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DISCLAIMER:

I am NOT an attorney.
This page is nothing more than my
LEGALLY inept, UNQUALIFIED opinion.
It is my first amendment public statement.

If you need legal advice go consult an attorney.


VALID CAUSES OF ACTION


This page will be up and coming soon. There is a section in every law library that catalogues valid causes of action. There are quite a few of them. But to make it easier for you, I will just say that any time a rule is broken, you have a cause of action. You have a right to "Due Process" and that means that everybody must follow the rules. The rules were all created from Appellate and Supreme Court Rulings. The courts listed them and published them so as not to repeat mistakes that cause cases to be overturned by higher courts. Whenever a rule is broken, you can bet that somebody somewhere appealed some decision to a higher court that consistently affirmed that rule. Just the fact that a rule exists is proof that the higher court favors the keeping of the rule in question.

           That said, think of causes of action as a set of social contracts, to which citizens have a duty and obligation to perform, and that when one of them is broken, you can rely upon a court to enforce it or make you whole, usually by awarding you money. There is a section in every law library that will list valid causes of action acceptable to the courts for enforcement in that particular jurisdiction. They vary from jurisdiction to jurisdiction. The federal government has a list of causes of action. You can read that list here. Anyway there are a couple of causes of action you need to know about that are very common, which you can use in your litigation.






Abuse of Process




           Abuse of Process is a very common cause of action or it should be. It will force a party to obey the rules and allows for you to receive damages. For example, often times it is a trick of the legal trade to hide assets by bending or twisting rules and statutes. For instance property ownership is often protected from attachment by simply leaving title in a dead person's name and never probating the will. One would pay the taxes on the property and since the property is not in his name, he can get government grants, (school PELL or grants to start a business) TANF (food stamps) and other welfare goodies. Probate was never intended to be a thirty year action. This is an "Abuse of Process" and is a valid cause of action for which damages can be won in a divorce court and may also result in criminal charges. It is a process. It does not happen overnight. Today there are many "Trust Fund Babies." Often times trust funds are misused or abused. Anyway, if you know a person who is a beneficiary of a trust, then you look for the declared interest in their financial declaration. If it is not there, then silently let the deadline pass. Then file a complaint for "Abuse of Process" because she is hiding assets from the court and begin discovery. If she is hiding her assets or even her interest in assets, you have a right to discover them. Now you will have your enemy by the gonads in a literal sense. By rule his/her interest is now your interest and your name can replace their name in the Trust. You may be able to seize this property and sell it or use it to pay whatever the court says you owe.

           Another Abuse of Process is if your ex filed a Restraining Order or Protective Order and lied or otherwise failed to meet the criteria. All states have statutes forbidding the award of the physical custody of children to persons currently under restraining or protective orders. This guarantees that physical custody will be granted to the person Abusing the Process, who lied to get the order so that physical custody would be a slam dunk issue. The state encourages protective and restraining orders because they are in bed with your wife for the money you earn. (The feds match collected money dollar for dollar.) For these orders, if you have one against you, then you have a right to an expedited hearing. Restraining and Protective orders both have specific elements that must be proven. Since she asserted things besmirching your character, it is now her burden to substantiate her assertions by citation to relevant material as mandated by URCP 7(c)(3)(A), since all orders of these types are a form of Summary Judgment, even if temporary, the judge does make a ruling upon the document without a hearing including opposition. Take advantage of this fact and force her to prove what she says or shut up. The entire purpose of the hearing is for her to prove her assertions by citing relevant material. If she claims you hit her or pushed her, then where are the police reports? Where are the pictures of her bruises? Force her to substantiate every last assertion and let it be known that the assertion does you damage because it removes the possibility of you obtaining custody of your children. Let them know you will take this to the supreme court. Now since she has asserted that your character is lacking, you now have the right by rule to show the court that not only is your character is not lacking but now you have a right by rule to have the court examine HER CHARACTER. This is where all those character references come in handy. You are now going to get them all admitted to the Court as evidence. And the Court cannot consider anything really that is not in evidence when making decisions or you will surely OBJECT and APPEAL! So when it is time to seek physical custody of the children, guess who has all of those character references and guess who has none. If the court does not rule in your favor for physical custody, you have a valid appeal. And of course you will remind the court who is a "LIAR," who Abused the Process by filing a protective or restraining order whose elements could not be established. Your character is established by your references. She has none. So she will have shot herself in the foot and you will likely get physical custody if not then, then on appeal. Always remember to do your legal research. It has been established that if you are married, you already have custody as a matter of a constitutional right. Your constitutional rights can never be taken from you without your consent. Never agree to give up custody! Or you will agree to give up your parental influence for a myriad of decisions affecting your child's health and welfare.





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