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  1. #1

    Default Deprived Due Process at Protection Order Hearing

    My question involves court procedures for the state of: Ohio

    I filed a motion for a protection order (with an ex parte hearing) on October 3rd 2018. The court staff trampled on my due process rights by refusing to admit my extended type-written affidavits and case summaries, as well as a USB drive with hard evidence into record. These material omissions in violation of 18 USC 1000 (fraud, false statements) may have led to denial of ex parte relief and made me look incompetent to the judge.

    The ship is now sailing full speed ahead to the full hearing on November 1st 2018 and it appears they are setting me up to fail with the same problem (base the decision on 1-2 paragraphs of chicken scratch on a court form to make me look in competent when I keep waving a large box of affidavits and evidence saying 'here, here, here! this is what you need to be responding to!'). The respondents could possible file a motion to dismiss with prejudice (or something akin to that) based on a few lines of chicken scratch when I have evidence that proves them guilty beyond a reaonsble doubt that the court clerk refused to let me use.

    In short, I'm in fear they're going to dismiss my case by basing the ruling entirely on a few lines of chicken scratch when I told them over and over again that I had detailed statements that were type written.

    I filed a motion for reconsideration today with the judge. I informed him that material facts were omitted from record maliciously by the court staff, despite my attempt to intervene and catch the error. I advised the judge to either throw the case out and have me refile, or to amend the original petition by admitting my evidence onto record.

    I am now waiting for his response to my motion for reconsideration.

    I'm pissed. This bitch at the clerk of courts did major damage to my claims, and set me off on the wrong foot, weakening my case from the start, since we're now at the 'need to amend' stage when there would have been no need to amend if they did as I said and attached my type written documents and evidence. She forced this injury knowingly even after I raised the issue with her, requesting that she attach my type written affidavits to the chick scratch document, which began with the statement "see attached affidavits w/ summary," which should have made it clear the few sentences of chicken scratch were not to be relied on.

    An addition question: I had drafted the protection order motion as a stand alone document (modeled after an injunction, and based on the a number of .pdf examples of standard court forms). I was under the impression I would get this submitted to the courts and have this respected as the motion, just like a formal civil 'complaint.' Can I file a motion to throw the case out and refile and then get them to accept my type written document as the stand alone petition? It appears they can do this, since just today they accepted, had me sign, and stamped off on my type-written "motion for reconsideration."

    This is bullshit. I want this clerk arrested, my life is on the line and she tried to steal it from me by omitting evidence and factual matter against my will and then having us proceed to the final hearing where only a few sentences of chicken scratch are being used to evaluate the merits of my claim. Now the respondents only have the contest a few lines of chicken scratch and not a 150 page affidavit plus a supplementary 50 page factual matter document, plus a mountain of evidence on a USB disk. The clerk tried to rob me of my life and she is going down. It appeared she was trying to fraudulently induce a 'dismissed with prejudice' style ruling by making me look like a moron. I want this women arrested.

  2. #2
    Join Date
    Mar 2013
    Posts
    17,775

    Default Re: Deprived Due Process at Protection Order Hearing

    I'm so sorry to have to say this but you are so unbelievably clueless.

    A petition for a protective order is a local civil matter and federal code has nothing to do with it.

    And when you file a petition with a court to do anything you don't attach your evidence to the petition, you present your evidence at the hearing.

    The clerk did nothing wrong to you. You just messed it all up yourself.

    There is nothing for the judge to reconsider (though I suppose he has the option of doing so). You'll have an opportunity to fix this at the Nov 1 hearing. By then I hope to heck you get yourself a lawyer to help you through this so you don't mess it up again.

  3. #3
    Join Date
    Jul 2018
    Posts
    109

    Default Re: Deprived Due Process at Protection Order Hearing

    No help was needed to make you "look incompetent"!

  4. #4
    Join Date
    Sep 2017
    Posts
    495

    Default Re: Deprived Due Process at Protection Order Hearing

    I also hope you aren't making threats like this anywhere that could land you in trouble. She's "going down" for not letting you attach 50 pages of evidence to a petition for a protection order? Ok then. My original petition was the standard blank form that I got from the court, not a pdf I found somewhere and tried to make on my own. I guess it looked like chicken scratch since it was just the dates and events listed, but when I showed my evidence in court, I was granted the order. If you go in acting as crazy as you sound right now, they will probably grant one AGAINST you.

  5. #5

    Default Re: Deprived Due Process at Protection Order Hearing

    Oh boy -- like there's not a pattern of fraud on these boards. It's blatantly obvious I could attach a type written affidavit to this motion. This is so obvious as to be presumed. She said she could attach it but that she did not want to because she would have to scan it all into the system and that they might not want my affidavit "public record."

    Why would I present a 155 page affidavit as evidence at a hearing. This is the factual matter that forms the basis for the claim. Are they going to read the affidavit at the hearing? That's ridiculous man. You ain't making sense. Keep lying. All your lies are being tracked.

    I have the right to effective counsel. I could have done better, and they made me do worse. I told them the chicken scratch was not to be relied upon and that's what they did.

