Legal Advice and Question

Smoker1

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In the US (also in California), is it Legal to basically Blacklist someone from obtaining Legal Assistance? My Friend left her Abusive as hell Husband and Father of her 2 Kids. Then when she found out he had Legal Representation, she went looking for an Attorney for herself. But for some reason, all the Legal Teams she called all said the same thing. That him or his Legal Team contacted them for Advice, so they could not help her. All that is doing is making it so the Victim can not get help, so the Abuser once again gets away with shit, that the Victim is powerless to stop.
She was able to find an Attorney, but she does not do her damn Job right. Hearing Dates, Hearings, and Communication is crap. There was a Mediation Hearing that she did not even have the info for.

Now, how do you deal with the Abuser, who is a Correctional Officer, who messed with her head so bad, was so abusive (Physical, Mental, Verbal, Emotional), that he got you to turn to Drugs, and become Suicidal????? She has been clean for Years now, after a fall from her Home. I am thankful he did not drive her to successfully kill herself. But it seems like the Judge is accepting all his bullshit. She has done so many Drug Tests, even a Hair Test which he had no Authorization for, but Ordered it anyway, then after, said he did not Order it. And no matter what Evidence or Sworn Statements she Produces that Proves what she has been through is true, it either does not get put into Evidence, or gets Disregarded.

How do you deal with this kind of corrupt shit???? It is like everything is being done so my Friend will Lose her Children, and lose the Case.

EDIT - Also, is it Legal to Force a Mother out of her Home, who had 80% Custody of her 2 Children, within 30 Days, but due to the Covid Pandemic, could not afford to, so the Judge chose to take her Children away, give them to the Abuser, then told the Mother to leave the Home within 24 Hours, all because she was not sure about the CA Covid Eviction Protections that were in place.
Not to mention, they were Separated for about 10 Months, but he never paid any kind of Child Support, or helped to make sure the Bills were Paid, when they were also in his Name.
 
Last edited by Smoker1, , Reason: More Information

FAST6191

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While not presently sitting in the US then I will still do the I am not a lawyer bit, much less one in California which is its own kettle of fish. While there are many sides to many stories (to say nothing of perspective of the judge which is also something to consider) then assuming it is as you wrote.

Contacting all the legal representation in a geographic area such that they are unable to represent someone (lawyers being required to advocate for the best interests of their client can not serve two masters over the same issue being the thought process) and thus that someone has less chance of representation is a breach of ethics (especially for a lawyer, and I would not be surprised for a corrections officer as well, regular police would often be expected to know better, but don't know what goes there) and something a good judge will look very unfavourably upon. If you (though try to find a lawyer that can speak to the others as there are questions you might not be able to ask here or know whether a simple statement is OK or whether a proper affidavit is needed) can demonstrate this then that would be something to do.

I assume this is family court which makes life harder, and if your legal representation is not on form then even more fun ensues.

I have not read the eviction moratoriums for CA (or further afield if it is federally directed) and don't know what is in place still though nowhere I else I have seen (and I sort of follow real estate) has lifted them just yet. I am also unsure what this home is -- if it is a marital home then most places the spouse will inherently have some interest in it and that makes eviction a harder thing still, though I am not sure it is from what is written there (if someone has 80% custody is that a legal agreement from a prior divorce or just practical realities?). If it is a separate thing then what the judge is doing ruling on what is an agreement with other parties I don't know, unless it was some strongly worded advice that being delinquent on rent is not a great look.

"And no matter what Evidence or Sworn Statements she Produces that Proves what she has been through is true"
Quality of evidence is a fun one here. Sworn statements are something to have but if it is ultimately "he said, she said" then gets tricky, should those statements be from police called to domestics, visits to doctors and other things along that sort of line (hard evidence as well) then that is another.


