Wonderbread Kustomz Posted October 13, 2014 Author Posted October 13, 2014 Before you show up in court, take the time to write down timelines and the action you took to try to find your father. If he wasn't in your life growing up, chances are he never paid child support, something worth mentioning to the judge. Detail what has happened since you made contact with your Dad, with information from other family members who have been a part of the experience, and the impact on your life since contacting him. Regardless if he has a medical condition, mental defect or is suffering from dementia, the agony and expense he has put you through is a shame and should not be allowed to go on. Not sure what the standard is for filing these claims with the court are, but if you can explain that he is in the wrong, he could be charged with false claims. You might want to contact the public defender or legal aid department of the county in Tennessee to see if they can help you with your defense. Maybe if you show up with a lawyer your father will see things differently and the nonsense will come to an end. Finally, if he has some financial resources and filing a lawsuit to recover your expenses for these false claims is a possibility, you should consider what is most important to you. Yes, he has caused you great pain (emotional and financial), but it will continue with your lawsuit, so sometimes it is better to "cut bait" and go on. I learned a long time ago it is best to move on and be the "better man", despite what we might feel in the heat of the moment. I wish you a belated Happy Birthday and more importantly, the best of luck with this latest drama. Mike, thank you for taking the time to reply... I've already been thinking these things out... I do agree to just cut bait... It's not worth it... I am however going to file for a restraining order against him.
Wonderbread Kustomz Posted October 18, 2014 Author Posted October 18, 2014 yes, and my father wasnt notified of the court date since i was served out of state... so now i go back on Nov 6th... they gave me a court appointed attorney who reminds me of a skinny Chris Farley....
Wonderbread Kustomz Posted October 18, 2014 Author Posted October 18, 2014 I really need to vent.... Im scared , nervous, angry, and worried all at the same time.... When I got there, the judge never called my name... So when he asked if anyone was here whos name wasnt called, I stood up, gave him my name, and gave him the papers that were served to me... The court screwed up and never notified him of the court date... So the judge had to reset a new date... He automatically told me he was assigning an attorney to my side of the case... This attorney.... let me just say, is not exactly one of the good ones... Which I know thats generally how the courts work when they give you hand me down lawyers... He did call the phone number that my dad claims I called from which again, was from a different state than where I reside and have a phone number in... The phone rang twice and then all this beeps and sounds came... sounded like a fax machine .... So hes going to trace the number and then talk to my dads attorney to share with him that information and see if they can come to an agreement to keep the restraining order, but drop the violations... My attorney thinks my dad has a few screws loose... yes, he does.... The judge set a new date and asked me if I was aware that if I was found guility of the violations that I would serve ten days per violation.. which is thirty days due to three violations... I did see him throwing forty day sentences and then saying that the prosecuting attorney agreed to let those go with a warning that if they were to come before him again on violating restraining orders they would serve the initial term plus any new terms... My attorney feels I am no way in violation due to the fact that i have proof of residing in Florida, and that my number is a Florida number, and I have a witness.... So Im just praying that alll goes well.... But Im preparing for the worst case scenario...
slusher Posted October 18, 2014 Posted October 18, 2014 I really need to vent.... Im scared , nervous, angry, and worried all at the same time.... When I got there, the judge never called my name... So when he asked if anyone was here whos name wasnt called, I stood up, gave him my name, and gave him the papers that were served to me... The court screwed up and never notified him of the court date... So the judge had to reset a new date... He automatically told me he was assigning an attorney to my side of the case... This attorney.... let me just say, is not exactly one of the good ones... Which I know thats generally how the courts work when they give you hand me down lawyers... He did call the phone number that my dad claims I called from which again, was from a different state than where I reside and have a phone number in... The phone rang twice and then all this beeps and sounds came... sounded like a fax machine .... So hes going to trace the number and then talk to my dads attorney to share with him that information and see if they can come to an agreement to keep the restraining order, but drop the violations... My attorney thinks my dad has a few screws loose... yes, he does.... The judge set a new date and asked me if I was aware that if I was found guility of the violations that I would serve ten days per violation.. which is thirty days due to three violations... I did see him throwing forty day sentences and then saying that the prosecuting attorney agreed to let those go with a warning that if they were to come before him again on violating restraining orders they would serve the initial term plus any new terms... My attorney feels I am no way in violation due to the fact that i have proof of residing in Florida, and that my number is a Florida number, and I have a witness.... So Im just praying that alll goes well.... But Im preparing for the worst case scenario... James I understand you need to vent. I don't think you will serve any time if everything does not go in your favor. The jails are full and with a 30 day sentence would be suspended or serve 20 percent witch is 5 days. Now that was the worst. I don't think anything will come of it since you live out of state and have a witness. The judge also knows you don't want to come back. Anyone can accuse you of something but the have to prove you did something wrong. I really believe you ok man. Hang in there...
southpier Posted October 18, 2014 Posted October 18, 2014 the old man may just be busting your chops. he probably will not show next time either.
bobthehobbyguy Posted October 18, 2014 Posted October 18, 2014 James sorry to hear that you were the victim of the courts incompetence and you have to go back. Cannot say why you are going through this ordeal but there is a reason. I have had things happen that I did not understand at the time but down the road they made sense. I am pulling for you. Hopefully things will start going your way.
