule according To the law, and all evidence. Determining evidence, its value etc. is practicing law. The only way to suppress or strike evidence, is if the other party PROVES IT TO BE FALSE…thereby you have shifted the burden back onto them to PROVE as per CRIMINAL laws that you have done what they allege you to have done, rather than you attempting to prove civilly that you are innocent, without ability.
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Please name the magistrate involved.
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Yet again another example of the typical bullying these smug arrogant curly tailed pink animals with snouts really enjoy hoofing on men regarding AVO’s.
First Lesson: Self Representation is the surest way to fall in the swill ! For a start, that accurate brief summary of events you have laboured over, you know -the facts that prove the ex is lying; the referencing to nasty SMS notes and diary dates of incidents when she tried to run you over, etc when she hit you etc , when she did all of that nasty stuff defaming & slandering you etc – all going on for so much much longer than the year its taken for you as a man to get this to court. Thats excluding the two visits to the local Cop where they did nothing so you had to file for it yourself with the court clerk. . .well just forget about reading anything out in court “no that’s not permitted . . . ” if you cant remember all of the details then it cant have been that important, can it?” I was told. Court costs of $650 and goodbye.
Six months later I beeped my car horn twice when passing my Daughter with the ex. An interim AVO was delivered that night by a gung ho Patrol Officer; it was in court in 5 days and the magistrate said to her “are you in fear for your safety?” She replied “Yes”. An Interim AVO in a blink. It took a year for the case proper to be heard. Second lesson -men have little hope winning – you are guilty by default
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