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I NEED THE WORLDS HELP!
I am writing to let the world know that i was in a 10 year domestic violence marriage. after the ten years.. i finally got the courage to leave.. i applied to the family court for an order of protection in which i received. this order of protection was basicly a piece of paper with my name on it. my ex husband was always violating this order by calling me 30 times a day, following me everyday
even breaking into my house on different occasions
everytime that i called the police to have him arrested, the officer would always tell me that everything that my ex husband was doing were accidents
he didnt mean them
. after about 4 months of this.. i finally got the courage to leave the county of herkimer
. i moved my children and i approx. 6 hours away
40 miles from canada. the state of ny stepped in and placed a neglect charge on me due to as they say
i allowed my beatings... and because of moving out of the county in which it was placed in
i violated that order
they proceeded then by removing my children
placing my son
back with his father
. the abuser
.. in which he has ran away twice because of wanting to be home with me
. he was then placed in care of his aunt
. my middle daughter was placed in the care of her father
in which he has over 15 years of domestic violence on records through state troopers
however.. no one will take the time to get these records even though i have told them that the state troopers will gladly hand over the evidence to them
. and my oldest daughter was placed with her father.. in which she has recently ran away twice
and wanted to come home.. but wasnt allowed.. she is now under pins and in a foster home
. the reason i write is because this has been an on going thing for the past 3 years
i have been in court month after month
trying to get my children home
to no prevail
it seems as though the abuser has more rights than we do
. he has more say litteraly in the court room than i do
i have come across many laws through nys.. stating that many of them have been broken
one such law
no child can be removed from a non violent parent when there is domestic violence involved
.. another law.. the state has only 2 weeks to put the children back in the care of the non violent parent
. it has now been 3 years
. also.. many other laws that have been broken
and a couple of my amendment rights
. i have checked with lawyers and the laws in which i have found that were broken
is a multi million dollar lawsuit
. and then when my kids turn 18
they too can come back and sue as well.. as their rights were broken too
. the only problem is that the lawyers that i talk too
want several grand down as a retainer fee
money that i dont have
as i can not work due to a tumor on my spine
one of the original workers that took my children away was shown by myself the laws
and actually ended up quiting her position
this only shows guilt
. i am not trying to sue just for money
im sueing because these people were wrong
these people have not only ****** up the last 4 years of my life.. but my childrens as well
i believe that if i actually get a lawsuit going
. my children will be home so much faster than what they are doing
.. the reason i am writing is because if you know of any attorney that will do a probono case
. i need to get in contact with them
. part of the money that i win.. will be sent to help other domestic violence parents
. whether it be a man or a woman
but especially to help those non violent parents together with their children
.. so.. please
repost this
and help me get the world to see my story
. i have written to many many people
senators
congressman .. even hilary clinton.. and they all tell me that there is nothing that they can do
. so.. that is why i am comming to you
. to ask you to repost this
thankyou soooo much
.. tammy
a heart broken mom
.. tammy
************* *************************************************************************** *************************************************************************** ************** yes.. i need your help!!! any and all comments welcome
. i am trying to get my story out because i do not find it fair that an abuser has the ability to have more rights than his victims
not only did i suffer those ten years that i was with that *******, having to lie to my family and friends due to having an even more violent expierence.. but now my children have to suffer
so please.. be sure to poste my site to all of your friends
i will keep you all updated with what happens at all of my court hearings
thankyou and god bless you all
tammy ************************************************************************* *********************************************************************
I was told by the courts that i had to do a domestic violence course, in which i did in 2005. it was a 6 week program. also i was told that i had to do a mental evaluation to show that i was sane to care for my kids. i did this in 2005 as well. i was given a 100 % passing grade on my mentality. the cps workers were given these documents showing that i did what the court ordered me to do
fighting to try to get my children home, the cps workers told the judge that they never received my paperwork.. this was false
because i myself gave it to them. it took me all the way to mid 2006 to finally get visits with my son. the picture above is a picture taken on that day. infact, it was early october 2006. about a year later, i finally got visits with my daughters as well. i was told by the judge that i had to do visits for 3 months in order to file for custody. 2 days before the day that i could filefor custody, the other family members went into court, wrote out lies on a paper.. gave it to the judge and once again.. my visits were stopped
. i have been back to court since.. and i was told to do my visits through d.s.s
. where there will be a cps worker there to babysit me and once those are done, i can then apply for custody. well, it has been almost 2 months since i have been contacting the department to set up these visits and i keep getting told that the lady who does the setting up of visits is not at her desk, can i have her call you back. to this day, i am waiting for many of these promised calls. i finally got a hold of them the other day and screamed that she better put my message in bright yellow highlight because i have been calling for months and no one has ever called me back!!! she said.. ok.. and still in yet
im still waiting for that call for my visits. i have taken the time to write to the judge. i feel as though everything that i have done is only being held up by others not doing their jobs. this is not fair
my kids lives and emotions are what are on the line in all of this
. and im getting really pissed off!!!!!! the only reason why the lies were brought up is because, i told these people in the begining when i finally left
. i dont want child support.. buy their school clothes and if there is something through out the year that i need and cant afford, then i will ask you to help
just dont **** with me and dont stop being a daddy. i originally had full custody of my children
. but if you **** with me or stop being a daddy, im going after every penny that i can take. well.. they have all told their lies and have taken my kids away. so.. i am after every penny that i can take.. due to this, they know what they are in for
they are all worried
especially the aunt of my son who receives $250.00 and welfare help for my son.. she is the instigator for the lies brought forward. i know that the money is a big thing for her due to her going from a full time job to a part time job and she is scared that she wont get that money and will have to go back to work full time
..
