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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 113452
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I ATTENDED A FAMILY COURT ORDERED HEARING CONCERNING MY DAUGHTER

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I ATTENDED A FAMILY COURT ORDERED HEARING CONCERNING MY DAUGHTER WHO HAS THREE CHILDREN AGES 13-9- AND THREE MONTHS OLD. SHE WAS ARRESTED ON AN ASSUALT CHARGE 4TH DEGREE,FOR ASSULTING HER MOTHER DURING ONE OF HER DRUG INDUCED EPISODES.THIS CASE IS STILL PENDING IN CRIMINAL COURT. THERE IS ALSO A CASE WITH CHILD PROTECTIVE SERVICES ON GOING AND WE HAD A HEARING IN FRONT OF A JUDGE AND HE ORDERD A MEETING WITH ALL PARTIES INVOLVED.THE MEETING WAS HELD ON MAY 11 2016 IN LOUISVILLE KY.IN ATTENDANCE WAS, CPS,SEVEN COUNTY SERVICES AND A COUNCLOR FROM MY GRANDSON'S SCHOOL. ALSO IN ATTENDANCE WAS MYSELF,MY WIFE, DAUGHTER AND THE OFFICIAL CONDUCTING THIS MEETING. THE TOPIC WAS TO GET MY DAUGHTER INTO IN-PATIENT TREATMENT FOR DRUG ADDITION (METH).MY DAUGHTER AND HER THREE CHILDREN HAVE LIVED IN MY HOME FOR APPROX 10 YEARS. ALSO THIS MEETING WAS ABOUT CUSTODY OF THE CHILDREN. MY WIFE AND MYSELF WERE GRANTED TEMPORARY CUSTODY THROUGH CPS AT A PREVIOUS SESSION. AS THE MEETING WAS IN PROCESS THE FATHERS OF THE CHILDREN WERE DISCUSSED . ONE IS IN PRISON,ONE IS IN HIS SONS LIFE BUT PAYS NO SUPPORT AND THE OTHER IS UNKNOWN.AT ONE POINT IN THE MEETING IT BECAME A LITTLE HEATED BECAUSE MY DAUGHTER BLURTED OUT THAT I SLAPPED -HIT- OR PUNCHED HER DURING A DIFFERENT ONE OF HER DRUG EPISOLDS AND THAT I WAS DRINKING. I WAS ARESTED AND PLED GUILTY TO ASSULT FOURTH DEGREE, NO ALCOHOL INVOLVMENT WAS CHARGED. AND I WAS TOLD IF I DIDN'T GET INTO ANY MORE TROUBLE AFTER SIX MONTHS IT WOULD BE EXPUNGED FROM MY RECORED .I AM SIXTY ONE YEARS OLD AND HAD NEVER BEEN ARESTED BEFORE.WHEN MY DAUGHTER MADE HER STATMENT I SAID YOU CAN'T BRING THAT UP OR TALK ABOUT IT.THE OFFICAL CONDUCTING THE MEETING SAID HE COUILD AND STATED HE COULD TAKE THE CHILDREN OUT OF MY HOME AND PLACE THEM IN FOSTER CARE BECAUSE OF PRIOR DOMESTIC VIOLENCE IN THE HOME.WHEN I TOOK ISSUE ABOUT THE CHARGE I THEN FELT I HAD TO DEFEND MYSELF. THIS IS WHAT I SAID (I QUIT DRINKING AT THE AGE OF TWENTY EIGHT AND DIDN'T TAKE ANOTHER DRINK UNTIL I WAS FORTY ONE WHEN MY FATHER DIED.I ALSO STATED THAT I BECAME ILL IN APPROX.2001 AND TOOK CHEMO TREATMENTS 2 SHOTS A WEEK FOR TWO YEARS AND DIDN'T TAKE ANOTHER DRINK FOR SEVEN MORE YEARS AFTER THE TREATMENTS WERE COMPLETED AT THAT TIME THE OFFICAL ASK ME HOW LONG IT HAD BEEN SINCE I HAD MY LAST DRINK I STATED LAST YEAR AND MY METH ADDICTED DAUGHTER SAID( THAT WAS ON NEW YEARS EVE WHICH WAS ACTUALLY ONE MINUTE BEFORE MIDNIGHT.)I DIDN'T WANT TO START THE NEW YEAR DRINKING ANYTHING THATS WHY I TOOK A CELIBRATION DRINK A MINUTE BEFORE MIDNIGHT. MY TWO DAUGHTERS WERN'T RASIED WITH ME DRINKING ANYTHING FROM A TODDLER THROUGH THEIR PRE TEEN OR TEEN YEARS.... WHEN MY DAUGHTER TOLD MY WIFE AND MYSELF SHE WAS PREGNANT AGAIN I SPARINGLY DRANK FOR A SHORT TIME AWAY FROM MY WIFE BECAUSE I DIDN'T WANT UPSET HER. THE MEETING GOT A LITTLE HEATED. MY QUESTION IS........ HAVE ANY OF MY RIGHTS BEEN VIOLATED BECAUSE THE OFFICAL USED INFORMATION FROM THE EXPUNGEMENT. I FILL THE INFORMATION HE USED SLANTED THE HEAEING. MY QUESTION IS DO I HAVE A CASE TO SEEK DAMAGES. I AM A DISABLED VETEREN RATED AT 100%.I HAVE NEVER SUED ANYONE IN MY LIFE.
Submitted: 9 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
An expungement of a conviction only removes a case from public view, it does not mean the event did not occur and it was your drug addict daughter who brought up her first hand knowledge of the incident, which she had a right to do. It was then up to the mediator to decide the weight to give that information. Responding in anger to the allegations is something else the mediator is looking for. If you gave a calm and rational explanation for all of this and explained that this all happened because of your daughter's drug induced state and it was self defense that you had to stop her from injuring yourself or others in her intoxicated condition.
This expungement is not a conviction, but the incident that occurred still be considered as having taken place, so the mediator needs to be given a rational explanation and convinced you are no danger to the children and there is no chance of any such violent conduct occurring again and no such conduct has occurred since and it was a one time occurrence.
You cannot sue the mediator either, since the mediator is protected by statutory immunity from suit under state law for anything that occurs when performing his duty. You could appeal the mediator's determination to the court and seek a trial if the mediator rules against you. That is your recourse.

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