Page 2 of 6 FirstFirst 1 2 3 4 ... LastLast
Results 11 to 20 of 52
  1. #11
    Join Date
    Mar 2013
    Posts
    17,780

    Default Re: Deprived Due Process at Protection Order Hearing

    Quote Quoting theunrealthing
    View Post
    The Victims's testimony of first hand things that happened is hearsay?
    Another example of your ignorance. The "victim's" (your) testimony is not hearsay. The witness' written testimony is hearsay if you attempt to read their affidavits in court without them being present to personally testify. That's the point that was being made.

    Quote Quoting theunrealthing
    View Post
    I have enough evidence to sue the entire free advice community under rico as a tampering and intimidation apparatus.
    Best laugh I've had all week.

  2. #12
    Join Date
    Oct 2014
    Posts
    7,835

    Default Re: Deprived Due Process at Protection Order Hearing

    Quote Quoting theunrealthing
    View Post
    Lol -- you are lying through your teeth. The Victims's testimony of first hand things that happened is hearsay? Looolol!
    I did not say testimony of the victim (or anyone else) is hearsay. Testimony occurs when the witness is in court testifying in person. The testimony of the witness in court as to those things he or she personally witnessed is certainly good evidence if it is relevant to the issue in the hearing. What I said is that affidavits are hearsay and thus generally not admissible evidence. Affidavits are not testimony. Because of that, you need the testimony in court of the person who made the statements. So I suggest you actually read more carefully what was said before calling someone a moron. I know far more about litigating in court than you do, that much is clear, so you might want to take a step back and consider that someone is trying to help you and try to learn. But if you are simply going to be rude and insulting, I won't bother trying to help you. I prefer to help those who actually appreciate the help.

    Quote Quoting theunrealthing
    View Post
    I have enough evidence to sue the entire free advice community under rico as a tampering and intimidation apparatus.
    I don't know that this "free advice community" you refer to is, as that term could mean all kinds of things. But certainly you'd lose if you sued any of the people who have so far responded in this thread. Getting answers you don't like is not something for which the law gives you a remedy. And clearly you don't have a clue as to what RICO is about. To the extent you are trying to intimidate me and others responding on this board with threats of a lawsuit, you can save your time because I'm not in the least intimidated or bothered by the threat since you could not possibly succeed.

    Quote Quoting theunrealthing
    View Post
    Oh, wow you can't read through a typo? Oh my bad did I put section 1000? instead of 1001? Oh just say it like you think it's evidence of incompetence and not a mere typo.
    There are literally thousands of sections in the U.S. Code. When you misstate the cite, you leave it to others to guess which one you meant. I did however guess it was 18 U.S.C. § 1001. And that section specfically states that it applies only to false statements made in matters in which the federal government is involved — i.e. statements to federal agencies, federal courts and Congress. You are litigating in state court so that section has no application to your petition. If you cannot even read a statute properly you will have a lot of trouble in that hearing. I again urge you to get a lawyer if you really want to succeed with this. If you do it pro se, you're going to have a much harder time of it. I've seen others that make the same kinds of claims you do, and they do not do well in court because they clearly do not understand the law and civil procedure. Whatever site or organization you've been using for this stuff is not doing you much good.

  3. #13

    Default Re: Deprived Due Process at Protection Order Hearing

    Quote Quoting flyingron
    View Post
    You don't have testimony. You have affidavits. You attempting to introduce them is almost certainly inadmissible hearsay (there are a few exceptions, but unlikely that they apply here). You need to learn how to read for content. Taxing Matters (a lawyer by the way) is 100% right. The affidavits are inadmissible, if you bring the witnesses to court (at the proper time), their testimony is possibly admissible.

    Chortle, sue the free advice community for RICO. You need:

    1. Legal help.
    2. Psychiatric help.
    You're lying through your teeth man. The affidavits are my OWN TESTIMONY about things I WITNESSED FIRST HAND. Hearsay refers to someone telling YOU about something they claim to have witnessed. I have proof you're lying.

    Quote Quoting adjusterjack
    View Post
    Another example of your ignorance. The "victim's" (your) testimony is not hearsay. The witness' written testimony is hearsay if you attempt to read their affidavits in court without them being present to personally testify. That's the point that was being made.
    The affidavit is my own testimony. I'm the victim. Where did I say my affidavits were anything other than my own. You're repeating back misrepresentations. You're delusional dude. Get your head checked.

    Simply put -- my own affidavits recounting thing I witnessed first hand can be submitted with my complaint to substantiate my allegations. They are not inadmissible. You're lying through your teeth and should be arrested for trying to sell a can of lunacy. What are 'statement of facts' inadmissible to? You selling dog shit buddy.

    Don't harass me on these boards again.

    Look at this:

    https://www.quora.com/What-is-affidavit-in-evidence

    In law, an affidavit is a written statement of facts by someone who has sworn to tell the truth, signed in the presence of a notary public or other legal authority, and can be used as evidence in the courts.

