thank you hun... i know that keeping my story out to the world on everything that i can get it on.. helps.. maybe someday.. someone will be able to finally help me... thanks a bunch.. love your friend always and forever.. tammy.
TO THE WORLD.. PLEASE HELP ME.. IM SEARCHING FOR AN ATTORNY WHO WILL TAKE ON MY CASE WITH HIS EARNINGS AT THE END... PLEASE HELP... (do to having a very rare tumor inside of my spinal fluid canal, i can not work to raise money for the retainer fee.)
i am writing to let the world know that i was in a 10 year domestic violence marriage. after the ten years.. i finally got the courage to leave.. i applied to the family court for an order of protection in which i received. this order of protection was basicly a piece of paper with my name on it. my ex husband was always violating this order by calling me 30 times a day, following me everyday... even breaking into my house on different occasions... everytime that i called the police to have him arrested, the officer would always tell me that everything that my ex husband was doing were accidents... he didnt mean them.... after about 4 months of this.. i finally got the courage to leave the county of herkimer.... i moved my children and i approx. 6 hours away... 40 miles from canada. the state of ny stepped in and placed a neglect charge on me due to as they say..."i allowed my beatings.".. and because of moving out of the county in which it was placed in... i violated that order... they proceeded then by removing my children...originally i had full custody of all my kids.. because i was getting no help from the police with the order of protection.. i took my kids and i and moved near canada.. at the time.. the abuser was dating a woman that worked as a cps (child protective worker) in another county.. in which that is when all went wrong.. i believe she had a lot of pull ... but once her work found out what was going on.. she had a choice.. either him or her job.. so she left him.. but the damage was done.. placing my son... back with his father.... the abuser..... in which he has ran away twice because of wanting to be home with me.... he was then placed in care of his aunt.... my middle daughter was placed in the care of her father... in which he has over 15 years of domestic violence on records through state troopers... however.. no one will take the time to get these records even though i have told them that the state troopers will gladly hand over the evidence to them.... and my oldest daughter was placed with her father.. in which she has recently ran away twice... and wanted to come home.. but wasnt allowed.. she is now under pins and in a foster home.... the reason i write is because this has been an on going thing for the past 3 years... i have been in court month after month... trying to get my children home... to no prevail... it seems as though the abuser has more rights than we do.... he has more say litteraly in the court room than i do... i have come across many laws through nys.. stating that many of them have been broken... one such law... no child can be removed from a non violent parent when there is domestic violence involved..... another law.. the state has only 2 weeks to put the children back in the care of the non violent parent.... it has now been 3 years.... also.. many other laws that have been broken... and a couple of my amendment rights.... i have checked with lawyers and the laws in which i have found that were broken...is a multi million dollar lawsuit.... and then when my kids