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Wrote a private message to a friend, it was intercepted by

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Wrote a private message to a friend, it was intercepted by another person. This latter person said what I wrote frightened her, although I did not know she could even access what I wrote. The person then got a judge on New Year's Eve to give her a TRO based on about six major lies - and the judge used those lies as "count one" (repeated nonconsensual contact/stalking, CIVIL, not DV Criminal). The "repeated acts" were that ONE message to a third party. The other "count" as part of hte "repeated acts" was the lie that I had been told to "stay away from the office and to quit calling" which NEVER hapened, and their dental assistant, who quit over this matter since she, too, was being abused by the woman who filed the complaint. This woman has lied, manipulated the judge (who revealed mid-hearing that SHE was a patient of the Plaintiffs clinic and said, "I should recuse myself" but then, did not. I filed a Motion to Dissolve the order because it is totally false. I did say something about her online .. ONE paragraph! Privately, to another person entirely! But I did not threaten her, did not make a statement about wanting to hurt her either, and I had no motive or means to hurt her. But the judge said it did not matter, that because the woman SAID she told me to stay away (but cannot prove it and I asked for proof) and because I AM a writer and between the woman and I, we have over 690 email messages back and forth for 2 years and she NEVER asked me to stop writing, in fact, she encouraged me to write to AND about her and her business. BUT when the Dental Board begin investigating her and her husband for dental malpractice, insurance fraud and more, the women went either mental on us all OR she was just getting her wagons in circle, believing a lawsuit was headed his wafe
Submitted: 1 year ago.
Category: Family Law
Expert:  N Cal Attorney replied 1 year ago.
I'm sorry to hear this.

Did your motion to dissolve the order mention that the Judge was disqualified or stated she should be?
Customer: replied 1 year ago.

No, I left that part unsaid. I just didn't want to open that bag of worms until I just HAD to. Now, it appears I may have to -- and report her to the Judicial Committee, too. I'm very ill and it takes me twice as long to do anything but I DO get it all done. With the Court itself being backlogged so badly I could not even get a copy of what was said in the ex parte hearing until two months after it occurred and one month after the initial hearing in which she interrupted me with her info about being their patient, I've had to fly in and out of Ancorage to see multiple specialists ove this dang dental nightmare!


 


1. Notice of Hearing to Dissolve the Protective Order was signd by the Clerk of the Court on April 25th an dmailed. I got it April 29th. Te hearing date is set for May 3 - - two days from thedate fo notice! I am not ready for this hearing yet, and honestly? Not sure WHAT to even say that I didn't already say in that Motion to Dissolve: I identified where the Plaintiff had lied, and then said it was only due to the Court's inability to give me what was said in that meeting so I could mount a defense. I went in winging it, and .... lost. Due to ther P's lies and the judge's bias.


 


Think I should ask for a new judge at the same time I ask for continuation? OR ... file that, and wait ... then next week file the request for a new judge? This one is CLEARLY BIASED if you just listened to the CD of the ex parte hearing! It's like ... unreal. Just lie, after lie, after lie. It makes me look horrible. The P also include private messages, taken out of context in the wrong chrono order and excludes her own remarks back to me! I was, as the old saying goes, railroaded. BUT in AK, we have a fabulous AG, and things WILL be changing -- like getting rid of politically appointed judges like this one She's a real piece of work!


 


The former dental asst at the clinic of these two who filed the TRO complaint has turned state's evidence against them with the AK Dental Board and the AG's office, and there are multiple patients now checking out a class-action suite. The one remaining Plaintiff, LN, had her lawyers respond to my request with a nasty letter, bullying me and trying to intimidate me by saying that what I wrote for Jackie's eyes ONLY, not the Plaintiff's ... was a "plot to kill LN." A PLOT?! HUH??


 


This is a CIVIL DV "Stalking" case and we don't really even HAVE this kind of thing here. I think the judge made it up to accommodate the alleged victims in this matter, who turned out to be her doctor/dentist! Unreal thatshe did not disclose from Day One . Judge showed up at the clinic AFTER hearinog, twice in ten days, and let the dentists brag to her about the gun he was wearing ni a shoulder holster -- to shoot ME! Then, I learned LN is ALSO armed and that woman is a totally scary woman. She beats on him, and is into very kinck stuff and well, now I fear for MY life but mostly due to the repeatedly "adrenaline rushs" making my glucose zoom up into the 450+ range and heart rate, sustained for many hours at over 100! THAT will kill me eventually -- thank god for mommy's little helpers! I have four stents in my heart and this is NOT good. Hep C from blood transfucion in Fairbanks in the 80's, horrid diabeti neuropathy, no place to inject anymore and have to have the insulin pump installed --- and see that specialist on te day of this hearing! I GOTTA get the date changed because I will miss this specialist that I've waited to see for SIX MONTHS. We ARE in the Bush! I've managed to met every deadline (barely) but I DID, sick as I'm. Why is the Court getting away it blowing EVERY deadline, making law from the bench and in general, stomping all over MY rights. I am going to report her and I guess I SHOULD do it the same day as I ask for the continuation based on my need to get medical care and the fact that I had only 48 hours to prepare for this Hearing to Dissolve. I'm beat. I'm tired. I'm having panic attacks AND Prinzmetal's angina attacks too. Oh and yes, the gastroparesis, plus NOW ... the new concave hole in my face, and now this week, MOREproblems with the dentistry affecting my life super negaively. I've lost my face, my identity. BUT this isn't abut that ... THSI is about what I've mentioned ... continuation based on?? and judge recusal based on a mid-hearing disclosure to me -- after I'd written an email to our state investigator flat out telling her that thee would not be justice for me in THAT woman's court. She has pulled some nasty strings before and screwed me over, when I had actually also acted for the common good - got a drunk off the road, who happened to be theformer magistrate's son, and my exboyfriend who had had serious alchol problems and refused to giv eu his keys! Had him busted, and NOW .. he's thankful but then? He tried to say *I* owed him $5000 ... when the opposite was true. Icy weater prevented me from being 1st on the docket, and I called andconfirmed we'd beenput down on the list for


