Thursday, July 18, 2013

Are you ready for your Day in Family Court??

Even though, I am not a lawyer, but a researcher that guides other in their defense, a question was asked:
"Do u have any tips for a fair hearing trial with CPS"

My answer" I probably have more questions, than answers:

    • Have you set up your law book, as suggested from Marilyn's "Standing in the Shadow of Law" and as an excerpt on our NFPCAR web page
  • Do you have the "Official" court record of all the alleged charges?
  • Reason for Law Book?
    Know the Facts
  • Did you and/or do you have documented Proof on the Record?
  • Have you researched the state statutes, particular to your concerns? > Here is the link to the Index of State Statutes relating to family court>> http://nfpcar.org/States/Summary/
  • Are you aware of the Basic Tactic used by the agency.. ie They will try to prove that you are the worst parent/care giver in the world. Your task is to say no I am not and here are the reasons.
  • In your defense, have you supeoned (sp?) witnesses and/or gotten declarations from them to be properly submitted in the court??
  • Are you aware of the Different levels of Proof needed, depending on the court system..ie Admin. Hearings, Family Court, Criminal Court.
    Keep in mind that if one puts "Preponderance of Evidence" on a percentage scale, all one needs, on either side, 51% Proof (Link to definition and discussion on Preponderance of evidence">> http://nfpcar.org/Legal/legalprint.htm#Preponderance_of_evidence
  • As a basic reference, here is one of my blogs titled "Basic Example of a Great Defense". I share this a lot, since it gives the basic things needed in your defense>> http://defend-yourself-go-pro-se.blogspot.com/2011/11/basic-example-of-great-defense.html
Most, if not all of us in our affiliation are not lawyers. We, and actually lawyers, via the internet can only guide others, and not necessarily give specific advice to your questions.

In my particular case and defense, it took me over 3 months to research the particular statutes, organize my proof etc.

However, many of would be more than happy to review your information and possible give additional suggestions.

Defending yourself against the agency is Not an easy task. And actually, if you read the information about "Preponderance of evidence" it is more difficult to win a case in Family Court than in Criminal Court.

Yes, today there are biases, corruption, etc. in our Family Court. But we must make every effort to know the laws, the court procedures, etc. and yes, with or without a lawyer. In doing this, I can almost guarantee that those in legal power and the agency are not following the very statutes they are bound to.
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May you find Strength in Your Higher Power,
GranPa Chuck
Check Out>>My Family Rights Affiliation

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