turn 18... they too can come back and sue as well.. as their rights were broken too.... the only problem is that the lawyers that i talk too... want several grand down as a retainer fee... money that i dont have... as i can not work due to a tumor on my spine... one of the original workers that took my children away was shown by myself the laws... and actually ended up quiting her position... this only shows guilt.... i am not trying to sue just for money... im sueing because these people were wrong... these people have not only fucked up the last 3 years of my life.. but my children's as well... i believe that if i actually get a lawsuit going.... my children will be home so much faster than what they are doing..... the reason i am writing is because if you know of any attorney that will do a probono case.... i need to get in contact with them.... part of the money that i win.. will be sent to help other domestic violence parents.... whether it be a man or a woman... but especially to help those non violent parents together with their children..... so.. please... repost this... and help me get the world to see my story.... i have written to many many people... senators... congressman .. even hilary clinton.. and they all tell me that there is nothing that they can do.... so.. that is why i am comming to you.... to ask you to repost this... thankyou soooo much..... tammy... a heart broken mom..... tammy stannard 345 n main st apt 11 gloversville, ny 12078
BELOW ARE SOME LAWS THAT I HAVE FOUND ON THE INTERNET. PLEASE READ THROUGH AS THERE ARE SO MANY OF THEM THAT WERE BROKEN ON MY CHILDREN'S AND MY BEHALF
NICHOLSON V. SCOPPETTA (CASE) A DISTRICT COURT FOUND IN 2002... BY PLACEING CHILDREN, ROUTINELY VOILATED THE RIGHTS OF MOTHERS WHOSE ONLY CRIME HAD BEEN TO BE BEATEN BY THEIR HUSBAND OR LOVER. JUDGE JACK B WEINSTEIN WROTE " THAT CITY'S FAILURE TO TRAIN ITS CHILD WELFARE CASEWORKERS IN DOMESTIC VIOLENCE MATTERS AND THE INAPPROPRIATE PLACEMENTS RESULTED IN WIDESPREAD AND UNNECESSARY CRUELTY BY AGENCIES OF THE CITY....................................................................................................................................... FORCED MENTAL HEALTH EVALUATIONS YOU WHO ARE GOING THROUGH CPS TRAUMA AND FAMILY INTERFERENCE SHOULD KNOW BETTER THAN ANYONE THAT MANDATED, FORCED MENTAL HEALTH EVALUATION IS AN INTRUSIVE, DISTRESSING PROCESS. IT IS A VIOLATION OF YOUR RIGHT TO PRIVACY UNDER THE 4TH AMENDMENT. THIS FOLLOWED THE NEW HIPPA THAT KEEPS YOUR CLOSEST RELATIVES FROM BEING ABLE TO ASK YOUR DOCTOR HOW YOU ARE DOING. PEOPLE WHO TRULY NEED MENTAL HEALTH SERVICES HAVE A WAY OF IDENTIFYING THEMSELVES AND THEY ARE ALREADY GETTING SERVICES. FORCED MENTAL HELATH EVALUATIONS AND FORCED MEDICATIONS ARE NOT NEEDED FOR EVERY CHILD AND ADULT IN THE U.S. POPULATION. THIS IS ABOUT GOVERNMENT CONTROL, NOT ABOUT "HELPING" AND NOT ABOUT FREEDOM. M. DENNIS PAUL, PHD
................................................................................................................................................ BILL NUMBER A2724 IF EITHER PARENT HAS AN ORDER OF PROTECTION AGAINST THE OTHER PARENT BARRING CONTACT BETWEEN THE PARENT AND OR CHILD, SHARED PARENTING SHALL NOT BE A CUSTODIAL OPTION. IF EITHER PARENT HAS BEEN CONVICTED OF ABUSE, INCLUDING BUT NOT LIMITED TO, DOMESTIC VIOLENCE AND SEXUAL ABUSE AGAINST EITHER THE OTHER PARENT AND OR THE CHILD, SHARED PARENTING SHALL NOT BE A CUSTODIAL OPTION. ................................................................................................................................................. QUILLOIN V WALCOTT (1978) A DUE PROCESS VIOLATION OCCURS WHEN A STATE REQUIRED BREAKUP OF A NATURAL FAMILY IS FOUNDED SOLELY ON A "BEST INTERESTS" ANALYSIS THAT IS NOT SUPPORTED BY THE REQUISITE PROOF OF PARENTAL UNFITNESS. 