    Keep harassing me on these boards. I'm documenting evidence, and yeah you're guilty.

    If you think the federal code is not binding on state actors your're wrong. You lied through your teeth.

    Violations of federal constitutional rights are binding against state actors. See below. You're a moron. You're clueless.

    Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—
    (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
    (2) makes any materially false, fictitious, or fraudulent statement or representation; or
    (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;
    shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.


    Federal polices state. FBI polices local police. U.S. DOJ can prosecute state actors with constitutional violations and violations of due process. Keep lying and you'll go down too.

    Quote Quoting adjusterjack
    View Post
    I'm so sorry to have to say this but you are so unbelievably clueless.

    A petition for a protective order is a local civil matter and federal code has nothing to do with it.

    And when you file a petition with a court to do anything you don't attach your evidence to the petition, you present your evidence at the hearing.

    The clerk did nothing wrong to you. You just messed it all up yourself.

    There is nothing for the judge to reconsider (though I suppose he has the option of doing so). You'll have an opportunity to fix this at the Nov 1 hearing. By then I hope to heck you get yourself a lawyer to help you through this so you don't mess it up again.
    A petition for a protection order implicates the 14th amendament since life, liberty property is on the line. 18 USC 242 applies. If the judge denies a protection order the person is at risk for deprivation of life liberty property without due process. the only idiot here is you.

    Yeah you come to the rescue for the perps and commit more victim tampering offenses. They're all being counted. Do you actually think I can't see through what you did there?

  6. #6
    Join Date
    Jul 2010
    Posts
    7,858

    Default Re: Deprived Due Process at Protection Order Hearing

    Aaaand out comes the cray-cray.

  7. #7

    Default Re: Deprived Due Process at Protection Order Hearing

    Quote Quoting PMMH
    View Post
    I also hope you aren't making threats like this anywhere that could land you in trouble. She's "going down" for not letting you attach 50 pages of evidence to a petition for a protection order? Ok then. My original petition was the standard blank form that I got from the court, not a pdf I found somewhere and tried to make on my own. I guess it looked like chicken scratch since it was just the dates and events listed, but when I showed my evidence in court, I was granted the order. If you go in acting as crazy as you sound right now, they will probably grant one AGAINST you.
    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.

  8. #8
    Join Date
    Oct 2014
    Posts
    7,824

    Default Re: Deprived Due Process at Protection Order Hearing

    Quote Quoting theunrealthing
    View Post
    My question involves court procedures for the state of: Ohio

    I filed a motion for a protection order (with an ex parte hearing) on October 3rd 2018. The court staff trampled on my due process rights by refusing to admit my extended type-written affidavits and case summaries, as well as a USB drive with hard evidence into record. These material omissions in violation of 18 USC 1000 (fraud, false statements) may have led to denial of ex parte relief and made me look incompetent to the judge.
    First of all, there is no section 1000 in Title 18 of the U.S. Code. If you meant 18 U.S.C. 1001, that section applies to false statements made in a matter in which the federal government is involved e.g. false statements made to a federal agency, Congress, or to the federal. Your order of protection is a state law matter, so the federal laws on false statements does not apply. Moreover, refusing to take your affidavits and other material is not the making of a false statement anyway.

    Second, in an ex parte petition (it's not a motion but rather a petition) for a protection order you don't attach your evidence to the petition. Instead the court schedules a prompt hearing and you present your evidence in the hearing. And the evidence needs to be in a form that is admissible in that hearing. The ex parte hearing focuses on whether the other person poses an "immediate and present danger". If you fail convince the court that there is an immediate and present danger it will deny the ex parte order but schedule a full hearing later in which the other party will get a chance to defend against the petition. That's evidently the stage you are at now. Again, the court does not want to see your evidence before the hearing. You present it at the hearing. Your evidence must be admissible evidence and you must take the proper steps in court to get it admitted into evidence. Those affidavits you have are hearsay evidence and hearsay evidence is generally NOT admissible. Instead, you have to have the person show up in court to testify so that the other side gets the opportunity to cross-examine them. You have to know how to lay the foundation for your evidence, how to get your evidence admitted, and how to make the argument to the court that the evidence you provided meets the requirements for granting a protection order. Most nonlawyers do not know how to do those things and thus they end up doing poorly in court when representing themselves. Your post indicates to me you do not understand the rules of civil procedure, the rules of evidence, or the rules that apply particularly to protection orders. If you want to succeed in this, get a family law attorney to represent you before you get to that hearing. The court clerk is not committing any fraud against you here, and going into court claiming that will only make you look clueless.

  9. #9

    Default Re: Deprived Due Process at Protection Order Hearing

    Lol -- you are lying through your teeth. The Victims's testimony of first hand things that happened is hearsay? Looolol! Throw out every case ever prosecuted! Lol. You're a moron dude. Don't post non-sense on message boards. I have enough evidence to sue the entire free advice community under rico as a tampering and intimidation apparatus.

    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.

  10. #10
    Join Date
    Sep 2010
    Posts
    19,590

    Default Re: Deprived Due Process at Protection Order Hearing

    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.

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