cupidsgym1
journeyman
Reged: 07/25/07
Posts: 60
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My stbx has filed an ex parte order preventing me from returning to my home and barring me from seeing my daughter. Yeah, she did a pre-emptive strike borne of a hissyfit one day. She has alleged a laundry list of actions on my part, 99% of which are total BS. What's interesting is she has played the drug card along with everything else. She is alleging I smoke dope to an excess as well as indulge in a myriad of illicit prescription drugs as well. Fact is, we BOTH used to puff on the laughing tobacco - that's it. And after a while we altogether quit. Why would she introduce a stalemate situation when she knows the very same charge can be leveled against her? And how does one prove the other did it? My attorney had me screened. I'm clean. So we both end up in court pointing the finger at each other on that one. Where's it go from there?
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Drew
old hand
Reged: 07/30/07
Posts: 1017
Loc: somewhere more familiar
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Nowhere as long as you are clean. I just went through two years (lots of other issues) and 7 screens of one type or another. Hair and or urine. In my case, as long as someone was requesting, the judge was ordering.
Let it go and work with verifiable, validated evidence. Move on to issues you can prove without any doubt and let her waste her time and efforts on a dead end.
I have to add that the power of an allegation was strong with our judge but without any proof, it is still just an allegation. Evidence, proof, especially with credible witnesses is what rules in a courtroom.
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"living, learning, from my creator. you gave me life now show me how to live" c. cornell
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Relayer
Carpal \'Tunnel
Reged: 03/13/07
Posts: 9506
Loc: Moorglade Mover
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The judge will order drug testing for both of you if one asks for it. She can't just ask for herself BTW..if you object..
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GO CUBBIES!!!!
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Drew
old hand
Reged: 07/30/07
Posts: 1017
Loc: somewhere more familiar
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Oh no, don't object, just take them/submit them etc. I at one point told my atty. that I wanted x to start paying for mine everytime they were clean. They can get expensive, especially the hair follicle (almost $200.00 a pop for me) but my atty. said the more attention I brought to it the more the judge was likely to have suspicions. He called it being overly defensive.
If you are clean, you have nothing to worry about, just do it if and when the judge orders it and move on.
The judge will operate on a good for goose is good for gander principle as Relayer stated. Guess what? My x had a positive on one of her own screen requests!
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"living, learning, from my creator. you gave me life now show me how to live" c. cornell
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Relayer
Carpal \'Tunnel
Reged: 03/13/07
Posts: 9506
Loc: Moorglade Mover
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Quote:
The judge will operate on a good for goose is good for gander principle as Relayer stated. Guess what? My x had a positive on one of her own screen requests!
Irony at its finest Drew.
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GO CUBBIES!!!!
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Drew
old hand
Reged: 07/30/07
Posts: 1017
Loc: somewhere more familiar
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Yup! And HOW!! Made me happier than an exceptionally gentle fellow in a prosthetic male genitalia factory!!! :b
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"living, learning, from my creator. you gave me life now show me how to live" c. cornell
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cupidsgym1
journeyman
Reged: 07/25/07
Posts: 60
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It's gone way beyond that now. My wife and her mother planted several covert cameras and listening devices around the house and then had authorities come in and 'discover" them. They confiscated it all, took pictures and are bringing ME up on federal charges. They aim to steal my daughter from me one way or another. If the drug card doesn't work, then they'll see me in the slammer. They're vicious and underhanded. I don't know what the hell to do to prove I didn't place those devices. She also went out and got a bag of weed and planted that also. I got it coming both ways and I didn't do any of this. How and I gonna prove my innocence. I am feeling really lost right about now.
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almostheaven
Carpal \'Tunnel
Reged: 07/13/04
Posts: 10468
Loc: West Virginia
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Well on the cameras, who's fingerprints are they going to find on them? It should be a question your attorney brings up. As for the weed, it will look "convenient" to the judge, based on the cameras and on you testing negative. It would likely be discarded by the judge.
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Char Fox
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Drew
old hand
Reged: 07/30/07
Posts: 1017
Loc: somewhere more familiar
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Have you ever been in any trouble before?
Speak to your atty. about inference.
You said "the" house. The family residence or yours?
A good attorney ought to be able to beat this up.
Why would you plant these devices to incriminate yourself?
Did they or can't they get fingerprints off of that bag?
On the other hand, if you are on tape/video doing things that are illegal/unacceptable behavior in the presence of your child or that would speak of your character/parenting abilities etc. in a negative, why should you have custody?
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"living, learning, from my creator. you gave me life now show me how to live" c. cornell
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cupidsgym1
journeyman
Reged: 07/25/07
Posts: 60
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There is only one camera they may find my prints on and that is the one I placed in my own bedroom (we sleep apart) for my own protection as she is violent and I needed to catch her in the act. But she saw this an opportunity and expanded on the theme and made it look like I was taking covert pictures of her AND my daughter. Yeah, the weed may look convenient, but she is really playing up this camera thing and she is also citing me as a totally drugged out psychotic and is telling the judge that I am not fit as a father to ever see my daughter again. It's all a lie. I don't know what to do.
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Renee
Carpal \'Tunnel
Reged: 06/02/05
Posts: 4022
Loc: The Palmetto State
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Who bought the cameras would be an interesting answer also. If there's a way to find out who purchased the things I'd try for it. See if your atty can find out the make/model, research local distributors and resellers, and find prices. If you're getting any financial discovery try matching up the costs with items on the bank stmts.
You never know... you could get lucky....maybe stbx would be foolish enough to buy with ck or cc from a mutual acct?
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cupidsgym1
journeyman
Reged: 07/25/07
Posts: 60
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No, never been in trouble before. The house in question is our house. She planted the cameras to make it look like I was taking pornographic shots of her and my daughter. I am not sure what "inference" refers to. I have to get access to those camera items in evidence, take down serial numbers, model numbers, etc. and see if I can trace them to local electronics stores where they could have purchased them and see if there is a paper trail.
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Drew
old hand
Reged: 07/30/07
Posts: 1017
Loc: somewhere more familiar
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CG1,
I have never been in trouble. Suddenly over the course of the last couple of years I began to be investigated for everything from receiving and concealing stolen property to selling drugs. It became such a common occurence for the police to pull up in front of my house that they would start apologizing to me. I was arrested several times, only to subsequently have the charges thrown out and later expunged. In my case most of this was anonymous, all the way down to the DHS investigation.
My atty. went to the judge with inference. We could infer that I was being attacked/victimized based on the time tables. Forty years without a hitch and now all of a sudden I have become a monster overnite. All of the anonymous charges against me could be inferred to have been initiated/brought about by her.
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"living, learning, from my creator. you gave me life now show me how to live" c. cornell
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cupidsgym1
journeyman
Reged: 07/25/07
Posts: 60
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I admitted to one and only one camera. That is the ONLY thing they will find my prints on. All the rest was handled by her or her accomplice(s). She knows a guy who works at Circuit City, a great place to shop for all your covert camera frame-up jobs. I wish they would dust those items and find her prints on 'em. As of our hearing on Monday, the Court still believes I was the one who planted the cameras, though. You see, the whole camera issue is being investigated separately by the sheriff's department. That is a pending federal charge I am told.
And how about this: my stbx has an illness that could prove fatal. What happens if she is incapacitated or outright croaks while this whole thing is in Court? Can I expect her parents to swoop in and steal my daughter, citing the charges against me render me an unfit dad? (See North Carolina Issues)
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