The judge did not even read a single line of what I submitted as was evident by his lack of knowledge of basic facts in the case which if he had read even one document he would’ve been more than aware of.
For one I was never served anything and when I became aware of the fact a default was entered, I immediately filed a request to set aside the default as well as the reply I would’ve if I’d been served or aware. In court the judge didn’t let me say anything as to present my case which I feel was well laid out and proven through actual phone records and other. Instead he kept telling me I had communication with police in my town and kept referring to a document I had said over and over again I had not seen or any knowledge of so to ask me to answer to it is something I can’t do. After court I did get back in touch with the Self Help clerks and is able to obtain this document which he was talking about that he kept saying was from me however it’s the exact same word document that was submitted with plaintiffs proof and nothing more than a typed up word document which is communication he would’ve had with the police not that I had. Plus after that I went and got on the transparency report for my town to see every time that they stopped at the house that I used to live at just to be able to back up my claims further and found that the police had only gone to that address one day before the hearing was set and no other times. They also went during the day when the current occupant who is my former landlord was at work. They left no notice or other to verify they were even there. That is the only time they came by and I looked for dates for the entire month of July to verify. But the communication the judge says I had with police is actually sent to them by the plaintiff and is nothing more than a word document that can’t serve as any form of proof. I also provided texts from all days in question by screenshot of my own as well as phone records. They do not indicate anything that would make me or any reasonable person to think he was doing this. It’s normal banter about what did you eat today and how did the appointment go etc.
I was not served! This is an act by a man who is married, got me pregnant, and now is trying to avoid any responsibility to our child. The reason we stopped dating was I learned he was married in February. We had no contact for three or four weeks until March when I learned I was pregnant.
I submitted phone records to show that I didn’t make any of the text messages or calls which he alleged I had. Not to mention his documents or proof is nothing more than a word processor typed document, nothing to show actual verified phone records. What I submitted was actual Verizon logs and screenshots as well as had a digital forensic expert for the state of utah download them in a program they use to further verify them. Mine countered his and mine would hold up to the evidence standard while his would not.
The judge wouldn’t even open the case he just basically hammered me and told me he didn’t believe me for the few sentences I got to say. I never got to make any argument as I had requested because the judge just hammered me and accused me of lying and did care if I had documents or not. I asked to see them as was instructed prior to do by the self help clerk and was denied.
I showed I was not served and I did not live at the address used which the other party knew for a fact. The judge claimed he read my statement and reviewed my submission. But I I know that’s not true simply because when I brought up the fact that we were having a baby he seem to be shocked like he didn’t know about that and then he accuse me of faking it even though I was sitting there pregnant as could be! Trust me, I normally weigh 114 pounds. So eight months pregnant on my tiny body is not something one can mistake! He also didn’t have any concern for the fact that I didn’t have any documents he was using to make his order solely based upon, and that was my whole argument in the first place. I was never sent anything and there I am saying that’s why I need this re-open because nobody sent me anything nor do I have what he kept referring to. I said at one point I don’t even know what you’re referring to because I wasn’t given that either and yet he’s sitting there telling me I’m lying. He asked me if I was Accusing the police of lying and said I hope you’re not inferring that. I said no I’m not I’m not saying anything because I don’t even know what you’re talking about. And he just kept saying I don’t believe you.
I’m having a baby in six weeks at this point I don’t want anything to do I don’t even care to have the father involved who is the plaintiff. Im trying to make a good future for me and the baby, but I’m not gonna be able to sit for the bar considering the RO now made permanent by default. I proved that I didn’t even do any of the things he was saying I did to even get the tro. I proved I was in class during some of the alleged altercations, that I was also thousands of miles away, I proved various things that made it impossible for what he claimed to get the restraining order to have even happened.
This is going to ruin my future and especially considering that this guy screw us over big time like that’s not even the whole story if you saw the file like what I put in there it it explains it all. But to give an idea he also promised us things and told others in the Montana court that he was doing that only to then file this without my knowledge and back out leaving me homeless and very pregnant.
I honestly just want him far away from me considering he would do this to us. My rights were violated and I wasn’t given due process or a fair hearing.
The other factor I tried to bring up was that he apparently had filed this tro on X date and I sent records to show that we were in contact regularly having a normal conversation for weeks after that without a word on any of this. I had no knowledge of any of this going on. Why did he file this then continue to talk to me as if everything was normal? The judge just wouldn’t listen.
The other strange thing is that I live in Montana. He filed this in Marin County. The last time that I was in California was when I got pregnant in February. I haven’t stepped foot in California since. I don’t even understand how they have jurisdiction when I haven’t lived in California since 2005. I was there in February for 4 days that’s all. Another thing to is that to all these accusations he makes to get the temporary order not one time does he said that he called the police that there was police involved and he made a report nothing because he couldn’t because it didn’t happen!
The other concern that I have is that because he made us homeless I’ve been trying to find a place so that I can have the baby and we’re not on the street, but where I live if you have an active restraining order against you you cannot file for apartment because you won’t pass the background. Also as you know you have to register with the bar which I am registered with the bar in California because that’s the only bar that excepts my school and that’s who they make us register with so I’m waiting for any minute to be like denied that too.