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OMW
September 26, 2007
1:43 am
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mamacinnamon
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I think contacting the prosecutor is an excellent idea. You might want to see if you can press stalking charges thru the court.

Free: I know it is more work and it it more time, but cut the bum off at the knees. Hit him right where it hurts and that is in his cow's pocket book. I'm surprised she isn't tired of him spending the money on YOU.

If you don't mind I might like to do a little pokin around in your statutes myself. I need to letters tho so I'll know where to look.

Let me know ok

September 26, 2007
10:58 am
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mamma

California

thanks for your support mamma, and OMW.

free

September 26, 2007
5:56 pm
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mamacinnamon
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Free:

OK, this may be a wild hare of an idea but here we go.

File a Motion for [Ex Parte] against your ex on the grounds of stalking thru the courts and of harming you by causing you to spend the little bit of money you have for the kids on court costs, attorney fees, filing fees, loss of time at work, loss of your sole income, missed time at work due to your nerves which could put your job in jeopardy, etc. Then file a Motion to [Quash] to keep him from filing agaist you in the future. Ask for it to run for 5 years based on the fact that he files suit against you every time a new judge is voted into office and also he files so often causing the circumstances listed above(plus whatever you can add), and because he commits perjury by lieing on the Motions he files with he Court. (copy and hilight each lie in every document he has filed.) Be sure to list every time he's filed including Pet., Resp., Case No. and Name of Motion.

This will be a lot of work on your part getting the documentation ready, but if you can pull it off it will get him off your back for awhile; hopefully till the last child turns 18. Call your attorney and ask her about this, but before you do look up the words in the legal dictionary I put [ ] around and the statues I am printing also. I don't know your whole circumstances so you will have to do some digging also.

I know this is a big task if it can even work or happen, but just think of the peace you can have if it were to go thru. Argue w/ your attorney if she tells you that you cannot do this. Tell her you need to know what you can do then and do not take "nothing" as a final answer. That may be the final answer but don't accept it till you have left no stone unturned.

Here are the statutes to look up: http://www.womenslaw.org/CA/CA_statutes.htm#527.6

I do hope this helps. Let me know if you need further help.

🙂

September 26, 2007
6:50 pm
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on my way
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free, mamac,

I just read 527.6 from your link above...this is PERFECT, absolutely applicable here!!

free, print out this statute so you will have it for a reference, either email it or mail it or show it to your attorney. As far as I can tell, this statute covers him and the effect it is having on you, in a nutshell.

How're you doing?

September 28, 2007
7:30 pm
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Hi mamma and OMW

Okay. checked all this out. Prosecutor is looking into it, problem is that defense attorneys have perfected the art of defending against perjury, which is why it is so seldom prosecuted. The claim I have can be defended against. Seems so cut and dry to the layperson, but in a court of law it is not.

The restraining order I possess is the most powerful the courts offer as it's a 10 year criminal restraining order- the most powerful in all the court systems. he has the right to file civil lawsuits- to deny him this right is to take away his judicial and civil liberties and that's not even done to felons in prison- they file lawsuit after lawsuit continuously.

so...I'm just gonna have to toughen up a bit and deal with this I think.

I'm worried about an order forcing one or more of the kids to go for numerous reasons, and I'm jut gonna have to figure out how to let that worry go.

As far as how I'm doing- pretty good actually, work is nuts right now and spare time I read about the whole conspiracy thing- really gotten into that- it's interesting.

I talked to my friend at length and that was cool- on the phone. I miss her.

thanks to both of you so much

free

September 29, 2007
12:55 am
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mamacinnamon
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Free:

To the lay person maybe. I worked in law for years. That was years ago, but law is in my heart so I keep up on it. OK you have the best restraining order you can get. Is it against stalking? Seems to me a second one on stalking would help you in keepin him off your back. Also, if you don't want to file a restraining order then go ahead and do the Motion to Quash. Ok, take purgery out and you can still file a Motion to Quash based on the number of times he files, your loss of work, your cost your loosing which limits your income and could ultimately bring a close to your job for time missed, the time you miss out on w/ your kids, etc, etc, etc.

You do what you feel best, but if you want to get him to not file against you so often and get him off your back you need to take aggressive action . Is it gonna tick him off? Hell yes it will. The goal is not to spare his feeling or to keep you walking on egghells and losing your health. The goal is to get you just what you claim you want and that is freedom. Your choice hon.

If I can be of any further assistance just hollar. That is why I am here.

September 29, 2007
2:13 am
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Hi mamma~

Yes, the restraining order resulted from him being tried and convicted of stalking.

"Stalking through the courts" is the new one that these psychos have come up with, and it's legal. Mamma, stalking is relatively new- when I first filed for divorce it wasn't even on the books. It came about kuz of the celebrity - I forget her name, being stalked and murdered. When I first filed for divorce, it wasn't there, and he was doing it, did it for about 4 years and finally he got nailed.

Anyhow.

the motion to quash- I will look into that.

I'm not worried about his feelings- I'm so over that.

I am concerned with how much energy I want to give this- the stalking trial and all that led up to it was horrendous, on my entire family and my friends, as well as co-workers. Stalking is a very nasty crime. They are relentless and without conscience.

Thanks mamma- I really do appreciate it, and I don't want to sound in the "learned helplessness" position- my take on the law and how much it can help is that it can't really help much at all, I have to handle things on my own.

I need to find a different perspective I feel.

But I will certainly look into the Quash motion more in-depth.

hugs to ya

free

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