If it is as you say then sounds like it is going to be a bad situation and it is already way down the track which makes it harder still to do much about, even more so if kids are mixed up in it* and "the best interests of the child" are involved (by the way do they have an advocate of some form?). Get complete copies of transcripts and files from the lawyer to keep personally/in a safe place as you might have to appeal** something down the line, and most family court things also have scope to revisit at a later date (though often in front of the same judge which is not ideal if this one is not so hot). If she wants to keep a journal then while not as useful as a transcript for many purposes could help, especially if looking to maybe demonstrate incompetence on the part of her lawyer for something). Ditto get any lack of support, especially if said support was put into some form of legal agreement, also noted for future use. If the hair test was ordered then the lab that did it might well have a record of that, and also why you want transcripts.

*you and I have a business deal go bad and we can battle it out over years, get the press involved, drag each other through the mud... and almost treat it as a sport. Harder here for obvious reasons.

**no easy feat, when you say evidence then do make sure it is submitted as trying to introduce things on appeal is hard (trying to introduce it later in the case is also not going to be easy), and very rarely do such things result in a new hearing/trial.


Short version. Sounds like a rock and a hard place scenario. Get transcripts, note all relevant events down you can, don't lie and prepare to probably lose in the short term, and then come back later. If she had a bit of money and a good lawyer then there might be more, though if this would involve going after a sitting family court judge... yeah.
I would also say for your part losing your kids tends to be a pretty rough thing so if she found solace in chemicals before then be wary of it happening again when it drops -- a relapse will not look good when back in court in 6 months to revisit things.
There are charities dealing with abused partners that also have lawyers and legal advice available. Might be worth seeing what goes with one or more of them. Sooner if you can (whether you will get a change of counsel or just another party in your legal team) as there might be something they can do while it is active that is harder after it is concluded, and help them to help you by having transcripts, files and whatever else available to show them if you can.
 
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Foxi4

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Never ask for legal advice on an Internet forum, 99% of people online are not qualified to give you relevant and accurate advice, the remaining 1% are lawyers, out of whom maybe 0.01% would be willing to give you some for free, 0.1% of whom are licensed to practice in your specific state - your odds of making a big mistake are high. Contact citizens advice or a solicitor.
 

Smoker1

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Well, thank you for the 2 Responses, but it turns out my so called "Friend" was just making things up, Lying, Using, Manipulating People into believing her "Side" of everything. Even going as far as showing around a Video of her youngest Daughter, saying her Husband made that Video, when CPS and Police determined he had nothing to do with it, and even CPS Determined the Children were told what to say about their Father. She is also still involved with Drugs, and has People doing her Urinalysis for her.

Question: If a Judge tells you to do 2 things, and you disregard both, that would be Contempt of Court, and Disregarding a Lawful Instruction by a Judge, correct?
Same thing with trying to get a Investigation on someone by making up accusations, would be Defamation, Lying to Law Enforcement Personnel, wasting Police Resources, giving false Information, and if I am correct, Perjury, correct?
If someone even makes a False Police Report against someone, it is 1 Year Statute of Limitations, but if it is addressed prior to the cutoff, can it still be used against the Person?
 

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Well, thank you for the 2 Responses, but it turns out my so called "Friend" was just making things up, Lying, Using, Manipulating People into believing her "Side" of everything. Even going as far as showing around a Video of her youngest Daughter, saying her Husband made that Video, when CPS and Police determined he had nothing to do with it, and even CPS Determined the Children were told what to say about their Father. She is also still involved with Drugs, and has People doing her Urinalysis for her.

Question: If a Judge tells you to do 2 things, and you disregard both, that would be Contempt of Court, and Disregarding a Lawful Instruction by a Judge, correct?
Same thing with trying to get a Investigation on someone by making up accusations, would be Defamation, Lying to Law Enforcement Personnel, wasting Police Resources, giving false Information, and if I am correct, Perjury, correct?
If someone even makes a False Police Report against someone, it is 1 Year Statute of Limitations, but if it is addressed prior to the cutoff, can it still be used against the Person?
You wouldn’t be held in contempt of court because you’re not actively disrupting a court proceeding. Depending on the jurisdiction, “lying to law enforcement” or “wasting police resources” may or may not be punishable. Defamation is notoriously difficult to pursue legally because you must be able to present monetary damages resulting from unlawful action, even if the court rules in your favour. Your case seems convoluted - contact citizens’ advice or a solicitor.
 
