Tuesday, July 29, 2008

Gross Miscarriage of Justice: Filing A False Domestic Violence Petition

"A government is the most dangerous threat to man's rights: it holds a legal monopoly on the use of physical force against legally disarmed victims."
--Ayn Rand

If you are either wanting to get married or are married and possibly facing the prospect of a divorce soon, you need to prepare yourself for this eventuality.

One of the early tactics, in a divorce proceedings, and is pretty much standard operating procedure, is the filing of a petition for an Injunction Against Domestic Violence which sets the stage for further injustices to be heaped on the target spouse. From the statistics available as to the number of them filed, it is the weapon of choice with a majority of women, usually on the advice of their lawyer.

To show how simple it is, here is an answer by a Florida lawyer to a question asked about the procedure:

Q. How Do I Get a Domestic Violence Injunction?

A: You must go to the local courthouse and see the clerk of court. The clerk will give you a document to fill out, called a Petition for and Injunction Against Domestic Violence. A Judge will look at your petition within the next few hours and sign it if you are actually in danger. After the Judge's signature, the Domestic Violence Injunction is active. The court will schedule a hearing two weeks in the future. You must attend that hearing if you wish the Injunction to remain in effect. The person whom the Injunction is against gets a chance to appear and fight the injunction.

You can read more about the Florida Injunction for Protection process. The procedures are probably pretty similar from state to state.

In this process, the spouse [usually the man] against whom the injunction is filed is kind of a helpless spectator in a process over which they have no control. It is all done on an ex parte [by one side] basis without a chance to defend themselves until the hearing in several weeks.

Not only is the injunction filed against you without any chance for your defending yourself, but once it is granted by the judge there is another serious negative aspect that will really frost your cojones if you are one of the many proponents and participants in the 2nd amendment right to own and bear arms. For you to possess a weapon when under an injunction....it is a federal crime!

Here is an excerpt from the Florida Bar Journal article:

Civil Orders of Protection and the Prohibition of Firearms Possession

"In 1994, the Violence Against Women Act’s amendment to the Gun Control Act of 1968 made it a federal crime for a person who is subject to a qualifying order of protection to possess, ship, or receive a firearm or ammunition which has been shipped or transported in interstate or foreign commerce.8 A “qualifying” order means that the court order must be issued after a hearing where the restrained person received actual notice, and where the person had an opportunity to participate.9 Basically, a qualifying order conforms to basic concepts of due process.­Further, the court order must restrain the person from harassing, stalking, or threatening an intimate partner or child of such person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child.10 Additionally, the court order must include a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or by its terms explicitly prohibit the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury." [Read the entire article]

What to do if falsely accused

Fighting false allegations of abuse:

Give no statement to any authority or any person, even a friend, until you have talked to legal counsel. your only statement should be "I DEMAND TO SEE COUNSEL" Nothing you say will be used to help you, only hinder you. Do not hold ANY conversation in a jail. KEEP YOUR MOUTH SHUT. Do not agree to any polygraph other than a private one set up by your attorney. Later ,upon your attorney's ok, when asked by any authority to take a polygraph say "only if you first give the accuser one to determine whether the allegations are false and after that only if you guarantee in writing that if I pass the test you will drop any investigation of me and prosecute the accuser for filing a false police report." (They never agree to let a polygraph help you, only to hurt you!)

How can you protect yourself in this situation? One of the things you can do is to simply plan on it happening and preparing a get-out-of-town safety-net fund and/or a credit card that no one knows about [from which you can cover your expenses when you are removed from the house] and that are hidden away for this occurrence. Don't be caught unaware!


Do you think your spouse has hidden any assets away? Or, have you hidden some away and wonder if they are safe from detection? Now you can find out what you need to know with this how-to manual.


Thursday, July 24, 2008

Cohabitation Supportive Relationships: Defining The Intent Of The Legislature

“A husband and wife ought to continue united so long as they love each other. Any law which should bind them to cohabitation for one moment after the decay of their affection would be a most intolerable tyranny, and the most unworthy of toleration.”
--Percy Bysshe Shelley

The state of Florida's cohabitation statute section 61.14(1)(b), Florida Statutes (2005) leave a lot to be desired in what actually defines a supportive relationship. Not only that, but there are no firm guidelines from which a judge can make an informed ruling.

