Battered spouse / VAWA

[4now]

Originally posted by 4now:
Nah


That's the sandworm from DUNE eating a cream donut.

You want nuclear...Now here's nuclear

B O OM






If the radiance of a thousand suns
Were to burst at once into the sky,
That would be like the splendor of the Mighty One...
I am become Death,
The shatterer of Worlds.


The Bhagavad-Gita

Seriously, I pray your avatar does not mean you will be a "shatterer of Worlds" to those two people , one who at one time meant so much in your life.

[lost in us]

Originally posted by klinus:
Maybe the new avatar is more representative...

Im glad you changed the avatar.

[klinus]

Originally posted by 4now:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by 4now:
Nah


That's the sandworm from DUNE eating a cream donut.

You want nuclear...Now here's nuclear

B O OM






If the radiance of a thousand suns
Were to burst at once into the sky,
That would be like the splendor of the Mighty One...
I am become Death,
The shatterer of Worlds.


The Bhagavad-Gita

Seriously, I pray your avatar does not mean you will be a "shatterer of Worlds" to those two people , one who at one time meant so much in your life. </div></BLOCKQUOTE>

I had more apocalyptic visions in mind...
http://www.youtube.com/watch?v=zsTRx...elated&search=

[4now]

Yea .. I think you are starting to loosen up and have open mind..

Wo man.. that was awesome.. thats what im talkin bout

but check this out






if it doesnt play.. will have to add to suggenstion box. Voila .. your new avatar lol

[klinus]

I love the expanding slime effect!

[klinus]

Originally posted by Hudson:
Klinus,
Nice recap and rationalization of your argument.

However, lets go over a few points which I believe do not coincide how the law is interpreted.
1) You state that the claim of child abuse has been determined false because of a denied TRO. This is hardly a case how a TRO, apporved or not, is interpreted. One must prove two items of contention when asking a judge to grant a TRO. First, to prove adequately that the alleged acts were committed and second that the person needs protection. There are four possibilities we can infer from the two main points: one can prove both the acts were committed and the person needs protection; none of the acts were committed and person does not need protection, acts were committed but the person does not need protection, and the acts were not committed, but the person needs protection. So, to say the claim is false ignores the two possiblities of why the TEO was denied. Hence, one cannot prove nor disprove the acts were committed beyond a reasonable doubt because a TRO has a lower threshold of affirmative or negative response.
___________________________________________
You have been going on and on about the validity of the child abuse claim on her part. As you can see from the attached articlehttp://www.childprotectionreform.org/policy/trends/outta_ctrl.htm,if there was even the GERM of truth in her allegations, I would have been a dead duck. The fact of the matter is CPS and the cops, both of whom tend to knee **** validate the woman's claim of child abuse simply could not prove the allegation, even though I was guilty unless proven innocent. Nevertheless the bottom line, fortunately, the legal system decides the "truth" which in this case was decided was that there was no abuse. Fortunately, the USA is where it is because of the triumph of justice against bigotry, racism and bias.

2) First, i want to commend you for going to counseling. The child definitely needs counseling. But the child needs counseling simply because any divorce, irregardless of the reasons or who is at fault or not at fault. I have always believed a contested divorce is a no win scenario for everyone.

3* For any CPS, I have very little appreciation for the agency. Too many scandals, too many false claims, case workers are overworked and receive the brunt by both sets of parents. I would not expect CPS to get involved in any case even if child abuse was prominent by any party. That is how much distrust I have coming from personal experience.

4) You stated she is using the child as leverage. Well, you used immigration as leverage. My question is what is the difference? Both of you are using whatever arguments you want to prove your point, valid or not. Additionally, by using immigration as a leverage, you are presumed to be manipulative and controlling. Immigration is a very powerful tool to control someonw who is an immigrant, Klinus.

5) Family court is to make sure it is the best interest of the child. In rare circumstances, neither parent is fit and the child given to foster care. I know that you and maybe her do not want that, but it is always a remote possibility. By playing innocent, you attempt to have sympathy for you cause. Now you want to blame the famly court system and her for your trouble. But wasn't you who filed for divorce while your wife was still living with you? Do you expect her to just sit idly by while you attempt to railroad her. And you have stated, that you want sole physical custody of the child. What makes you think you can achieve this while she is being deineid the same chance? I am not saying she is right or you are right, but it works both ways.
_______________________________________________
Maybe there is some confusion. I am not blaming Family Court; in fact I am counting on them for justice and the right thing by my son. Not to mention their inherent bias towards the truth. If it were not for them, my son would still be languishing in the shelter all the time, instead of part of the way out of the shadow world that she has chosen to inhabit.
6) You said she kidnapped the child. How can one kidnap or steal something that is already theirs to begin with? Again, I believe it proves that you want to interpret the law you think it should be instead of how the law is interpreted legally. You can use the argument in divorce, but I seriously doubt it won't work.

