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#120486 - 07/03/06 04:28 AM Re: Fathers Have No Rights In Macomb County, Michigan [Re: Gecko]
Outlaw_Wolf Offline
journeyman

Registered: 07/02/06
Posts: 82
Loc: St. Clair County, Michigan
Thanks Gecko for your reply also. This is something that I would like to do, but I have been told that there is a time limit for filing of 30 days Please correct me if I am wrong. Of course I am how would you say court illerate, I cannot figure out the forms and I can't seem to get anyone to help. I cannot afford an attorney either. I am open to suggestions here.
_________________________
The Outlaw Wolf - real name - Robert Magee

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#120487 - 07/03/06 04:30 AM Find.. [Re: Outlaw_Wolf]
gr8Dad Offline
Carpal \'Tunnel

Registered: 06/07/04
Posts: 31796
...a hitman that will take payments...
_________________________
Why give a "senior" discount, they have had plenty of time to raise the money...

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#120488 - 07/03/06 04:32 AM Re: The falacy of recusal... [Re: gr8Dad]
Outlaw_Wolf Offline
journeyman

Registered: 07/02/06
Posts: 82
Loc: St. Clair County, Michigan
Thanks gr8Dad for commenting as well. If there is one thing I can tell you about this judge is that he is not about to admit that he was wrong about anything, or that he is bias. The man thinks that he is GOD and he acts like it too.
_________________________
The Outlaw Wolf - real name - Robert Magee

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#120489 - 07/03/06 04:35 AM Re: Find.. [Re: gr8Dad]
Outlaw_Wolf Offline
journeyman

Registered: 07/02/06
Posts: 82
Loc: St. Clair County, Michigan
Thats just what I need gr8Dad. Seriously they have been expecting something like that from me so I don't think that I could pull it off
_________________________
The Outlaw Wolf - real name - Robert Magee

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#120490 - 07/03/06 03:55 PM Just Curious [Re: gr8Dad]
MamaKitty Offline
Pooh-Bah

Registered: 01/30/06
Posts: 1632
Loc: California
Hey- please don't think I'm criticizing you... I really am curious---

Are you legally allowed to print the names of other people who are involved in your fight? Is there any difference depending on what state you are in?

I say this, because the only other times I can recall seeing any specific names mentioned regarding divorce were ones where (I think) police were involved, and there was the obligatory 'alleged' this and 'alleged' that legal 'out's added.

Or is it more like you can print their names and only get 'in trouble' legally if they decide to sue? Or can they sue?

On this board, and every other one I've seen, people are so careful to use nicknames or initials, and to alter most identifying details, so I am interested in what the legal ins and outs are of actually identifying particular people. Maybe you're just braving it?

I think I might have seen a few people name names, but I think that was more 'after the fact', which I can understand (not legally, just on a more conservative bent), because although I do have some good revenge ideas about the eventual ex, I can imagine that if I was posting his name all over, he'd make things even uglier than he has, and besides, I'm not really the type to go after 'social embarrassment punishment' myself- though I know people who are.... but I certainly wouldn't identify my present atty unless I already had another atty securely in place... but even then I'm curious what I could post about them, in voicing my dissatisfaction in their services. Name, address, specific issues I felt they were incomptent with and the outcome?

Anybody? Where's a good place to get the scoop on how/when/how much/why regarding the legality of posting identifying details about other people, as well as what the 'norm' is, since it seems like the legality would only be enforced by a civil lawsuit?

And, OP, was there any concern on your part that if you named names it might actually hinder your efforts- or has it helped?

Too many questions, probably. Regardless, I do admire your guts.
c

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#120491 - 07/03/06 04:09 PM To Outlaw Wolf [Re: Outlaw_Wolf]
Gecko Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 20602
Loc: Third rock from the sun
Unfortunately, "ignorance of the law is no excuse" or so I have heard Judges say many times, but then again...they don't exactly hand out "manuals" in Family Law either so how in the hell are you expected to know the law?!?

Whether you can afford it or not, you're going to need an attorney. There are many out there who will allow you to start with a small retainer (like $500) and make payments. You'll need to have a copy of your divorce decree, copies of any correspondence related to the divorce and a copy of the transcript of the court hearing. You're also going to need witness testimony.

I can't stress enough that you are going to need an attorney...this is NOT some simple issue of law that you can argue yourself and draft yourself or even have a paralegal or attorney draft for you. You're dealing with a biased Judge and you're going to need a good attorney.
_________________________
If you air your dirty linen in public, expect people to comment on the skid marks!