As a result, most all challenges to this statute by plaintiff's seeking to terminate or reduce alimony have been unsuccessful as further indicated by the below case.

Here is a portion of the statute:

(b)1. The court may reduce or terminate an award of alimony upon specific written findings by the court that since the granting of a divorce and the award of alimony a supportive relationship has existed between the obligee and a person with whom the obligee resides. On the issue of whether alimony should be reduced or terminated under this paragraph, the burden is on the obligor to prove by a preponderance of the evidence that a supportive relationship exists.

2. In determining whether an existing award of alimony should be reduced or terminated because of an alleged supportive relationship between an obligee and a person who is not related by consanguinity or affinity and with whom the obligee resides, the court shall elicit the nature and extent of the relationship in question. The court shall give consideration, without limitation, to circumstances, including, but not limited to, the following, in determining the relationship of an obligee to another person:

a. The extent to which the obligee and the other person have held themselves out as a married couple by engaging in conduct such as using the same last name, using a common mailing address, referring to each other in terms such as "my husband" or "my wife," or otherwise conducting themselves in a manner that evidences a permanent supportive relationship.

b. The period of time that the obligee has resided with the other person in a permanent place of abode.

c. The extent to which the obligee and the other person have pooled their assets or income or otherwise exhibited financial interdependence.

d. The extent to which the obligee or the other person has supported the other, in whole or in part.

e. The extent to which the obligee or the other person has performed valuable services for the other.

f. The extent to which the obligee or the other person has performed valuable services for the other's company or employer.

g. Whether the obligee and the other person have worked together to create or enhance anything of value.

h. Whether the obligee and the other person have jointly contributed to the purchase of any real or personal property.

i. Evidence in support of a claim that the obligee and the other person have an express agreement regarding property sharing or support.

j. Evidence in support of a claim that the obligee and the other person have an implied agreement regarding property sharing or support.

k. Whether the obligee and the other person have provided support to the children of one another, regardless of any legal duty to do so.

By placing the burden on the obligor [person paying alimony], it has been made difficult if not impossible for the obligor to prove a supportive relationship. This is due to frequent misrepresentations by the obligee [person receiving the alimony], and reluctance to admit or provide any evidence as to their having a supportive relationship. If they did admit it, they would most likely have to forfeit any future alimony welfare payments. Knowing this, they have an incentive to be less than truthful to the courts.

In the Florida 4th DCA case of Linstroth v. Dorgan, 4D07-1493 (Fla.App. 4 Dist. 6-11-2008), Justice Farmer, in his dissent starting on page 6, provides an interpretation of the legislature's intent that provides a better guideline for judges to follow. While the dissent can only be quoted for "persuasive" purposes and not as a precedent, it does provide an indication of how the courts will be leaning in the future.

* Nevada judge accused of demanding royal treatment
* Judge's changing story is suspect
* Update: State Supreme Court reprimands Ziegler in unprecedented ruling

* Judge Hall, Post-Star Team Up To Deny Fair Trial Rights
* NY High Court Upholds Judge's Removal for Jailing 46 for Ringing ...

Do you think your spouse has hidden any assets away? Or, have you hidden some away and wonder if they are safe from detection? Now you can find out what you need to know with this how-to manual.


Friday, July 18, 2008

Can A Matriarchal Society Survive??

A sexual revolution begins with the emancipation of women, who are the chief victims of patriarchy, and also with the ending of homosexual oppression.
--Kate Millett
In the quote above are the words of one who reveals that feminists strategy is based on sexual control of the patriarchs . People who buy into their line of reasoning have little knowledge of the factors that built our civilization into what it use to be and will contribute to the destruction of the family in our society. If you think this generation is falling apart now, wait until they grow up under a matriarchal influence and then watch the further destruction of the institution of marriage.

For those of you who are interested in Patriarchy vs. Matriarchy and whether one or the other is better, you might find this below website helpful in supplying some of the background information on this subject.