7( Her status is in limbo. She may be using the VAWA claim as a protective claim. But I believe you want the divorce to continue as long as possible so that she can leave the US and thus, not see the child. IMHO though.

Good luck to you Klinu. That does come from my heart.

[Hudson]

Klinus,
The article you posted was from 1994, that is over 13 years ago. A lot has happened and changed since then For instance, the court use to use "reasonable man" to "reasonable woman" to "reasonable person" for sexual harassment. The same can be said for child/spousal abuse as quoted from the article. It used to be child/spousal abuse was hardly reported, then reported all the time, and now reported based on how one perceives the facts, and less frequent even though domestic abuse now accounts for 15% of all violent crime. And yes, some men and women will use spousal and/or child abuse to get what they wanted. You have made the claim and so has she. You said she kidnapped the child, but that is not how the law is interpreted. Even as Davdah pointed out, until a custody decision is made on which parent has custody of the child, both of you have responsibility to that child. If she believed there was child abuse, then she would do what was necessary just as you are doing what is necessary when you stated the child has insect bites while blaming her for those bites, ie child abuse claim.

As far as a TRO is concerned, one cannot make the conclusion whether there was abuse if the TRO was granted or no abuse if the TRO was not granted. One simply ignores the other two possibilities how a TRO is determined. I seriously doubt your wife can prove child abuse, particularly emotional abuse because of the circumstances in your marriage. This does not mean it never occurred, or did occur, but the the inability to show substantial proof is not measurable. Sadly, this is how most claims are surrounded in circumstances. It is literally a he said/she said cat fight.

Finally Klinus, in my experience, very rarely is one spouse completely innocent and the other is not. Generally, both spouses use the situation, circumvent the facts to their point of view, and think "justice" should only be what they want despite what the law requires. It not only applies to her, but to you as well. Both spouses are also guilty of provoking the situaion of a contested divorce. I have seen this all too often with tmy own family and friends, as well as the place where I volunteer.

[klinus]

Hudson:

1) How long is the typical stay at a shelter?
a. How long before the departure date does the case manager tell the sheltered person that its time to hit the road?
2) Does the shelter evict for lying about abuse?
a. Alternatively, if the reason for shelter is child abuse but the child disappears exactly half the time and is with Dad does the shelter not ask awkward questions?
3) Is transitional co-housing (which is the next step here after emergency shelters) open to non-US citizens?
http://www.fescofamilyshelter.org/Cohousng.htm

[Hudson]

Klinus,
1) It depends on the facts and circumstances of the individual who is seeking help. Sometimes, it can be just a few weeks, sometimes longer. Some of the factors include the amount of abuse, psychological issues, family and/or friends support, resources available to the shelter, immigration status, etc.

2) Normally, it is within a reasonable amount of time. But before that happens, the shelter will make sure a safe place is secured for that individual and/or children. Generally, the shelter walks a fine line. They help the person with the DV issues while not condemning nor condoning any abrasive behavior.

3) Sometimes it is the next step, but the shelter attempts to get the indiviusal in a more stable enviornment.

[klinus]

Originally posted by Hudson:
Klinus,
1) It depends on the facts and circumstances of the individual who is seeking help. Sometimes, it can be just a few weeks, sometimes longer. Some of the factors include the amount of abuse, psychological issues, family and/or friends support, resources available to the shelter, immigration status, etc.
____________________________________________
Her sponsor was a large religious organization, which wrote a large check for her family law attorney fees without the required due diligence and in complete violation of the stated beliefs. A newspaper article covering this caused a rapid withdrawal of said support caused in part by a 50% drop in weekly contributions, a lot of omlette on faces and questions from Rome. At the moment, until post divorce decree, her immigration status is CPR expired.

2) Normally, it is within a reasonable amount of time. But before that happens, the shelter will make sure a safe place is secured for that individual and/or children. Generally, the shelter walks a fine line. They help the person with the DV issues while not condemning nor condoning any abrasive behavior.
____________________________________________
The shelter is aware that the child has a safe place, viz. Dad's and the reason for admission to the shelter was child abuse. Plus, the international nature of this case has caused a lot of heat and attention from the authorities and the Health Services Department.

3) Sometimes it is the next step, but the shelter attempts to get the indiviusal in a more stable enviornment.
________________________________________
if that is not possible (lack of funds, ID, does that mean that she can become a permanent resident of the shelter?

[Hudson]

Klinus,
1) Provide the link of said article about the religious organization.

