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Post by TheFilez on Sept 8, 2010 13:58:09 GMT -5
I can not for the life of me get a witness that is willing to testify. My lawyer doesn't want to use someone that is unwilling to testify. I need two witnesses, one that knows she was cheating on me before the injunction and the second that is a witness and helped me restrain my wife when she attacked me with a metal bar.. I'm going through the pre-trial paperwork for tomorrow right now...The witness that witnessed the attack did not open her door with thirty attempts by the server so she did not take it and did not need to appear in court. This happened during the injunction. My wife now has her immigration papers and witnesses are still unwilling to testify!! I hope they get the subpoena this time, I hope my lawyer can squeeze some truth, but I am not optimistic..What do you think?
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Post by Jim on Sept 8, 2010 16:18:26 GMT -5
Sounds like you can't even rely on them if they were actually served a subpoena, they probably wouldn't show or speak well anyways and avoid the truth. Sounds like you need to change your strategy a bit.
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Post by Harrison on Sept 9, 2010 14:18:36 GMT -5
Assault with a deadly weapon!!! If the witness will not testify they could be considered an accomplice or with holding evidence........
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Post by Jim on Sept 9, 2010 14:46:42 GMT -5
If there's police reports etc of this happening, thats all you need. I'm wondering if you can get her to admit this attack on the stand Filez? Somehow?
If there's no police report, the witness can still be considered heresay for the most part unless you can get your ex to admit to this incident in some way, shape, or form on the stand....
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Post by TheFilez on Sept 19, 2010 2:11:16 GMT -5
Nope, I'm screwed again. It is a mind set. It makes me feel like I'm going insane. I try to think of what is best for the kids, but the problem is truth, it is not used in court, as long as you can tell a lie under oath with a straight face, you are pretty much the winner. It starts with the injunction, then it is used in divorce court. Then comes the judge, can he/she see through the lies? It does not matter, it will always have influence on decisions. Here in Florida Circuit Judge William Parsons denies injunction and woman is afterwards murdered, he is taken off the bench. Was it his fault, or was he listening to those who were falsely accused in the past? It is the fault of the petitioners commiting fraud. If the fraud could be eliminated the problems would be resolved. Blame those that continue to commit fraud.
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Post by TheFilez on Sept 19, 2010 2:14:41 GMT -5
I am still trying to find a post from some lawyer dumb ass that says that injuntions and divorce are two different situations and injunctions will not be used in divorce and in custody issues.
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Post by Harrison on Sept 19, 2010 14:23:46 GMT -5
I don't know what to tell ya Bro. Damn Jim is the man to talk with and my guess is referr to the matearial posted. cause with all my love the paper work in FL is different. An injuction WOW really!!!!!!! Thay's playin' lo
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Post by Jim on Sept 20, 2010 21:13:44 GMT -5
The way the courts are today they can use whatever they want to use at the time. At the end of the day the judge is 100% responsible for any thing and everything in his rulings. But it doesn't seem to stop any of the corruption.
I would definantly have to study your case files to fully understand what you are dealing with Filez......and your right, truth is VERY SELDOM ever used to determine court orders. I can't think of one case that I can recall where someone was actually punished for purgery in family court.
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