2007-02-16 - 6:29 p.m.
**** Apology for the hard to read very BAD habit of overutlization of CAPS!! I ALSO added to this entry on Sat FEB 17 CASE CAN BE FOUND AT THIS SITE: http://wasdmz1.courts.state.va.us/CJISWeb/circuit.html I copied part of an E-mail to my BRO with additions to it to post here:
Sending you correspondence sent to my attorneys which was ignored. Both said NO to filing the appeal even after I said I wanted to do so.
On the 9th I informed the divorce attny I wished her to withdraw as counsel and on Mon the 12th I went to her office and told her I needed her to do so IMMEDIATELY so I could file my own pleading which was prepared. She said "I need to complete a motion and then have XRYDI)&* %*(^) sign it. " (opposing counsel)
I said then " Write it up on a legal pad right now and I will take it to him to get his signature so I can file this."
She ignored that comment and said "Just go file it, the clerk won't know"
This all ONLY MAKES SENSE in light of the fact that my soon to be EX filed on the 8th a counter action seeking a divorce ON THE GROUNDS OF ABANDONMENT claiming that I came here and refused to stay in NY where his job is. ( of course the fact he worked here in VA every other week is not ever going to be acknowledged by him. I did figure out long ago he was playing the game alleging he had a new job so if I STAYED in NY he could make the same allegation of abandonment! He does have co workers and FORMER employees who I think REALLY WOULD hire him at the drop of a hat! HE TRULY IS BRILLIANT AT HIS JOB )
I KNEW that if the NOTICE OF APPEAL I submitted on the deadline of the 9th for some reason was not procedurally correct that WESTELY and his counsel would try to kick me out of the house.
Interestingly my foresight was correct as in his response to the COMPLAINT for DIVORCE WESTLEY alleges I MADE UP a story of violence and alleges that we never lived here in our home as our family residence! He in fact COULD get away with such falshoods if not proved to be a liar. So I thought it best to IMPROPERLY FILE MY OWN RESPONSE than DO NOTHING And sit and let him spin lies and kick me out!
SO basically in his counter complaint HE ASKS for DIVORCE on the grounds of ABANDOMENT (Surprise suprise! It was a police officer who tipped me to the notion that it sounded like that was what he INTENDED and was TRYING to do when he played the car seat game and insisted on driving here with the girls NOT IN CAR SEATS and then TRIED TO ORDER ME TO DO THE SAME!! I refused saying I wouldn't ever drive with them not in seats properly!)
Do this MON the 12th I got a LETTER served to me telling me I have 5 days to VACATE premises of home or he will file an UNLAWFUL DETAINER ACTION IN LOUDOUN CIRCUIT COURT.
HERE'S MY NEXT PREDICTION HE'll file that and I will have a hearing the day of the BAR exam. Watch how correct I am on this. Its totally predictable the lengths of emotional and mental abuse he will try to impose.
Sending you e-mails to attorneys LET ME KNOW IF YOU GET THEM. I Want to have copies of them so also make hard copies as you did with my journals JUST IN CASE as I want to be sure to have all evidence in SOME FORM.. JUST IN CASE I DO GET PISSED OFF ENOUGH BY THIS TO FILE A COMPLAINT TO THE BAR ASSOCIATION ABOUT INEFFECTIVE COUNSEL.
I think NOT INCLINED TO DO SO UNLESS I HAD AFFIRMATIVE EVIDENCE OTHER THAN MY OWN TESTIMONY AS I SEE HOW THAT CAN BE SO MANIPULATED.
So most likely won't need these at all as I am confident in the end a discerning judge will do the right thing, just like what happened at the hearing on the 8th when I was awarded temp custody and child support.
Westely is also playing a game with trying to make me look difficult. He called me to ask to arrange to pick up girls this THU in PURCELLVILLE AT 7pm. I THOUGHT it SHOULD HAVE BEEN EARLIER and CONSISTENT with when it has been- at 6pm at Starbucks in LEESBURG. HE CLAIMS THE JUDGE GAVE A CLEAR TIME OF 7pm. IT was WAY TOO LATE FOR ALEXY WHO WAS TIRED AND READY FOR BED BY THEN. She had a fit.