    Three elements an affidavit must include to become official are:

    The Written Oath where a person (the affiant) swears that the specific facts they wish to declare are true;
    The Signature of the one making the written statement;
    The Certification by a notary public or other qualified official stating that an oath affirming the truth of the statements in the affidavit was witnessed in person.


    Keep lying -- lol, the Feds send a bunch of goonies to lie through their teeth to victims (and perps) on free advice boards, then they conspire with the courts staff, or other people handling their cases and push them over with additional fraud corroborating the other fraud they uttered from the distal source. Nice try. I can see right through it. And that's extremely severe tampering. You belong in prison for a long time. And remember the tampering aids and abets in the other primary offenses being committed. Such as conspiracy to sexually abuse and kidnap. Keep talking.

  4. #14
    Join Date
    Oct 2014
    Posts
    7,835

    Default Re: Deprived Due Process at Protection Order Hearing

    Quote Quoting theunrealthing
    View Post
    You're lying through your teeth man. The affidavits are my OWN TESTIMONY about things I WITNESSED FIRST HAND. Hearsay refers to someone telling YOU about something they claim to have witnessed.
    You have just give a common non legal definition of hearsay. But the definition of hearsay in the law is considerably different. Ohio has adopted the classic legal definition of hearsay in its rules of evidence, and it tracks the definition used by many others states and the federal courts as well:

    "Hearsay" is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.

    Ohio Rule of Evidence 801(C). Federal Rule of Evidence 801(c) is the same rule, but explained perhaps just a little more clearly:

    “Hearsay” means a statement that:

    (1) the declarant does not make while testifying at the current trial or hearing; and

    (2) a party offers in evidence to prove the truth of the matter asserted in the statement.

    Notice that the hearsay rule focuses on the fact that the statement sought to be admitted was made outside of court and is being used to prove truth of what was asserted in that statement. For example, if Bill wants to introduce a letter (or affidavit) written by Amy that says "I saw Carl steal Bill's car" and Bill wants to use Amy's letter as proof that Carl stole Bill's car, that letter is hearsay because Amy's statement was in letter made outside of court and he wants to use Amy's statement as proof that Carl stole Bill's car. And because that letter is hearsay is not admissible as evidence unless some exception is found to allow it. See Ohio Rule of Evidence Rule 802. Instead, Bill needs to get Amy in court to testify in person that she saw Carl steal Bill's car. Note that the letter is not hearsay as you defined it because Amy's letter, like your affidavits, is stating what she herself saw. She is not stating what someone else told her. It is the fact that the statement was made out of court that makes it hearsay. Your affidavits would suffer the same problem. Sure, you saw what you attested to in the affidavits. But those statements were made outside of court and thus will end up as hearsay and not admissible. Instead, you have to testify in court as to what you saw if you want the court to consider that.


    Quote Quoting theunrealthing
    View Post
    The affidavit is my own testimony.
    The affidavit is your statement. It is not testimony. Testimony is what you give on the stand in court.

    Quote Quoting theunrealthing
    View Post
    Simply put -- my own affidavits recounting thing I witnessed first hand can be submitted with my complaint to substantiate my allegations.
    You might attach the affidavits to the petition but they are not required and won't do any good as the judge is not going to read them. In a request for an ex parte protection order the court sets a hearing — which you were given — and at the hearing the court wants to see the admissible evidence that supports your petition. That is where you prove your allegations. You don't prove them with the petition. The court apparently held the hearing on the ex parte request, denied it, and now has set the full hearing on the request for the permanent protection order. So you've gotten past the pleading stage (the submission of the petition and response) and thus any affidavits you attached to the petition would be irrelevant at this point anyway. You now have your opportunity to get the order if you prove what you need to prove at that hearing. If you want to succeed, you really need to get a lawyer. Your misunderstanding of the definition of hearsay illustrates you have not read and do not understand the rules of evidence. If you don't have a good understanding of those rules, how do you hope to get your evidence admitted and considered by the court? You can't just go in there and do what you want. There are rules for what evidence is admissible and the steps you have to take to get it admitted. What you are trying to do is like trying to play football when you have no idea of the rules of the game. How can you win if you don't even know the rules?

    Quote Quoting theunrealthing
    View Post
    The problem is that you didn't read that page very carefully. If you had, you would have realized that the discussion given there relates to law in India, not Ohio. The author quite clearly refers to Indian law and a provision of the Indian Evidence Act. It is therefore useless to you as it has nothing to do with law anywhere in the U.S., let alone Ohio, and it is Ohio law that matters to you in this proceeding. I have given you what Ohio law actually says about hearsay and that very much affects the admissibility of the affidavits as evidence in court.

  5. #15
    Join Date
    Nov 2015
    Location
    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,582

    Default Re: Deprived Due Process at Protection Order Hearing

    So...if folks here disagree...we're lying.

    Interesting.

    I'm not going to waste my time on this one. Nope. Going to drink my coffee. I had t switch to decaf.

    Sigh.

    I miss regular coffee.

    What would really be nice is a RICO Krispy Treat to dunk in my decaf coffee.
    "Where do those stairs go?"
    "They go up!"