below are some laws that i have found on the internet. please read through as there are so many of them that were broken on my childrens and my behalf
nicholson v. scoppetta (case) a district court found in 2002
by placeing children, routinely voilated the rights of mothers whose only crime had been to be beaten by their husband or lover. judge jack b weinstein wrote that citys failure to train its child welfare caseworkers in domestic violence matters and the inappropriate placements resulted in widespread and unnecessary cruelty by agencies of the city
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forced mental health evaluations you who are going through cps trauma and family interference should know better than anyone that mandated, forced mental health evaluation is an intrusive, distressing process. it is a violation of your right to privacy under the 4th amendment. this followed the new hippa that keeps your closest relatives from being able to ask your doctor how you are doing. people who truly need mental health services have a way of identifying themselves and they are already getting services. forced mental helath evaluations and forced medications are not needed for every child and adult in the u.s. population. this is about government control, not about helping and not about freedom. m. dennis paul, phd
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bill number a2724 if either parent has an order of protection against the other parent barring contact between the parent and or child, shared parenting shall not be a custodial option. if either parent has been convicted of abuse, including but not limited to, domestic violence and sexual abuse against either the other parent and or the child, shared parenting shall not be a custodial option.
. quilloin v walcott (1978) a due process violation occurs when a state required breakup of a natural family is founded solely on a best interests analysis that is not supported by the requisite proof of parental unfitness. 434 u.s. 246, 255 (1978)
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10th circuit 1997 the forced seperation of a parent from child, even for a short time.. represents a serious infringement upon the rights of both
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the exact text of the 4th amendment the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and ther person or things to be siezed
title 18, u.s.c. section 242 deprivation of rights under color of law it is a crime for any person acting under color of law, statue, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the constituion and laws of the u.s. punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprision up to ten years or both, and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse or an attempt to kill, shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death
.. jb v. washington county (10th cir. 1997) the forced serpation of parent from child, even for a short time; represents a serious infringement upon the rights of both child and parent
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lenz v. winbutn (11th cir. 1995 the fourth amendment protection against unreasonable searches and seizures extend beyone criminal investigations and includes conduct by social workers in context of a child neglect/abuse investigation
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746 f 2d 1205, 1242-45; us ct. app 7th cir wi 1985 the due process clause of the 14th amendment requires that severance in the parent-child relationship caused by the state occus only with rigorous protections for individual liberty intersts at stake. the parent-child relationship is a libery interest protected by the due process clause of the 14th amenedment
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. murphys v. morgan, 7th cir. (1990) brokaw v. mercer county, 7th circuit(2000) children have standing to sue for their removal after they reach the age of majority. parents also have legal standing to sue if cps violated their 4th and 14th amendment rights. children have a constitutional right to live with their parents without government interference. a child has a constitutionally protected interest in the companionship and soceiety of his or her parents. ward v. san jose, 9th circuit (1992). state employees who with hold a child from her family infringe on the familys liberty of familial association k.h. through murphys v. morgan, 7th cir. (1990)
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.. it is illegal and unconstitutional practice to remove children which results in punishing the children and the non offending parent. in a landmark class action suit in the u.s. district court, eastern district of new york, u.s. district judge jack weinsein ruled on nicholson v. williams. case no. 00-cv-2229. this suit challenged the practice of new yorks administration for childrens services of removing the children of battered mothers soley because the children saw their mothers being beaten by husbands or boyfriends. judge weistein ruled that the preactice is unconstituional and he ordered it stopped
. doe et al, v. heck et al (no. 01-3648, 2003 us app. lexis 7144) the u.s. court of appeals for the 7th circuit recently ruled that child abuse investigations held on private property unconstitutional
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cps can not do anything with out your approval!!!! decision of the 7th circuit court of appeals found that this practice, i.e. the no prior consent interview of a child, will ordinarily constitute a clear violation of the constitutional rights of parents under the 4th and 14th amendments to the us constituitoin. according to the court, the investigative interview of a child constitutes a search and seizure and when conducted on private property without consent, a warrant, probable cause or exigent circumstances, such an interview is an unreasonable search and seizure in violation of the rights of the parent, child and possibly the owner of the private property. the mere possiblity of danger does not constitue an emergency or exigent circumstance that would justify a forced warrantless entry and a warrantless seizure of a child. (hurlman v. rice, 2nd cir. 1991)
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. in conneticut jill zuccardy, a lawyer involved in the suit against the city, said progress for victims of domestic violence and their children had already been achieved. the federal lawsuit, and yesterdays state ruling amounted to a wake up call for child welfare agencies across the country. it says youd better listen to domestic violence agencies or you will wind up being sued.
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october 27th,2004 new york states highest court ruled yesterday that child welfare authorities cannot take children from parents and place them merely because they have been exposed to domestic abuse in the home. they have violated this law!!! they did take my kids from me!!
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