434 U.S. 246, 255 (1978) ................................................................................................................................................ 10TH CIRCUIT 1997 THE FORCED SEPERATION OF A PARENT FROM CHILD, EVEN FOR A SHORT TIME.. REPRESENTS A SERIOUS INFRINGEMENT UPON THE RIGHTS OF BOTH ................................................................................................................................................ THE EXACT TEXT OF THE 4TH AMENDMENT THE RIGHT OF THE PEOPLE TO BE SECURE IN THEIR PERSONS, HOUSES, PAPERS, AND EFFECTS, AGAINST UNREASONABLE SEARCHES AND SEIZURES, SHALL NOT BE VIOLATED, AND NO WARRANTS SHALL ISSUE, BUT UPON PROBABLE CAUSE, SUPPORTED BY OATH OR AFFIRMATION, AND PARTICULARLY DESCRIBING THE PLACE TO BE SEARCHED, AND THER PERSON OR THINGS TO BE SIEZED
................................................................................................................................................ TITLE 18, U.S.C. SECTION 242 DEPRIVATION OF RIGHTS UNDER COLOR OF LAW IT IS A CRIME FOR ANY PERSON ACTING UNDER COLOR OF LAW, STATUE, ORDINANCE, REGULATION, OR CUSTOM TO WILLFULLY DEPRIVE OR CAUSE TO BE DEPRIVED FROM ANY PERSON THOSE RIGHTS, PRIVILEGES, OR IMMUNITIES SECURED OR PROTECTED BY THE CONSTITUION AND LAWS OF THE U.S. PUNISHMENT VARIES FROM A FINE OR IMPRISONMENT OF UP TO ONE YEAR, OR BOTH, AND IF BODILY INJURY RESULTS OR IF SUCH ACTS INCLUDE THE USE, ATTEMPTED USE, OR THREATENED USE OF A DANGEROUS WEAPON, EXPLOSIVES, OR FIRE SHALL BE FINED OR IMPRISION UP TO TEN YEARS OR BOTH, AND IF DEATH RESULTS, OR IF SUCH ACTS INCLUDE KIDNAPPING OR AN ATTEMPT TO KIDNAP, AGGRAVATED SEXUAL ABUSE OR AN ATTEMPT TO COMMIT AGGRAVATED SEXUAL ABUSE OR AN ATTEMPT TO KILL, SHALL BE FINED UNDER THIS TITLE OR IMPRISONED FOR ANY TERM OF YEARS OR FOR LIFE, OR BOTH, OR MAY BE SENTENCED TO DEATH................................................................................................................................... JB V. WASHINGTON COUNTY (10TH CIR. 1997) THE FORCED SERPATION OF PARENT FROM CHILD, EVEN FOR A SHORT TIME; REPRESENTS A SERIOUS INFRINGEMENT UPON THE RIGHTS OF BOTH CHILD AND PARENT.................................................................................................................................
LENZ V. WINBUTN (11TH CIR. 1995 THE FOURTH AMENDMENT PROTECTION AGAINST UNREASONABLE SEARCHES AND SEIZURES EXTEND BEYONE CRIMINAL INVESTIGATIONS AND INCLUDES CONDUCT BY SOCIAL WORKERS IN CONTEXT OF A CHILD NEGLECT/ABUSE INVESTIGATION.................................................................................................................. 746 F 2D 1205, 1242-45; US CT. APP 7TH CIR WI 1985 THE DUE PROCESS CLAUSE OF THE 14TH AMENDMENT REQUIRES THAT SEVERANCE IN THE PARENT-CHILD RELATIONSHIP CAUSED BY THE STATE OCCUS ONLY WITH RIGOROUS PROTECTIONS FOR INDIVIDUAL LIBERTY INTERSTS AT STAKE. THE PARENT-CHILD RELATIONSHIP IS A LIBERY INTEREST PROTECTED BY THE DUE PROCESS CLAUSE OF THE 14TH AMENEDMENT...................................................................................................................... MURPHY'S V. MORGAN, 7TH CIR. (1990) BROKAWV.MERCERCOUNTY, 7TH CIRCUIT(2000) CHILDREN HAVE STANDING TO SUE FOR THEIR REMOVAL