I had only had one instance in which I faced litigation.Back then,I was “heckled” by people who gave me a look like ,”She can’t do this!” She is not smart enough! By whose standards? Well, in that case,I let that become a challenge. People were directly questioning my abilities. I could’ve just laid down to take the onslaught! I ended up using their mistakes against them. They attacked my capacities including:
A. Educational level.(That was settled by a documented GED from an accredited local college.)
B.Psychological competency.(Their witness,a psychologist, was forced to reconsider her initial psychological assessment of me , due to the fact, I was able to challenge her for not allowing for the complete context of my answers during the testing.)
C. Physical competency to raise a child.People cannot be discriminated against raising a child solely or in part due to a disability! If that were the case, then ALL disabled parents of children would have their children taken away.(You be the judge on that one!)
D.Parenting ability.(That could’ve been lacking,but not sufficiently enough to warrant a charge ,without also regarding the other factors,including for instance,the OTHER defendant in the case!) Wow! Talk about all barrels pointed ,locked and loaded,AT ME! (TSK, TSK.) Makes me laugh. The opposition went to law School…I didn’t! They supposedly could put me into my “intellectual place”? Yeah! Right! I made mistakes. A lot were due to accepting counsel of a “husband” back then ,who was able to skirt his own responsibility in the situation! If the laws were different,it could’ve all been settled, and Juris Prudence would’ve seen just cause to put the fool on the Bulls-eye! I was prepared to fricassee him. If two parents are deemed “responsible” for the welfare of their children, why then hang it solely on the one they think SHOULD be the target? I guess I was easy-pickings? Okay,pick away.Let me have it!I wish I could’ve been able to show the court just who he really was.
When receiving a “Petition” ,one must have ample time to “answer” it , at bare minimum allowance;within 24 hours before the proceedings. I managed that day to answer within …get this…15 MINUTES,with the proper format and order of delivery ,the opposing counsel was “Bug-eyed”!In cross-examination,they “forgot ” how to prepare their witnesses! ( I laugh at that one!)All it took to show their ineptitude, was ask a simple question, wait for their “answer”,and watch the body language of said witness(es)! The witness(es) disregarded the one asking the question, the rules regarding witnessing on a stand, you name it. I requested the court to instruct a baliff to take the file away from one of them, and set the whole file on the floor. That really did tick them off.If it was a chess match, they were so close to a “check-mate”! The Judge that day growled at the opposing counsel, and warned them to properly prepare their witnesses BEFORE COURT proceedings!(He was so incensed at that moment, he almost declared a mistrial!
After that, the opposing counsel , who was the “state”, got brazen enough to trump up a “stalking” charge. Hmm…How did I answer that one ,you might wonder? Well, first of all,I asked the local law enforcement entities (via discovery),if there had been such offense occurring /or to have had occurred 6 months prior to the date in question, or 6 months afterward. The answer from both was a resounding,”NO”! When I entered into court the next time with myself armed with that “truth” ,I waited! I waited for them to address the court,and add a “criminal” charge of “stalking ” to the pile of charges.
When I was allowed to address the court ,as was my right as “Pro – se ” counsel,I entered the verbal account of how I was able to discover that the charge they drummed up was completely untrue. (I admitted that I had gotten the information under”false” pretense.I told the Judge that I had acquired,through stating I was a “para-legal” representing the Defendants!(In retrospect,I could’ve just told them I was Pro-se , in the case!)
There were many things I did wrong however.I admitted them in the past.I keep them as a reminder in the present,not to repeat such errors in the future. The point of this post is meant to show that a common person can learn very quickly, how to fight back!!!!!
In the end, the case was “resolved”. The winners and losers in the case hopefully learned a valuable lesson :Don’t underestimate the opposition!