Next Page

1

Previous Page

Topic: Judge refuses to look at evidence

Created on: 05/28/18 04:53 AM

Replies: 4

PAUL5


Joined: 11/08/13

Posts: 2

Judge refuses to look at evidence
05/28/18 4:53 AM

I've been involved in a protective order case where the Plaintiff presented no factual evidence against me because there was none. She claimed there was a previous PO, and there wasn't. She claimed abuse but never raised that in any counseling we've been involved in. She claimed I wasn't paying any bills in the house, but ignored that I was paying over half of my income for mortgages. In any case, I provided 60 pages of financial documents as well as texts showing that there was no abuse and by the way the emails are written it was evident that she lied throughout the hearing. She did put on a good job crying, but I think it was due to my daughter, 22 year old, who instigated the matter, we don't get along unless she needs money. In any case, the evidence I presented in court was ignored, the judge said "I'm not going to read through 60 pages of evidence. Pick two pages and I'll look at them." I think I can appeal the matter and considering he prejudiced my case by ignoring evidence he striped me of my Due Process Rights. I filed a motion to vacate, but he changed it and ruled it was a motion for a new trial, which is wrong as by rule, in Maine it is called exactly what I called it a Motion to Vacate. As part of the motion I asked that I be able to present the clinical records as well as records of family counseling we have been going to because of my daughter.

Any ideas on how to approach this? I'm thinking about filing a motion to recuse then filing another motion to vacate. I was not even allowed to take any winter clothes with me, I live in NH and was put out in April and we had two snow storms after being put out with only the clothes on my back, another shirt and another set of pants. All I could take was the sneakers I was wearing and not even a winter coat. I've repeatedly asked to get access to the house, but have been repeatedly denied.

I've had to give up my guns, even though no criminal case was brought. Any ideas/input is appreciated.

Paul D

Link | Top | Bottom

JOSEPH36


Joined: 12/19/17

Posts: 18

RE: Judge refuses to look at evidence
09/06/18 12:47 AM

I'm rather new to this whole subject but I think that good solid authority cites should help you in your motions. I use scholar.google.com all the time and find it interesting to search for what I need. Judges hate to be appealed I think, so make sure you cite authorities to support your positions so they will know what to do to avoid being reversed on appeal.Give them something they can hang their hat on. Give them good reason to decide in your favor.
* Last updated by: JOSEPH36 on 9/6/2018 @ 1:07 AM *

Link | Top | Bottom

LEONARD8


Joined: 07/24/19

Posts: 1

RE: Judge refuses to look at evidence
08/05/19 12:41 PM

This very topic is one of the main reasons I looked for help & found this site.
My situation is similar. Spouse presents all imagined and fantastic claims. I present documentation to refute. Judge ignores me and in a ruling suspects me of undisclosed assets & income!
I find it incredulous. BUT now (via this course) that I know better I will rein the judge in.
* Last updated by: LEONARD8 on 8/5/2019 @ 12:43 PM *

Link | Top | Bottom

CHRISTIAN7


Joined: 03/02/20

Posts: 1

RE: Judge refuses to look at evidence
03/07/20 8:38 PM

Crap, I bought this course specifically to deal with a protection order case. My daughter fought and beat up her bully and the bully got upset and filed charges and her mom got a protection order.

I went to the first hearing and asked if it was a civil case and the judge snapped on me and got upset and said she couldn't tell me because that's legal advice. Since when is telling me what kind of court we're in constitute legal advice?

Anyways, they haven't been following any rules and I'm worried I'm about to be railroaded.

I'll find out the 16th.

Link | Top | Bottom

TIMOTHY15


Joined: 07/29/18

Posts: 47

RE: Judge refuses to look at evidence
03/07/20 9:13 PM

You're on the right track, its just a little confusing. Let me see if I can help out, but remember you gotta follow the program. Thete's usually in most jurisdictions a code that will tell you in the case number. In most areas CR means criminal and cv means civil. Another clue is who your opponent in coourt is, if its like city of or state of vs. You the defendant, then its a criminal case. Normally a criminal case means you're going to pay a fine" go to jail or both. Civil trials are mainly about money owed or rent due or paying for damages.
If you remember OJ simpson he won the criminal trial( he didnt go to prison, but. Lost his money. I hope this helps.

We have met the enemy and they are ours, Oliver Hazard Perry

Link | Top | Bottom

Next Page

1

Previous Page

New Post

Please login to post a response.