Wonderbread Kustomz Posted October 18, 2014 Author Posted October 18, 2014 Thanks guys... Bob, I agree, things do happen for a reason... I talked to one of my family members and she told me that he is nuts and that he should be ashamed of himself for putting me through all this... then i found out that when I was about two or three years old, i was having problems and a doctor tried to diagnose me with cerebral palsy and after that, my father didnt want to have anything to do with me and that was one of the main reasons why my parents divorced..
bobthehobbyguy Posted October 20, 2014 Posted October 20, 2014 In your other post you mentioned that your father has stage 4 cancer. Do a google search on stage 4 cancer and delirium. Sounds like what is happening with your father. If so you need to find out how to get the court to evalusate your father. As long as the court deems him competent he will be able to claim you are violating the restrainig order. Hope this helps.
mikemodeler Posted October 20, 2014 Posted October 20, 2014 James, I understand that your court appointed attorney is probably not the best out there but work with him. Get him details and timelines, family contacts who have had run ins with your father, etc. so he can see for himself that this is not a normal person (your father) you are dealing with. If there are medical issues with your father, make sure he is aware of those as well because like Bob stated above, that could be causing some of this. Best of luck and keep us updated. Hopefully either your father fails to show and the charges are dropped or he is found to be filing false charges and the tables are turned.
disabled modeler Posted October 20, 2014 Posted October 20, 2014 Having to have the family pet put down on my birthday 2 years ago.
Wonderbread Kustomz Posted October 20, 2014 Author Posted October 20, 2014 Thanks guys... Mike, I am working with my attorney... Im gonna call him tomorrow to see what he has to say , because he is gonna talk to my dads attorney to see about dropping the violations and just keeping the restraining order... Ill keep everyone updated on this mess...
mnwildpunk Posted October 20, 2014 Posted October 20, 2014 (edited) I am pulling for you we are all in this together wishing you the best if ya need anything let us know I've learned the model car community is a tight knit one and we will do as much as we can to help you out even if its just emotional support Edited October 20, 2014 by mnwildpunk
Wonderbread Kustomz Posted October 21, 2014 Author Posted October 21, 2014 Thanks Dave... I appreciate that bro....
1930fordpickup Posted October 21, 2014 Posted October 21, 2014 Just being able to vent on here helps you out. You will never know how many people have been in your shoes until you start to talk about it.
mnwildpunk Posted October 23, 2014 Posted October 23, 2014 True I was sort of there this past February
Wonderbread Kustomz Posted October 23, 2014 Author Posted October 23, 2014 Pm me if you need anything Thanks bro... will do... Just being able to vent on here helps you out. You will never know how many people have been in your shoes until you start to talk about it. yes it does... and yes, youre right about that one...
Tom Geiger Posted October 26, 2014 Posted October 26, 2014 (edited) James, the fact that the two attorneys are talking is a good sign. The legal community is small and everyone knows everyone. No doubt they both know the case is stupid and are talking about how to get this done and over with the least amount of grief. Many years ago a bad cop got hold of my 26 year old wife, and when she refused his passes, issued 9 points worth of tickets to a person with no violations on their record at all. For reference, you lose your license for 12 points, so this was over the top. We hired a local attorney who had the right connections. He had clerked under the sitting judge, was friends with the prosecutor and knew the Chief of Police. He came back and told us that the cop in question had a bad reputation already, and nobody involved in the case wanted to move it forward. We went to court and when my wife's name was called, the prosecutor stood up and said "My office will not prosecute this case." The judge knew this was coming and said, "Case dismissed." The cop jumped up and started yelling and the judge told him to sit down and shut up. Classic. They flushed this guy out within a year of this case. They caught him stealing merchandise from a store where he answered an alarm. Let's hope yours goes as well. No doubt this was done with the full cooperation of the judge, prosecution and Chief of Police, because they flushed this cop out within the year. Edited October 26, 2014 by Tom Geiger
Wonderbread Kustomz Posted October 28, 2014 Author Posted October 28, 2014 Thanks Tom.... Ill PM you and let you know what happened...
Wonderbread Kustomz Posted November 9, 2014 Author Posted November 9, 2014 went to court and the judge reset the hearing for next month.... my father is representing himself and when the judge said I was being charged with four violations, my father said there were three more... judge asked if he filed them and he said no, so the judge asked him why he didnt file them and then made him go downstairs to file the violations... so now I have 6 in total and its hilarious because he is claiming I had his mail service stopped which I didnt... I have the confirmation letter from the USPS with my first and middle name on there so his claim is invalid... and the number he claimed I called from is registered to some lady named Irene in California and the number is a fax number... Im to the point that I dont care anymore, Im tired of having to go back to Hooterville because anyone can make false claims... wasnt gonna even post this up on here, because of a few folks who are members on this forum who seem to find joy in bad things that happen in my life... but I could care less and those people just dont have anything better to do and like they say, those who talk bad about you arent happy with their own miserable life so they try to make you miserable...... thats alright because I can just smile and say Bye Felicia... thanks to those who sincerely have been interested in this bs I am dealing with and for the helpful advice you guys have given me...
bobthehobbyguy Posted November 9, 2014 Posted November 9, 2014 Thanks for the update. Sorry to hear you are getting screwed by the court and your father. Hoping for a speedy resolution to this so that you can get on with your life. Shame on those who take joy in your hardship.
Wonderbread Kustomz Posted November 9, 2014 Author Posted November 9, 2014 thanks Bob... I appreciate it... the judge wanted to resolve the three violations the same day, but my father insisted on having the additional ones added and tried on the same day... the funny thing is, he was at court since 9am according to the judge and the case was being held at 130pm... so if there were additional violations, why did he wait until the hearing in the afternoon to say something...
southpier Posted November 9, 2014 Posted November 9, 2014 'cause he ain't right in his head - aren't you reading the replies?
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