2) They are aware that you are the other parent, but you are not viable in their opinion of what is the best interest of the child. It is not enough if the child has clothes, shelter, and food at the table, but what is your intent when you have the child. And if you are going to poison the child against the mother, then you are no better nor worse than the mother. Thus, maybe the child is better off in foster care until the two of you resolve your differences.

3) there are always options for anyone. But she will not be permanent resident of the shelter. Let me give you an example. When I was in college, I stayed in the same dorm room during my entire time at college. So, is my permanent residence is college or my home address where the school grades, tuition bills, and foom and board fees went to?

[max-one]

VAWA GIVES MORE RIGHTS TO ILLEGALS THAN CITIZENS


By Carey Roberts
September 22, 2007
NewsWithViews.com
Attention, ladies of the world: The U.S. Congress has now granted you the Keys to Kingdom that will unlock the door to U.S. citizenship, a good-paying job, and tons of free services. Here's how it works.

First, get into the United States, anyway you can. If you're going to do it legally, a Temporary Worker visa is the easiest way. But why bother with the paperwork, just walk across the border when they're looking the other way!

Next, you need to find a man. Do it quickly before they can deport you. And preferably a guy who can't afford his own lawyer -- I'll explain why in a minute.

Tell him you came to the United States to find a new life, to start over, whatever. Use your feminine wiles. Tell him how badly your previous boss or boyfriend treated you. Move in with him. If you can get pregnant or married, that much better.

Here's where it gets a little dicey, but if you follow my instructions carefully, you'll nail down that restraining order and hit the VAWA jackpot. Think of a time when he raised his voice, got angry, or told you to stop over-spending the bank account. In our abundant Land of Opportunity, all of those things are considered to be domestic violence!

Now all you have to do is go to a judge and say the argument you had last night made you feel afraid. If you can say it with a trembling lip or misted eye, that will work wonders.

Or just accuse him of trying to "control" you. All this may sound unbelievable, but judges have been to lots of classes, and they know that domestic violence is all about power and control.

If that doesn't work, just make something up about him shoving or forcing you to have ***. But don't claim he actually slugged you, or the judge might want to see the bruises – then you'd have some explaining to do.

Don't worry about your illegal status, because amazingly the judge is not allowed to ask. Not only that, judges are instructed, "A denial of a protective order would be discrimination based on national origin which is specifically prohibited by law." You can find that in the Arizona Domestic Violence Benchbook – right there on page 25: [Read].

That drive-through restraining order will get your husband or boyfriend kicked out of the house. Now the fun really begins.

First, claiming to be a battered woman (it's better to use red-meat words like "battered" rather than "abused") makes it almost impossible for the Citizenship and Immigration Service to deport you.

And now you can start to apply for a broad range of benefits – welfare, Medicaid, and child support. Remember, none of these programs need to know that you are an illegal immigrant – even if they ask, and don't have to answer.

Then you can go to the Immigration Service and "self-petition" for work authorization, permanent residency, and eventual citizenship. Form I-360 says all you need is an order of protection – so the 15 minutes you spent at the courthouse is already reaping huge dividends.

At some point they might ask you if you are a victim of battery or extreme cruelty. Don't worry, because if you look at the fine print, the law says your self-declaration is enough. That means whatever you say, they have to believe you. Didn't I tell you this was going to be a blast?



And there are loads of websites that give step-by-step instructions how to work the system, like WomensLaw.org: [Read]

If you still don't believe me how easy this is, then go to the website of the U.S. government: [Read]

So it all boils down to three simple steps:

1, Get into the country
2, Find a man
3, Accuse him of abuse

And remember the Violence Against Women Act guarantees you free legal help. But your husband or boyfriend won't be eligible, so if he can't afford a lawyer, you've already won the case.



Maybe you've heard of men who were falsely accused of abuse, how it ruined their reputations, emptied out their bank accounts, and destroyed relationships with their children.

Don't worry about those stories. Congress put these benefits into the VAWA law, so obviously it intended for you to take advantage of them.

You go, girl!


© 2007 Carey Roberts - All Rights Reserved

[4now]

Hello Max one


please post these article at the thread titled by Hardam. Easy to get greencard in Chicago thread. it will be very appropriate for that thread.

[max-one]

Here's more...

How female illegals abuse the system


Carey Roberts
September 12, 2007


Every year thousands of Americans are victimized by a swindle known as the "immigrant abuse scam." What's amazing is this shake-down is paid for by the U.S. taxpayer under the guise of stopping domestic violence.

One of those persons was Roger Knudson, 64, of Arizona. When he discovered his wife was having an affair, he filed for divorce. Fearing the judge would learn her visa had expired and order her back to Mexico, she fell into a rage and attacked him.

