Wednesday, November 5, 2008

11052008 - Court Hearing Transcripts - Divorce Case - CAUSE NO: 64D01-0708-DR-7804/Porter County Superior Court, Valparaiso IN - Ex's Bench Warrant










Attorney Shaw and my ex failed to appear at an October hearing. Magistrate Johnson did not hold my ex in contempt. Johnson did not hold a default hearing. Instead, Johnson rescheduled the hearing to November 5th. On the new order, Johnson stated that he had changed the court date due to court congestion. We waited an entire hour for Attorney Shaw and my ex to show at the October hearing. Johnson heard no other cases during that time.








My ex had an outstanding warrant for his arrest and he knew he would be arrested if he had appeared for this hearing or the hearing scheduled in October.




Magistrate Johnson was made aware that I had no telephone service and thus no way to call the police if my ex came to the property. My ex still had an outstanding warrant for his arrest in regard to his August threat to kill me.






Yes, my ex had violated the provisional orders, the maintenance orders, and the protective order more than 300 times since August 2007.  It had gotten to the point that on a daily basis my ex was violating at least one if not all the orders. No one seemed to care or attempted to reign him in. My ex got away with whatever he wanted to do to me.







Attorney Shaw's comment about my complaints of his harrassment and intimidation: What he didn't tell Magistrate Johnson was that he was contacting me regarding the criminal case against my ex. I forwarded Shaw's emails to the prosecutor, who in turn slapped Shaw's hand for contacting a crime victim. Attorney Shaw then sent me another threatening and intimidating email regarding the prosecutor's office contacting him over the emails he sent me. The prosecutor's office again slapped Shaw's hand.







Failure to protect - Johnson forgot that there was a bench warrant out for my ex's arrest?







Magistrate Johnson refused to honor the arrest warrant at the September hearing. And now he is blaming me -incorrectly - for not cooperating with the polilce, as the reason for my ex escaping the arrest warrant.






Failure to protect - Twice, Magistrate Johnson tried to shut me up about the arrest warrant by telling me : "We're not going to address that today..."





Failure to protect - Johnson's solution to the threat that my ex poses to me: "Then why don't we just have a final hearing on the 24th?"





Mr. Shaw had emailed me several times after the September hearing, claiming incorrectly, that the provisional orders were no longer in effect.




Magistrate Johnson realizes for the first time that during the last year, there has never been a wage garnishment for my maintenance. My ex paid the maintenance whenever he wanted to and was thus often in contempt of the order.








Attorney Shaw and my ex were in contempt of the September order to produce my ex's financial declaration forms. During this hearing, Shaw held up a flat manila envelope and claimed that it contained my ex's documents. Magistrate Johnson did not have Shaw display the contents of the envelope. He did not hold Shaw or my ex in conempt. At the hearing on November 24th, Attorney Shaw and my ex would claim to Johnson that they had no financial documents. Shaw was not charged with purjury for his lie to the court on November 5th.

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