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#120492 - 07/03/06 04:44 PM Re: Just Curious [Re: MamaKitty]
katiefedup Offline
Carpal \'Tunnel

Registered: 10/27/05
Posts: 11669
I was thinking the same thing

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#120493 - 07/03/06 08:45 PM Re: Just Curious [Re: MamaKitty]
Outlaw_Wolf Offline
journeyman

Registered: 07/02/06
Posts: 82
Loc: St. Clair County, Michigan
Hello again MamaKitty,

In no way do I think that you are criticizing me. Actually I am glad that you asked these particular questions, because everyone has the right to know these answers. Below is the response that I gave my X wife, her attorney and the Macomb County Court when they tried to have my blog suspended and my posts removed.

To Whom it May Concern:

As to the photographs of my children in the previous post's.

These are my children too, regardless of who has custody at this time.
The photo's in question were taken by me, which means that I hold the copyright's to them and I have the right to post them where and when I please.

As to the allegations of slander in the previous post's.

Let us get our terms correct.

A slanderous defamatory statement would be one which was false but made through oral communication by word of mouth, radio or television.

Libel is a defamatory statement made in writing.

Defamation is defined as an untrue statement which causes you to be held in contempt or ridicule and as a result causes you damages.

False statements which are made maliciously, in other words, those generated with the state of mind arising from ill-will or hatred, are more often to be held by the courts to be defamatory than false statements which are not malicious (such as simple jokes or something of that nature).

However, if the statement is true, there is still no defamation, regardless of what the personís state of mind was at the time.

A defamation case is a difficult kind of lawsuit to win.

The first amendment to the United States Constitution protects freedom of speech and the courts have set forth a complicated set of rules that are used to determine whether particular types of statements are protected by the first amendment, regardless of whether they are true or false.


The owners of Efx2 were behind me all the way. Below is the PM they sent me.

I was e-mailed today from ex-wife regarding your blog. Here is my response as well as her original message. I will not get involved or stuck in the middle of this matter unless ordered by the courts to do so. I would like to keep this issue private in order to avoid EFx2Blogs getting caught in the middle. Thanks for your understanding.

- - - - - - - -

Feel free to send me as well as the member Outlaw-Wolf a court ordered Cease and Desist letter pertaining to the slander claims and I will have the blog mentioned removed. Until then my hands are tied as long as he is not breaking the law. I will forward this message to the member Outlaw-Wolf and try to resolve the matter but I can't make any promises.

Keith

-----Original Message-----

The following message was sent to you via the EFx2Blogs Forums Contact Us form by Christine Mitchell.

--------------------------------

This is for the forum administrator I have a big issue with a site that you have posted on yours. The user is Outlaw-Wolf. That is my ex-husband who has not only slander me but my family as well on his site. And he has posted pictures of my children that he did not get permission do so. I want this man's site removed from your site or I will take legal action to put this to a stop. He has put things on his site that tell people where I live work and other things in my life that he has no right doing and if you monitiored your sites a little bite better you would look into some other sites that other members have on the blog as well. What some of these people talk about is unbelieveable. But I want this man site to be removed from your blog or like I said I will take legal action which I already have turned this over to my lawyer and knows of his site and what has been posted as well. I don't care if there is a freedom of speech or not this is my life and my childrens life that he is making nearly impossible to live. I expect a answer back on this matter. This is the site
http://outlaw-wolf.efx2.com/ Thanks Ms. Mitchell

Also as of January 2006 the President of the US has passed a bill which also states that if you post anything about anybody else you must use your real name or you could face jail time. Which is fine with me, I have no problem with people knowing who I am, but I have nothing to hide.

I hope that this is a satisfactory answer to your questions


Edited by Outlaw_Wolf (07/03/06 09:45 PM)
_________________________
The Outlaw Wolf - real name - Robert Magee

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#120494 - 07/03/06 08:47 PM If the words are spoken... [Re: MamaKitty]
gr8Dad Offline
Carpal \'Tunnel

Registered: 06/07/04
Posts: 31796
...it is referred to as slander, printed, it is liable. But there are some qualifying things that also must accompany this.

One, the statements must be FALSE, and the speaker or writer must be PROVEN to KNOW they were false. Also, the context of the conversation or written piece must be in a manner that people would believe this to be true, and consider the source reliable (this cover magazines such as Mad and National Lampoon for satirical pieces). Also, there must be a PROVABLE loss, either monetary or reputation, and if it is ones reputation, you must show where there was some kind of loss monetarily because of the damage to one's reputation.
_________________________
Why give a "senior" discount, they have had plenty of time to raise the money...

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#120495 - 07/03/06 08:50 PM Re: Just Curious [Re: Outlaw_Wolf]
Dee78 Offline
Carpal \'Tunnel

Registered: 06/02/05
Posts: 11820
Loc: TN
Whether it is legal or not, it isn't safe. You do realize that not only do people know what your children look like, they know where they live. How would you feel if they or any of these people you've given information about were killed, kidnapped, or harmed in any way because you have posted all of their personal information.

I'm betting that the owner of your blogsite wouldn't appreciate your throwing his name and address around either.

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