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Even Scholarly Lawyers Agree Domestic Violence Laws Have Gotten Out of Hand and are Blatantly Unconstitutional

 

 
Today What District and Family Courts Do every day is clearly Illegal,
Circumventing the right to a Jury Trial guaranteed by our constitution.
In fact when no crime has even been committed men are stripped of their most precious rights. Their children, their home and a large portion of their current and future income INSTANTLY without the "trail by jury" guaranteed by the constitution for any deprivation of property. In a civil matter anything over $20 gets a jury trial. In family court prejudice, sexist judges with conflicts of interest due to financial and political incentives from the federal government. And knowing the these women have huge financial incentives and motherly instincts driving them the band plays on . . . for decades! This is a crime against children, mankind and society.

Gentlemen,

Yesterday I received a letter from a NJ attorney, David N. Heleniak, saying he ran across my website and thought I'd be interested in a law review article.  With the letter was  57 Rutgers Law Rev. 1009-1042, containing an article entitled, "The New Star Chamber: The New Jersey Family Court and the Prevention of Domestic Violence Act" by David N. Heleniak.

In it, Attorney Heleniak discusses quite extensively the domestic violence restraining laws of several states, including Massachusetts.   He even discusses our own Harry Stewart.  For those who do not know Harry, you cannot find a more NONviolent, gentle person.  Lots of familiar names kept popping up: e.g., Cathy Young, Boston Globe Eileen McNamara, Sal D'Amico.

The essence of the excellent article is a concept that has NOT been pushed and SHOULD be:

The Prevention of Domestic Violence Act is an attempt to convert that which is in its nature a prosecution for a crime into a civil proceeding.  So far, it has been a success.  The New Jersey Legislature has to date been allowed to create, in the Family Part of the Chancery Division of the New Jersey Superior Court, a modern day Star Chamber.

The article then goes on to detail the rights the accused loses by this conversion.  He concentrates on the 10-day period, those first days after the ex parte TRO has issued and before the evidentiary hearing to which the accused is entitled to but rarely gets.

The quotes from case law are on point and wonderful.   You will want to get a copy of the article and attach it to each and every Motion to Dismiss you file immediately after being served with a TRO.

Heleniak ends beautifully:
Authorities on the Star Chamber "agree . . . that the most objectionable of the Star Chamber's practices was its asserted prerogative to disregard the common law rules of criminal procedure when the occasion demanded."[FN147]  Today, the Family Part of the Chancery Division of the New Jersey Superior Court is not bound by the procedures of the Criminal Division in determining whether an individual committed an act of domestic violence.  Indeed, it is instructed by the Prevention of Domestic Violence Act to ignore them.

Calling an action civil does not make it so.  "It is idle to entertain the thought for a single moment that the legislature can change the nature of an offense by changing the forum in which it is to be tried."[FN148]  "[T]he Legislature cannot by mere change of name or of form convert that which is in its nature a prosecution for a crime into a civil proceeding and thus deprive parties of their rights to a trial by jury.  The Constitution cannot thus be trifled with."[FN149]
That last quote was from Ashley v. Wait, 116 N.E. 961, 966 (Mass. 1917).

Thank you, Attorney Heleniak.  May we call you "David"?

Barbara

P.S.  I have blind-copied this email also to a few Massachusetts Supreme Judicial Court and other judges who, I hope, will take note and work actively to send the Massachusetts Legislature a message about this conversion that violates our orphaned Fourteenth Amendment.  U.S. Const.

P.P.S. Attorney Heleniak's email is David-Heleniak-Esq@verizon.net, for those of you who are looking for a father-friendly, fair-minded, intelligent attorney in New Jersey.  He is not a sole-practitioner.  He is with multipractitioner law firm.

Click here to read this entire 32-page Article
which supports the conclusion above that these laws are an abomination and affront to our legal system. Men are "guilty until proven innocent" upon utterance of the word "fear" by any woman in many states today. They are even stripped of these rights when NOTHING has EVER happened, been threatened or even CLAIMED to have happened - only the fear that something MIGHT! Essentially you become guilty becuase a woman thinks something might happen!!!!
This is equivalent to:  "Hey look over there - I think HE is going to rob a bank - put him in jail."
And they DO!

Barbara C. Johnson, Advocate of Court Reform and Attorney at Law
6 Appletree Lane
Andover, MA 01810-4102
978-474-0833

email: barbaracjohnson@worldnet.att.net
False Allegations: http://www.falseallegations.com
Participating Attorney: http://www.lawguru.com/cgi/bbs2/user/browse.shtml
Campaign 2002: http://www.barbforgovernor.com
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The judicial system is very broken. It must be fixed. There are four people who can do the job:
Everybody, Somebody, Anybody, and Nobody. Everybody thinks Somebody will surely do it.
It is a job Anybody can do. But Nobody is doing it. At least I'm trying. What are you doing?

"Women are not men's life partners, but rivals favored by law."
Paul Craig Roberts, in "The Wars We Can't Afford to Lose,"
citing Professor Richard T. Hise, The War Against Men.

All truth passes through three stages. First, it is ridiculed.
Second, it is violently opposed. Third, it is accepted as being self-evident.

                          ARTHUR SCHOPENHAUER (1788-1860)
 


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... "We the People are the rightful master of both congress and the courts - not to overthrow the Constitution, but to overthrow the men who pervert the Constitution."  - Abraham Lincoln
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