Then I remembered that it was THU , not FRI (as visitaion HAS been) and I had to ALSO GET BACKPACKS and school notes written so did that! (NOT KNOWING AT THE TIME SCHOOL WAS ALREADY CANCELLED FOR FRI DUE TO ICY CONDITIONS AND NOT REALIZING MON IS THE PRESIDENTS DAY HOLIDAY!!! UGH!!!!)
Then we got out of here FINALLY around 7:30 so I WAS RUNNING RIDICULOUSLY LATE.
I talked with Westley on the phone and felt awful and said "THIS IS TOO LATE FOR THE GIRLS . WE HAVE TO MEET EARLIER " and then he said another of those nonsensical things
HE just makes up CRAP and PRETENDS I had said that! He then rightfully pointed out that 7pm WAS EARLIER and I said "OK I guess 7pm is OK as I can be more organized and ready for the SCHOOL DAY the next day and manage that time if you CAN"T MAKE IT EARLIER " BUT I STILL THINK 5pm or even 4:30 would be OPTIMAL FOR THE GIRLS SO THEY CAN GET THERE EARLY AND HAVE DINNER WITH HIM AND BE IN BED ON TIME! I think it being so late is VERY DISRUPTIVE TO THEIR ROUTINE AND WE SHOULD STRIVE FOR CONSISTENCY WITH THAT AND FOR WHAT IS BEST FOR THE GIRLS
I think he plays this horrible GAME in his phone conversations of referring to IMAGINED CONVERSATIONS we have never had and frames ME AS THIS SELFISH UNREASONABLE AND TOTALLY INCONSIDERATE PERSON. ITs true I run a bit late if one of the girls is having a meltdown (like Alexy AT BEDTIME WHEN SHE IS READY FOR SLEEP! ), or if its a NEW ROUTINE FOR ME AND I HAVEN'T GOTTEN INTO A GROOVE YET! But when I HAVE A ROUTINE I TEND TO BE ON TIME FINE WHEN I HAVE MY ADHD MEDICATION!
I SWEAR THE CUTTING OFF MY HEALTH INSURANCE WAS SO PLANNED ON HIS PART TO TRY TO WIN FULL CUSTODY!
The scary thing is that he COULD SUCCEED in this BUT FOR THE FILING OF THE NOTICE TO APPEAL The CIRCUIT COURT DECISION regarding the protective order in the VA COURT OF APPEALS
SO I need all the prayers in the world now that was filed in a procedurally acceptable manner (Which I think it WAS) and that he can not proceed with the UNLAWFUL detainer action.
I also need all the prayers that people will BELIEVE the truth and not his manipulative lies. I of course am seen as the one playing dirty as I post here, however THIS SITE WAS NEVER MADE PUBLIC UNTIL OUT OF NECESSITY FOR SAFETY AND PROTECTION.
I Can't WAIT to LOCK it and once again make it my truly PRIVATE jounal and not a vehical for SAFETY and to ensure that people I love continue to hear what is going on in my soap opera life.
I just CAN'T WAIT for a NORMAL LIFE AGAIN.
What is scary is that Westely COULD succeed in getting that divorce granted and then with the circuit court decision that said
As for me also being threatened to be thrown out for COMTEMPT of court when I got so highly upset that my attorney was STOPPEd from intoducing evidence of ACTUAL abuse of my daughter, and mostly so emotionally upset when hearing the LIES WESTLEY WOVE and that his attorney was trying to present ME AS A LIAR which just SHOCKED ME AND UPSET ME SO MUCH THAT I BLURTED OUT IN RESPONSE TO THE QUESTION "is this your writing"
and got reprimanded by the court for my impertinance
Well I have one thing to say.
MY EMOTIONAL OUTBURT WAS AN EXCITED UTTERANCE!
AS SUCH it should have been CLEAR that when under the duress and shock of my husband lying on the stand , that MY IMPULSIVE AND UPSET RESPONSE SHOULD BE GIVEN THE CREDENCE OF BEING MOST LIKELY TRUTHFUL!
That is indeed the HERESAY EXCEPTION RULE FOR EXCITED UTTERANCES
Well I think it IRONIC that EXCITED UTTERANCES are ACCEPTED AS MOST LIKELY TRUE
EXCEPT WHEN UTTERED IN THE COURT IN A PROCEEDING
THEN THEY ARE CALLED CONTEMPT
AND THEN THAT BEHAVIOR IS TAKEN AS TO MAKE THE PERSON WHO WAS SO UPSET TO BE SEEN AS UNCREDIBLE!