Here are a few excerpts:

"Ideologies driving current gender feminism have caused me to look at the foundations of our civilization. We have put in place draconian laws ostensibly to protect women that deny men every civil liberty ensconced in our Constitution and English common law. These laws punish the innocent and free the guilty, provide no discernible protection for women, often increase the level of violence, and destroy marriages and families wholesale.

The ideologues who promote these laws suggest that men are violent to support the patriarchy . They claim that to eliminate domestic violence and allow women to reach their full potential we must return to the ways of the Goddess and the ancient matriarchy. The premises of that ideology are certainly subject to debate....."

"...The development of reliable birth control roughly coincided with a movement in the 1960's we generally call "feminism" with the seemingly desirable goals of equal rights under the rule of law, equal opportunity in employment and education, equal protection under law, and protection from violence for all persons. These are laudable goals and few quarrel with them but there are those who believe they should have equal rights without the burden of equal responsibility...."

"......Today as a result of the hysteria generated by the radical feminist war cry of "Stop domestic violence!" the English-speaking world has passed incredibly draconian laws that deny men every civil right we have evolved over the centuries, and are destroying families wholesale. For example, one-third of divorces now involve allegations of domestic violence or abuse, virtually all of which are false. [Read more...]

South Ga. judge accused of misconduct to resign
Charges filed against Traffic Court judge


Back Support Payments To Be A Felony In NY:
"...Other state Senate proposals would make owing more than $10,000 in back payments a class E felony; enable county sheriffs to extradite those delinquents if they leave the state, and allow the state to suspend automobile registration privileges as well as driver's licenses."
Proposals like this are just adding to the long list of reasons that are deterring men from entering a marriage.

Panel Recommends Judge Be Removed

Don't Bother Me While I'm Sleeping

Be sure to visit these sites: www.abolish-alimony.org/ and www.alimonycentral.org

Participate in our Forum discussion group

Join the Alliance For Freedom From Alimony, Inc. to support the fight to abolish alimony. http://www.alimonyreform.org/membership.html

Click Here for divorce and alimony reference books to help you in your efforts.


Wednesday, July 16, 2008

New Book: A Spouse's Guide To Hiding Assets

A press release that just came to my attention seemed to be one that would be of interest to this Blog's readers. In that the family law industry is draining away the spouse's assets, there needs to be a way to prevent this. This book might be able to help you with that.


Panama Publishing, Inc. has recently published the Pro Se Self-Help Guidebook: "A Spouse's Guide To Hiding Assets" to their series of books to fill a void in the market that is comprised of people who need to know how to protect their assets from from being taken away by the family law courts.

This guidebook is for anyone who has ever wanted to find out about how assets can be "repositioned," how assets can safely be protected and "cloaked," how you can locate them when someone else has them, and what methods you can employ to find them.

There are essentially five periods when you absolutely need to concern yourself with the planning of your asset protection: before marriage, during marriage, before a divorce, after a divorce, and when you are facing a contempt of court hearing.

Protecting your assets is primarily concerned with finding legal and relatively easy methods to implement that are readily available and cost effective. Surprisingly enough, you don't have to resort to exotic and complicated remedies like going offshore to do so. Your other concern is being familiar with the basic laws that regulate what you are trying to do and to understanding how the courts view them.

Your goal is to make your assets "bulletproof" from the courts and as invisible as possible in order to keep them safe from outside attacks. You will find explained some entirely legitimate and commonly overlooked ways to protect your assets, some precautions to use, and very possibly, some considerations of which you weren't aware.

Link to book:

Panama Publishing's other self-help guidebooks were created specifically for the person who needs to face the family law court on a self-represented basis. With Florida used as an example, each of these guidebooks cover a specific topic such as:

How To Modify Your Alimony Payments
How To Lower Your Alimony Payments: Tips and Techniques
How To Defend Yourself In Contempt Of Court Hearings
How To Appeal In State Court Of Appeals

Even those readers who can afford a lawyer will find these books useful and informative. The guides are designed to help the parties involved in family law cases to learn about the process, procedures and paperwork involved with modifying alimony, contempt of court, and appeals. It can save them money by not having to have their lawyer spend expensive billable hours explaining things to them.