But the DA refused to prosecute the assault. Then the illegal went to a local woman's shelter that provided her pro bono legal services and told her to accuse her husband of the very crime that she herself had committed. "I have spent thousands of dollars since 2002 clearing myself of the accusations," Knudson wrote sadly.

So here's how the scam works: A woman makes an accusation of abuse. The laws define domestic violence so loosely that she doesn't need to provide a scrap of evidence "” she only needs to scream "abuse!" So the judge issues a let's-play-it-safe order.

That restraining order becomes the gold-plated meal ticket that entitles her to preferential treatment by immigration authorities, free legal services, and a generous helping of welfare services. And anyone who questions the swindle is accused of being "soft on domestic violence."

Elizabeth Howard of Arizona recounts how the wife of her father trapped him in the bedroom and threatened to kill him. When he called for help, the police arrested both of them. As soon as she got out of jail, she marched over to the domestic violence shelter to have him kicked out of his home. Then she began to hold yard sales to sell his car and tools.

"A friend at work whose family migrated here from Mexico told me it's common knowledge that if a woman marries a U.S. citizen and it doesn't work out, she can claim abuse and get the resources she needs," Howard sadly explains. "I believe the Violence Against Women Act should be called the 'Women Get What They Want Act.'"

In two cases, the extortion tactics continue to this day, forcing my informants to protect their identities.

One woman's close friend was falsely accused of abuse by his immigrant wife. The courtroom hearing resembled a kangaroo court more than the even-handed administration of justice: "We were not allowed to present a case, ask questions, look at the evidence that the accusing party submitted, two of our witnesses were cut off after two minutes, and the third was not allowed to testify at all," she revealed.

"As a victim of abuse previously myself, I am sensitive to real victims of abuse. But those who commit fraud and claim abuse where none exists endanger us all," the woman confides.

In 2001, Bob planned to marry a woman from the Caribbean. Shortly before the ceremony, she informed him she was an illegal alien. But he loved her so he went ahead with the wedding, knowing he could sponsor her for a work permit.

Then the relationship went sour and she threatened to abduct their newborn daughter if he didn't accede to her demands. One day she surprised him with this news: "I have my baby "” I don't need you anymore!" Bob grew fearful of the intimidation tactics, so he filed for divorce and withdrew her work permit application, believing the immigration service would protect his daughter, a newborn U.S. citizen.

Turning the tables, she requested amnesty under the Violence Against Women Act, even though she didn't produce an iota of police or medical proof of violence. This filing prohibited him from submitting any evidence of immigration fraud or even appearing in the courtroom during her hearing.

"In the end, she got everything she could have hoped for: A work permit, VAWA amnesty, $750 tax-free dollars per month, and bragging rights on her cleverness on screwing over a stupid American fool in his own stupid country," Bob bitterly notes.

The abuse rip-off has become so accepted that its proponents openly instruct women how to fleece their boyfriends and husbands. One group instructs gold diggers to view restraining orders "as a tool for economic justice." Simply accuse your man of violence, and you can force him to pay your attorney's fees, medical expenses, punitive damages, use of his house and car, and much, much more. It's really that simple!

That advice comes to us from the Washington, DC-based Center for Survivor Agency and Justice, which receives generous support from the U.S. taxpayer by way of the Department of Justice. The Center offers no advice to help American taxpayers deal with false accusations of domestic violence by immigrant women.

Carey Roberts is an analyst and commentator on political correctness. His best-known work was an exposé on Marxism and radical feminism.

[klinus]

Originally posted by Hudson:
Klinus,
1) Provide the link of said article about the religious organization.

2) They are aware that you are the other parent, but you are not viable in their opinion of what is the best interest of the child. It is not enough if the child has clothes, shelter, and food at the table, but what is your intent when you have the child. And if you are going to poison the child against the mother, then you are no better nor worse than the mother. Thus, maybe the child is better off in foster care until the two of you resolve your differences.
____________________________________________
As I mentioned earlier, you supercilious little b*****d, I am too busy cleaning up the mess the damage that she causes when she has him - my avatar is the most recent set of bites that he got living in that little hell hole that he is.

It has now gotten to the point where his doctor keeps an 830 slot EVERY friday open so that they can treat him for the most recent pestlience that he has been afflicted with.

For all those of you fervent supporters of shelters, how come you are not living there?
3) there are always options for anyone. But she will not be permanent resident of the shelter. Let me give you an example. When I was in college, I stayed in the same dorm room during my entire time at college. So, is my permanent residence is college or my home address where the school grades, tuition bills, and foom and board fees went to?