To me that is a huge unjustifiable contradiction in law.
And if indeed my husband SUCCEEDS in LYING and OBVISCATING TRUTH and I am not BELIEVED as I haven't aired ALL THE DIRTY LAUNDRY and thought it was only necessary to mention what was LEGALLY SUFFICIENT TO PROTECT MY CHILDREN AND MYSELF rather than be NASTY
Well then it will be a sad day for JURISPRUDENCE
And a VERY SAD DAY for anyone interested in our society actually NOT ACCEPTING DOMESTIC VIOLENCE
It sad enough that when victimize it IS OFTEN The case that it is SO DIFFICULT TO LEAVE. I know I MINIMIZED I KNOW I LOVED MY HUSBAND AND I KNOW I HAD FAITH AND HOPE AND TRUST WE COULD WORK THROUGH THIS. I STILL DON'T ACCEPT THAT WAS NAIVE. I STILL BELIEVE SOME CAN OVERCOME EVEN THIS LEVEL OF ABUSE IN RELATIONSHIPS. ONCE MAKING THE CHOICE TO LEAVE WHEN OUR RELATIONSHIP HIT SUCH A LEVEL OF DANGER THAT WAS DIFFERENT FROM THE PAST, THEN TO SEE HOW MANIPULATED AND HOW A SYSTEM CAN OFFER POOR PROTECTION FOR WOMEN AND KIDS IS REALLY SCARY!
I COULD be kicked out of our family home.
My husband COULD get his divorce on grounds of abandonment.
And THEN HIS MOTION FILING FOR SEPARATE MAINTENANCE SUDDENLY MAKES SENSE!! IT LOOKS LIKE HE IS THE ONE THEN IN NEED OF SUPPORT AND THINGS ARE TWISTED
SCARILY HE COULD GET FULL CUSTODY!
What I am waiting for now is for the revelation that when my ID of my Social Security card and my VA liscence were lifted that SOMEHOW SOMEONE GOT A JOB IN MY NAME.... maybe that is a bit over the top imagination. But BASED ON THE REALITY of the REST of the WEIRD EVENTS I am JUST WAITING FOR THE NEXT THING. The only thing LEFT would be FOR HIM TO BE ABLE TO SEEK CHILD SUPPORT FROM ME IF HE WERE TO WIN CUSTODY BASED ON Lying! If he were to win based on the REAL CONVERSATIONS he HAS WITH ME WHERE HE SAYS NONSENSICAL THINGS ABOUT NON EXISTANT PRIOR CONVERSATIONS AND REFERS TO THINGS I NEVER SAID
It made me nervous that he didn't want me to pick up the kids AT THE SAME PLACE AND TIME AS WE HAVE BEEN DOING. I HEARD THE JUDGE ORDER VISITATION CHANGED FROM FRI TO THU. I DO NOT RECALL ANY SPECIFIC TIME MENTIONED. SO WHEN MY HUBBY SAID THE JUDGE WAS CLEAR IN SAYING 7pm I said THAT IS STUPID. ITs TOO LATE. But I was ALSO SUSPICIOUS And waiting for the allegation I didn't bring them at 6pm as I was supppossed to !
When he says "THE JUDGE SAID I HAVE THEM UNTIL 10 AM on MONDAY" likewise I think he is lying. I BELIEVE THE JUDGE SAID HE IS TO TAKE THEM TO SCHOOL MONDAY MORNING
Once again, not sure what the intention of his lying is. But it can't be GOOD
I TOLD HIM I BELIEVED IT WAS ORDERED UNTIL SCHOOL AND I WOULD LIKE TO PICK THEM UP AT SCHOOL WHEN HE DROPS OFF THE OLDER GIRLS.
No School MOn for PRESIDENTS DAY so I will pick them up at 10 am and not worry about this for now. My philosophy is that it is hardly worth arguing EXCEPT I THINK HE IS TRYING TO EXTEND HIS TIME AND THEN GET IT INTO THE TIME FRAME WHICH MEETS REQUIREMENTS OF JOINT CUSTODY... that's my theory.
Who knows. I have to look that up.