The material presented is given in an easy-to-understand layman's language and simplifies the details to where, in most instances, an individual might undertake their own case on a self-represented basis.

One of the unique facets about these guides is the ongoing and continuing support provided by the publisher's website for each book that, in effect, gives new and updated information to the book's chapter contents as it arises. This website support insures that the data in the guide books is kept current without having to publish revised editions.

You can read more about these books at the following sites:
www.panama-publishing.com or www.alimonycentral.org


Wednesday, July 02, 2008

How Can The Foxes Guard The Hen House??

"Experience hath shewn, that even under the best forms of government those entrusted with power have, in time, and by slow operations, perverted it into tyranny." --Thomas Jefferson

To see the arrogance and indifference some members of the Florida judiciary towards upholding the constitutional requirements of their office, their disregard for the federal laws and reluctance to chastise members of their own clan for their disobeying the wrongdoers, you just have to read this recent article from North County Gazette titled Judges’ Oaths Forged, Attorney Says Acts Void which says:
"Decency, security, and liberty alike demand that government officials shall be subjected to the same rules of conduct that are commands to the citizen. In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously. Our government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy.”


Judge on the hot seat

Judicial Independence Equals Nonaccountability?

Misconduct of Federal Judge Donald L. Graham

Judge DeLaughter may be suspended

SOMERSET CO: Misconduct charges filed against retired judge

Public choice or partisan picks: Selecting Judges in Virginia

Innocent Until Forced Guilty - This Could Happen to You!

Plymouth probate judge resigns following misconduct charges

South Ga. judge accused of misconduct to resign


Judge should step down

2007 a great year for NJ double-dippers


* Judicial sanctions to go online

* Prosecutorial (and Judicial?) Misconduct in Orange County

Be sure to visit these sites: www.abolish-alimony.org/ and www.alimonycentral.org

Participate in our Forum discussion group:

Join the Alliance For Freedom From Alimony, Inc. to support the fight to abolish alimony. http://www.alimonyreform.org/membership.html

Click Here for divorce and alimony reference books to help you in your efforts.


Tuesday, July 01, 2008

Should Alimony Die A Quick Death?

"Alimony - The act of giving comfort to the enemy."
--Abigail Van Buren


Below is an article of interest written by Dr. Helen Smith regarding her views on alimony. She says that "The time for alimony as we know it may have passed. No man or woman should be held to being a slave to an ex-spouse after a marriage ends."

Common sense indicates that it is an idea whose time has come. How can some women seek equality yet profess that they need a man to support them. Make up your mind, you can't have your cake and eat it too.

Ask Dr. Helen: Should Alimony Die a Quick Death?

Personally, I have a hard time justifying long term alimony payments to men or women in today’s society. Years ago, when one spouse (typically women) was expected to stay home with the kids, tend the house and generally had no training or as many opportunities to make a living as women do today, I would say that alimony might have been more fair. However, in today’s world, in which women have fought for the right to equality, alimony seems more like a kid getting an allowance from daddy and I believe it should be abolished altogether except for extremely dire circumstances where a spouse is older, cannot work at all, and for only a short term period. No man or woman should be held to being a slave to an ex-spouse after a marriage ends. That said, if we are going to have alimony laws, I believe that men and women should be held to an equal standard under the law. But apparently, many women do not feel that equality holds when they are the ones who have to take responsibility. [Read more....]

* They're Still Feminists


* More Judicial Misconduct

* Supreme Court removes Metro Judge

* EDITORIAL: Undermining the public trust

* 33 Ways RFID Has Invaded Your Life

* Microchip Banking Revolution: It has been one of the primary objectives of the banking industry to eliminate the use of coin and currency from society.

Be sure to visit these sites: www.abolish-alimony.org/ and www.alimonycentral.org

Participate in our Forum discussion group:

Join the Alliance For Freedom From Alimony, Inc. to support the fight to abolish alimony. http://www.alimonyreform.org/membership.html

Click Here for divorce and alimony reference books to help you in your efforts.