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Smoker1

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Yeah, it is a Complicated situation. She Lied in Small Claims Court, to get the Judge believing her. Already dealt with that, and also gave all Evidence to her Husband's Attorney and sent it to that Court Judge as well including a Sworn Statement. So just playing the Waiting Game.
 

Marc_LFD

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Man, that sounds like a complicated and confusing mess. If it were just her, she could get her stuff and live somewhere else where he wouldn't know, but since there's kids involved she can't do that. And, if she owns the house/apartment that's another reason to stay and fight for it.

Hope for the best.
 

Smoker1

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Man, that sounds like a complicated and confusing mess. If it were just her, she could get her stuff and live somewhere else where he wouldn't know, but since there's kids involved she can't do that. And, if she owns the house/apartment that's another reason to stay and fight for it.

Hope for the best.
She was lying the whole time, Man. Just saying and doing whatever she could to get People to buy into her BS, and trying to get back at her Husband for wanting to Divorce her for her Drug use, and screwing around on him, even by trying to label him a (Censored) Child S-ual Pred, when the Police and Social Services determined he did not do anything. Social Worker even confirmed the Kids were told what to say about their Father. There is a Video she had been showing around of her Daughter, claiming the Father made it. Based on the Information I have of the whole thing (more than likely missing Details, but...), either the Daughter did the Video trying to be cute, not realizing it would be inappropriate with the Mother trying to pin it on the Husband (Issues with that Theory), or the Mother did that Video to try and get it on the Husband, possibly with help from someone else or others in the House at the time (would not put it past her). So yeah, she is messed up. I have a accurate Description of how she is, but a lot of it would not be allowed to be Posted due to a few Expletive Words.
 
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futures

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OP .. IMHO, you should distance yourself from matters that clearly do not personally affect you, where no one appears to be in any immediate danger, and appear to be going through the appropriate legal avenues by the parties involved. Ask a mod to close the thread, move on and make more or better friends.
 

Smoker1

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OP .. IMHO, you should distance yourself from matters that clearly do not personally affect you, where no one appears to be in any immediate danger, and appear to be going through the appropriate legal avenues by the parties involved. Ask a mod to close the thread, move on and make more or better friends.
I spent over $2500 to try to help her in her "Situation", trying to help her get her Kids back, and help her get into a Apartment. I did everything I could to help and Support her, and it was all because of Lies. Plus she made me feel so Guilty about 1 incident, I was considering harming myself. Turns out she had mind F***ed others as well. Not to mention a few other items where if she keeps it up, she is going to get someone killed, either them hurting themselves, or someone else getting Killed.
 
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Marc_LFD

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I spent over $2500 to try to help her in her "Situation", trying to help her get her Kids back, and help her get into a Apartment. I did everything I could to help and Support her, and it was all because of Lies. Plus she made me feel so Guilty about 1 incident, I was considering harming myself. Turns out she had mind F***ed others as well. Not to mention a few other items where if she keeps it up, she is going to get someone killed, either them hurting themselves, or someone else getting Killed.
That much? I stopped trusting to lend money to family members, never mind strangers.

Like Future said, distance yourself from her. She's clearly toxic and unstable, and not your responsibility.
 