AFTER THEY REACH THE AGE OF MAJORITY. PARENTS ALSO HAVE LEGAL STANDING TO SUE IF CPS VIOLATED THEIR 4TH AND 14TH AMENDMENT RIGHTS. CHILDREN HAVE A CONSTITUTIONAL RIGHT TO LIVE WITH THEIR PARENTS WITHOUT GOVERNMENT INTERFERENCE. A CHILD HAS A CONSTITUTIONALLY PROTECTED INTEREST IN THE COMPANIONSHIP AND SOCEIETY OF HIS OR HER PARENTS. WARD V. SAN JOSE, 9TH CIRCUIT (1992). STATE EMPLOYEES WHO WITH HOLD A CHILD FROM HER FAMILY INFRINGE ON THE FAMILY'S LIBERTY OF FAMILIAL ASSOCIATION K.H. THROUGH MURPHY'S V. MORGAN, 7TH CIR. (1990) .................................................................................................................................................. IT IS ILLEGAL AND UNCONSTITUTIONAL PRACTICE TO REMOVE CHILDREN WHICH RESULTS IN PUNISHING THE CHILDREN AND THE NON OFFENDING PARENT. IN A LANDMARK CLASS ACTION SUIT IN THE U.S. DISTRICT COURT, EASTERN DISTRICT OF NEW YORK, U.S. DISTRICT JUDGE JACK WEINSEIN RULED ON NICHOLSON V. WILLIAMS. CASE NO. 00-CV-2229. THIS SUIT CHALLENGED THE PRACTICE OF NEW YORK'S ADMINISTRATION FOR CHILDRENS SERVICES OF REMOVING THE CHILDREN OF BATTERED MOTHERS SOLEY BECAUSE THE CHILDREN SAW THEIR MOTHERS BEING BEATEN BY HUSBANDS OR BOYFRIENDS. JUDGE WEISTEIN RULED THAT THE PREACTICE IS UNCONSTITUIONAL AND HE ORDERED IT STOPPED
............................................................................................................................... DOE ET AL, V. HECK ET AL (NO. 01-3648, 2003 US APP. LEXIS 7144) THE U.S. COURT OF APPEALS FOR THE 7TH CIRCUIT RECENTLY RULED THAT CHILD ABUSE INVESTIGATIONS HELD ON PRIVATE PROPERTY UNCONSTITUTIONAL......................................................................................................... CPS CAN NOT DO ANYTHING WITH OUT YOUR APPROVAL!!!! DECISION OF THE 7TH CIRCUIT COURT OF APPEALS FOUND THAT THIS PRACTICE, I.E. THE "NO PRIOR CONSENT" INTERVIEW OF A CHILD, WILL ORDINARILY CONSTITUTE A "CLEAR VIOLATION" OF THE CONSTITUTIONAL RIGHTS OF PARENTS UNDER THE 4TH AND 14TH AMENDMENTS TO THE US CONSTITUITOIN. ACCORDING TO THE COURT, THE INVESTIGATIVE INTERVIEW OF A CHILD CONSTITUTES A "SEARCH AND SEIZURE" AND WHEN CONDUCTED ON PRIVATE PROPERTY WITHOUT "CONSENT, A WARRANT, PROBABLE CAUSE OR EXIGENT CIRCUMSTANCES," SUCH AN INTERVIEW IS AN UNREASONABLE SEARCH AND SEIZURE IN VIOLATION OF THE RIGHTS OF THE PARENT, CHILD AND POSSIBLY THE OWNER OF THE PRIVATE PROPERTY." THE MERE POSSIBLITY OF DANGER DOES NOT CONSTITUE AN EMERGENCY OR EXIGENT CIRCUMSTANCE THAT WOULD JUSTIFY A FORCED WARRANTLESS ENTRY AND A WARRANTLESS SEIZURE OF A CHILD. (HURLMAN V. RICE, 2ND CIR. 1991) ................................................................................................................................................. IN CONNETICUT JILL ZUCCARDY, A LAWYER INVOLVED IN THE SUIT AGAINST THE CITY, SAID "PROGRESS FOR VICTIMS OF DOMESTIC VIOLENCE AND THEIR CHILDREN HAD ALREADY BEEN ACHIEVED. THE FEDERAL LAWSUIT, AND YESTERDAYS STATE RULING AMOUNTED TO A WAKE UP CALL FOR CHILD WELFARE AGENCIES ACROSS THE COUNTRY. IT SAYS YOU'D BETTER LISTEN TO DOMESTIC VIOLENCE AGENCIES OR YOU WILL WIND UP BEING SUED."
.................................................................................................................................... OCTOBER 27TH,2004 NEW YORK STATES HIGHEST COURT RULED YESTERDAY THAT CHILD WELFARE AUTHORITIES CANNOT TAKE CHILDREN FROM PARENTS AND PLACE THEM MERELY BECAUSE THEY HAVE BEEN EXPOSED TO DOMESTIC ABUSE IN THE HOME. THEY HAVE VIOLATED THIS LAW!!! THEY DID TAKE MY KIDS FROM ME!!
