While a Judge may
issue orders to control his court,
he has no lawful authority to issue
any order which violates the Supreme
Law
of the Land. The First Amendment to
the U.S. Constitution states that
all entities have the mandatory right
of an adequate, complete,
effective, fair, full meaningful and
timely access to the court. The Fourteenth
Amendment to the U.S. Constitution
provides that the
interest of parents in the care, custody
and control of their children, is
perhaps the oldest of the fundamental
liberty interests
recognized by the court, Troxel V.
Granville, USC, (2000). "Parents
have a liberty interest of the custody
of their children, hence, any
deprivation of that interest by the
state must be accomplished by procedures
meeting the requirements of due process."
Hooks v Hooks, United States Court
of Appeals (1985). Indeed, the right
to rear one's children is so firmly
rooted in our culture that the Unites
States Supreme Court has held it to
be a fundamental liberty interest
protected by the Fourteenth Amendment
to the United States
Constitution. Hawk v. Hawk, Tennessee
Supreme Court, (1993). The Fifth and
Fourteenth Amendment guarantees Due
Process and Equal Protection to all.
"No state shall deprive any person
of life, liberty or property, without
due process of law; nor deny to any
person within its jurisdiction the
equal protection of the laws."
United States Constitutional Amendment
XIV and adopted by State of
Indiana Constitution.
From
article 12, Part 1 of the Mass
Constitution:
Article
XII. No subject shall be held to answer
for any crimes or offence, until the
same is fully and plainly, substantially
and formally, described to him; or
be compelled to accuse, or furnish
evidence against himself. And every
subject shall have a right to produce
all proofs, that may be favorable
to him; to meet the witnesses against
him face to face, and to be fully
heard in his defense by himself, or
his counsel, at his election. And
no subject shall be arrested, imprisoned,
despoiled, or deprived of his property,
immunities, or privileges, put out
of the protection of the law, exiled,
or deprived of his life, liberty,
or estate, but by the judgment of
his peers, or the law of the land.
"Although
art. 12 deals with many matters related
to the rights of criminals, it is
NOT EXCLUSIVELY concerned with criminal
matters. For example, Art. 12 sets
forth principles of due process of
law applicable to civil, as well as
criminal, actions in both a procedural
. . . and a substantive sense."
Commonwealth v. One 1972 Chevrolet
Van, 385 Mass. 198, 199-200, n.1,
431 N.E.2d 209 (1982)
Invalid Or Void Orders
From Judges
If you are denied
due process in any way the judge's
order is VOID!
-Most times you need do nothing,
though the police and others will
still act like the order is valid,
it is unenforceable in a real court
of law with a real jury!
This mean if you are denied the ability
to question witnesses, offer evidence,
testify on your own behalf and many
other technical things the resulting
order is void. You should file a simple
notice of appeal letter within 30
days to be safe and show you do not
believe the order is valid, but in
any enforcement action against that
order it will be reveled to be void.
I would also get the audio tape and/or
a transcript BEFORE it is needed.
Some courts have been accused of editing
tapes. You MUST ask for these rights
and should object to not having them.
See
Details and Citations of Law
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