 


That judge read aloud the stalking law but she deliberately left off the word KNOWINGLY ... I had to KNOWINGLY repor


 


I want this over with, and myname cleared, the judge reprimanded and these two jerks who started it alll, their license yanked.


 


Luanne seems to think I am her worst nightmare bu they, there ARE others ou there wiht HUGE axes to grind with them. Charging $10,000 for a $3500 procedure, and then doing it wrong will NOT win you any friends in a remote Alasan village. People tend to disappear into huge crabpots here on Kachemak Bay, per a State Trooper there may up to 47-49 missing persons in that bay! I have a phobia about drowiing,


, I've been in and out of the docs dozens of times.


 


I now officially have the diagnosis of PTSD over all this mess, and anxiety disorder, and major clinic depression -- from the intimidation, bullying fro opposing counsel and the judge, as well as the HIPAA violating conduct of the dentist and his wife. They bragged to the judge, who saw them twice in a 10 day period after the 2nd hering (about changing the TRO to a 6 month PO - which I lost due to the Plaintiff's WORD being enough "evidence" to restrict my freedom in this tiny Alaskan village ad dragged MY name in the mud!


 


SO ... file for a continuation AND ask for a new judge?


 


OR just file for the continuance and then .. next week, file for a new judge if denied?


 


 


I DO so appreciate any advice you wish to share. I wish I had more cash but due to disability my piggy bank has got to have the skinniest profile ever! THANKS so much for your time.


 

Customer: replied 1 year ago.

SORRY! TRIED TO DELETE THAT LONG LONG ANSWER ABOVE BUT IT CANNOT EDITED OR DELETED FOR SOME REASON! YOu CAN IGNORE IT!

 

No, I didnt mention it. I thought that I should be silent abot the judge's conduct and just reprt it to the Judicial Committment. First, get it dismissed and THEN file.

 

Now, I have to file for a continuation today and I wonder, should I see as my reasons is the lies, the judge's conduct, and the outrigh lies of the Plaintiffs?

 

It's all really crazy. I'm "charged with" stalking yet there were not repeated act of nonconsenual contact- NONE. Just that one private email to a third party! ONE thing,with permission to a third party ... andthis woman can curtail my movemens based on her whims.

 

Also, need more time to get witnesses together!

 

Customer: replied 1 year ago.

Thank you. I sent a draft by mistake to answer you, and could not delete it. Teh 2nd reply was the short one that I wanted to send. I apologise for any extra work this may have caused.

Expert:  N Cal Attorney replied 1 year ago.
The statute on disqualification for cause is posted at
http://statutes.laws.com/alaska/title-22/chapter-22-20/article-01/sec-22-20-020

(a) A judicial officer may not act in a matter in which
//
(9) the judicial officer feels that, for any reason, a fair and impartial decision cannot be given.

(b) A judicial officer shall disclose, on the record, a reason for disqualification specified in (a) of this section at the commencement of a matter in which the judicial officer participates. The disqualifications specified in (a)(2), (a)(5), (a)(6), (a)(7), and (a)(8) of this section may be waived by the parties and are waived unless a party raises an objection.

The judge violated the above statute by failing to disclose her relationship with the other party at the beginning of the last hearing.

You can request a continuance if you need more time to prepare for the hearing, and you can move to disqualify the judge at the same time. I don't see any reason to delay making a motion to disqualify the judge.
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 8234
Experience: since 1983
N Cal Attorney and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you so much. I'm sorry for the terrible typing but I'd been up for a full day and night, and well ... it showed! Per a Court clerk, I'm filing a Motion for Continuance. Then also, an Expedited Motion about the motion to continue. And, at the same time, since I'm filing all at once, another Motion to Disqualify the Judge. I'm sure AK has some forms for that latter motion! They have online forms for all else but the person has to know enough to "fill in the blanks." YOU have given me some great places to check, and include in that Motion to Dismiss (Disqualify .... lol, whatever it's called!). The whole thing has been like taking the sacrificial lamb to the alter six times and making small cuts instead of just one 'end it all' big one! I may be havnig panic attacks like mad but they are not going to get away with this mess as long as I can type! :-) You are very kind and patient. Thank you so much. I wish I had more money but it is said: what comes around goes around! If you are ever in Alaska, you will have to let my son take you fishing, hiking or on a photo safari! :-)

Expert:  N Cal Attorney replied 1 year ago.
Thank you for the Excellent rating, and thank you very much for the bonus!

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