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impeeza

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It's legal, not ethycal, but is legal, your friend only option is seek outside the area. generally the lawyers outside your area what can work in that area will cost a lot more. is a intimidating tactic.
 

chrisrlink

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You wouldn’t be held in contempt of court because you’re not actively disrupting a court proceeding. Depending on the jurisdiction, “lying to law enforcement” or “wasting police resources” may or may not be punishable. Defamation is notoriously difficult to pursue legally because you must be able to present monetary damages resulting from unlawful action, even if the court rules in your favour. Your case seems convoluted - contact citizens’ advice or a solicitor.
fun note on defamation never slander/accuse someone while in Japan you'll get burned with a lawsuit you'll 100% lose (even if the statement of slander is 100% fact) you'll get hit for damaging that person's honor pretty fucked up imo but then again you'll go to prison for 5 years for using a damn gameshark so yeah i believe it
 

futures

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I spent over $2500 to try to help her in her "Situation", trying to help her get her Kids back, and help her get into a Apartment. I did everything I could to help and Support her, and it was all because of Lies. Plus she made me feel so Guilty about 1 incident, I was considering harming myself. Turns out she had mind F***ed others as well. Not to mention a few other items where if she keeps it up, she is going to get someone killed, either them hurting themselves, or someone else getting Killed.

Smoker1, from your signature, you clearly have bankable skills. It was a nice gesture, investing time and resources aiding someone who appeared to need help. This is no longer the case, take the life lesson and move on. It wouldn't be worth the hassle to attempt to get that back... it's peanuts compared to your own sanity :) . If the event really pissed you.. the best revenge would be to move on.. make a crap load more money and have the other person regret losing a good friend.

Gotta check out some of those cheats you've made :)
 

Foxi4

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fun note on defamation never slander/accuse someone while in Japan you'll get burned with a lawsuit you'll 100% lose (even if the statement of slander is 100% fact) you'll get hit for damaging that person's honor pretty fucked up imo but then again you'll go to prison for 5 years for using a damn gameshark so yeah i believe it
It is true that defamation in Japan is defined as alleging facts in public, and it does incur a penalty regardless of whether the alleged facts are true or not. With that being said, the truth is the best defense against a defamation suit - one can avoid punishment provided the alleged facts are revealed in the public’s interest and upon examination by the court turn out to be true. This law exists in the interest of the public - you saying that the local butcher is selling tainted meat is relevant to public health and, if true, you would not be punished. You saying that someone’s wife is sleeping around has no relevance to the public, so it was none of your business to comment on it, even if it’s true. A little too restrictive to my taste, but not as senseless as you might imagine. With that being said, this code does lead to a lot of frivolous prosecution.

https://kellywarnerlaw.com/japan-defamation-laws
 

chrisrlink

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i just read the article in theory of the "your wife is sleeping around" scenario the safety of public interest statute would kick in if she has an STD (that you yourself caught from her) so only in that instance would be protected and no charges will be filed
 

Smoker1

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i just read the article in theory of the "your wife is sleeping around" scenario the safety of public interest statute would kick in if she has an STD (that you yourself caught from her) so only in that instance would be protected and no charges will be filed
She claimed the Abscess she had on her happy area was due to her Autoimmune Disease. But based on the Information she gave me, it fits a Bartholin's Cyst. If left untreated, can cause Ecoli, and bacteria that cause sexually transmitted infections such as gonorrhea and chlamydia. Ways to prevent is Protection during Giggity, and washing your happy area. Based on other info, yeah, she was messing around, yet played me making herself seem perfect, that she was a "Good Girl", yet gave subtle hints, being a Tease at times, you name it.
 

Foxi4

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She claimed the Abscess she had on her happy area was due to her Autoimmune Disease. But based on the Information she gave me, it fits a Bartholin's Cyst. If left untreated, can cause Ecoli, and bacteria that cause sexually transmitted infections such as gonorrhea and chlamydia. Ways to prevent is Protection during Giggity, and washing your happy area. Based on other info, yeah, she was messing around, yet played me making herself seem perfect, that she was a "Good Girl", yet gave subtle hints, being a Tease at times, you name it.
Japanese law doesn’t apply to you - you’re subject to California law. You’re lucky in the sense that California has strong anti-SLAPP measures, along with other state-side legislation that makes it generally difficult to sue for such things. You’re unlikely to be prosecuted, particularly not if what you said wasn’t false. Regardless, you’re in way over your head - I’ll say it a third time, contact a lawyer.
 
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