  6. #16
    Join Date
    Sep 2017
    Posts
    495

    Default Re: Deprived Due Process at Protection Order Hearing

    Quote Quoting theunrealthing
    View Post
    When I labor on a 155 page stand alone type written document, I expect to be able to use it. I've been victim to 16 years of violent crime. A few paragraphs of handwritten text ain't going to do the job. I told them these few handwritten paragraphs could not form the basis for ruling on the case, and they refused to accept my alternative suggestion in violation of my right to effective counsel. As a result, my case was denied on "no specific allegations" supporting my claim for ex parte releif. I had attempted over and over again to get those "specific allegatinos" admitted onto record and they refused to accept them.

    If you don't see something wrong with that you're a moron. They omitted the entire case, yet pretended to rule on the case.

    I submitted a type written rebuttal with a request to amend the petition with the 200 pages of typed factual matter. Here's what happened when I complained about the due process breach -- I got the appopriate service -- they took my type written rebuttal on a nice MS Word template for legal documents, then had me sign it at the bottom, then they stamped it and submitted it into record. Just like a real legal complaint like you see on the internet. This is what they should ahve done with my 155 page stand alone document.
    You use it AT YOUR HEARING. Considering the fact that I was able to successfully get an ex parte hearing and a permanent restraining order without arguing with a court clerk, making sham legal threats to strangers on a message board, or act like a general psychopath, I won't take your "moron" comment to heart. You should also not reference legal documents you see on the internet as any sort of evidence with how your paperwork should be handled. Bless your heart.

  7. #17
    Join Date
    Sep 2010
    Posts
    19,599

    Default Re: Deprived Due Process at Protection Order Hearing

    Bless your heart.
    Spoken like a true southerner.

  8. #18
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Deprived Due Process at Protection Order Hearing

    Quote Quoting theunrealthing
    View Post

    I have the right to effective counsel. .
    yes you do so go out and hire yourself legal counsel. The clerk nor the judge or anybody else other than an attorney that has contracted with you to represent you is your legal counsel.

  9. #19

    Default Re: Deprived Due Process at Protection Order Hearing

    Quote Quoting jk
    View Post
    yes you do so go out and hire yourself legal counsel. The clerk nor the judge or anybody else other than an attorney that has contracted with you to represent you is your legal counsel.
    I already have caught the people on these boards in so many lies you're not credible. Every source I read says that you can attach a statement of facts to your petition. And even the petition itself has a box for that. What? that's inadmissible too? That's like an affidavit. I wanted to include a 'typed' statement in this box and they did not let me against my active protestations (right to effective counsel). They violated my rights plain and simple. You feed me lies I'll report you for conspiracy to kidnap me by aiding and abetting the perps through fraud (see USC 242). Trust me, their will be consequences.

    If they don't let me prove my claims when I CAN prove them then I've been deprived due process simple as that. And based on your statements -- my affidavits are admissible. I will go to court to reaffirm their veracity. You're lying through your teeth. Stop perpetrating the criminal offense your perpetrating.

  10. #20
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Deprived Due Process at Protection Order Hearing

    Quote Quoting theunrealthing
    View Post
    I already have caught the people on these boards in so many lies you're not credible. Every source I read says that you can attach a statement of facts to your petition. And even the petition itself has a box for that. What? that's inadmissible too? That's like an affidavit. I wanted to include a 'typed' statement in this box and they did not let me against my active protestations (right to effective counsel). They violated my rights plain and simple. You feed me lies I'll report you for conspiracy to kidnap me by aiding and abetting the perps through fraud (see USC 242). Trust me, their will be consequences.

    If they don't let me prove my claims when I CAN prove them then I've been deprived due process simple as that. And based on your statements -- my affidavits are admissible. I will go to court to reaffirm their veracity. You're lying through your teeth. Stop perpetrating the criminal offense your perpetrating.
    I didn’t address the attachment, did I? I don’t recall typing anything addressing the matter. All I said it you are correct that you have a right to counsel

    so go hire counsel

    1. Sponsored Links
       

Page 2 of 6 FirstFirst 1 2 3 4 ... LastLast

Similar Threads

  1. Termination: Can You Appeal a Protection Order After the Objection Hearing
    By 4CoopSake in forum Orders of Protection
    Replies: 7
    Last Post: 09-08-2017, 04:21 AM
  2. Establishment: How to Represent Yourself at a Civil Protection Order Hearing
    By lawfacts in forum Orders of Protection
    Replies: 1
    Last Post: 12-02-2016, 02:01 PM
  3. Termination: Do I Really Need a Lawyer for My Protection Order Hearing
    By bamaboi251 in forum Orders of Protection
    Replies: 1
    Last Post: 10-24-2012, 11:04 PM
  4. Appeal Process of a Sexual Assault Protection Order
    By debih in forum Orders of Protection
    Replies: 1
    Last Post: 03-14-2010, 01:27 PM
 
 
Sponsored Links

Legal Help, Information and Resources