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Malpractice, court proceeding tampering, Allegheny county family courts: Two of my lawyers, and my wife's lawyer, and the court of record have participated in collusion. Not necessarily altogether. However, I've spotted a tampering with a PFA proceeding and the malfeasance on the lawyers behalf. What is the remedy?
Also, need to know if signing the illegally derived PFA extension of continuance and following consent decree will hinder a remedy?
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The current offer is a continuance of a temporary pfa and a consent decree following which states the same...
my lawyer states that he isn't even going to be available for the hearing tomorrow, believing that I would just sign off, although an associate would be available...
The full PFA has not been issued yet. That could conceivable happen tomorrow if I enter into a hearing.
The deal is rotten from top to bottom. Please provide a fuller remedy of the situation? Also, please let me know what options I would lose should I sign the bad deal...
Thanks. Perhaps, I wasn't clear enough in my follow up question.
I'm concerned about losing legal remedies as discussed in my original question which was about malpractice, collusion, and court system tampering. Appealing to higher authorities like the supreme court or opening investigations, or even suit for malpractice. I wanted to know if I would lose any of these things by signing a continuance of temporary PFA?
And what my "remedies" would be after signing the continuance of the temporary PFA?
(I'm not concerned about losing my 2nd amendment rights)
In direct response to your last response, "if I Know" the aforementioned and sign then I lose rights to appeal and can't raise those issues later.
The point of the other redresses I mentioned including an investigation, etc. to find out the facts of what has occurred or is occurring.
So, it's a weird question of whether or not I "know" the aforementioned.
To stop mincing words: how do I raise these issues prior to signing anything and to whom do I raise these things?? I found that the governing bodies are all requiring claims and forms and time to look into it...
So to be clear - to whom do I raise these issues? (My current counsel is not going to want to hear that I'm questioning their work on my behalf)
This is why I'm requesting an investigation. No one is going to be forthcoming with me about impropriety. Why would they. There isn't anything else I have but observing with my own eyes and ears. So how else would I have evidence?
I can only file claims and ask for investigations. The PFA hearing is tomorrow at 11am, and so it's not possible to say I filed claims unless simply putting the claims I filled out in the mail is to say I filed claims concerning these events.
While there haven't been any major incidents with my wife, and there is evidence to the contrary of her fear of me, considering we had 2 visits with her and my children together as a family prior to her filing the PFA, I do believe counsel is correct when they say that a few minor things without police reports would probably grant her at some time period of a PFA...
So to be clear:
1. How else would I have evidence aside from my own witnessing?
2. How can I say I've filed claims with so little time to do so - all agencies saying fill out a claim form and mail it in?
3. As my lawyer said he won't even be available for the hearing, but maybe an associate, and since he even after I inquired did not tell me what witnesses or even ask for what witnesses to subpoena, then wouldn't this be an obvious continuance issue? (plus a change in counsel where he didn't even receive my file yet?)
I think the question turns to how to get a continuance from tomorrow's hearing???
Can you give me the criteria that may apply in order to get a continuance granted??
(you already know, switch in counsel, no direction on witnesses, I have some witnesses not able to show; out of town; business etc. Plus in my case Police would need subpoena'd).
So how do I get a continuance?
As previously stated if I sign off to a PFA I could lose my right to other redresses, correct?
To get clarification; what I'm signing off to is a continuance of the temporary pfa, which would be dismissed after 90 days and then a consent agreement which basically says the same thing as the continuance / temporary...
1. Do I lose my right to other redresses simply signing off on a continuance?
2. What does a consent agreement mean legally in terms of binding? It's a contract? Not a contract?
3. I understand that the consent agreement can only be enforced civilly which means by suit, but is that it?
4. The consent agreement states agreement of both parties to modify or by "Order of Court"... So aside from filing for custody which would be a new order of court, is there any other filings which could modify it?
5. And lastly, how can be expected to allow my wife who I still love and cherish as I'm called to do, simply just get away with her part in this given that she has sexually assaulted me, mentally abused me, quasi abused the children, and as a high school teacher had her students give her back rubs in class???
I'll admit number 5 is optional, since it's more of a moral question. Although, it's probably the most important question.
Sorry but a few more questions:
1. Does signing to a continuance of a temporary PFA AND a consent agreement (in order to get opposing council to agree to the continuance) bar a revisiting of the consent agreement following the 90 day expiration of the continuance? or would that have to be done like suggested in your previous response. (I do not care for this upfront consent agreement at all)
2. Can I move to vacate a signed continuance? Or make another similar motion? I'm assuming I'm stuck with the 90 days on this one, but I thought I'd ask.
3. Can I move to modify the consent agreement before it takes affect?
4. Assuming I sign both documents; my next decision is to sue my wife and our previous marriage counselor. My wife mainly for intentional infliction of emotional harm, the marriage counselor as the witness. (this is called tough love). So am I hindered in a civil suit process by signing?
5. The civil suit against her is relatively easy, given the testimony of the marriage counselor. How many times can my wife berate her husband about an abortion his previous girlfriend had without his consent in a counseling session - I believe she hit about 22. But there's more of course. The marriage counselor - told me "unless this is all a big set up and a giant waste of time"
6. Problem is, while I know it's a deprivation of rights problem I've been facing under duress, as would be this signing, she's the most direct line along with the marriage counselor to resolve this, and she does need to understand that her actions are wrong. Especially if she's going to go ahead and get the majority of custody...
7. Once again, it's my belief that the proceeding is not legitimate. BTW, can you tell me what the name and address is of where PFA's are held in Allegheny County?
1. I'm not sure you're right on the last point 7. It is an interesting question because the internet tells me something similar, but that's not what my paperwork reads..
2. But back to the question number 4. What I'm being asked to sign is a continuance of a temporary PFA, and then I'm told there will be no findings once that has run out after 90 days. If this is true, I can agree to signing the continuance. Is this true to your knowledge?
3. I also, agree about not signing anything I don't agree with, so I want to make sure... I don't think I can sign the consent agreement as is. Unless it's modified before proceedings. We did not have a conciliatory hearing at the 1st continuance presumably because the judge called off sick, so I'm still entitled to that process am I not?
4. Also, at 10pm it's getting late. I left it with my current lawyer that I would probably sign and scan and email him the documents. I need a solid answer on if there would be no findings after a continuance of temporary pfa question, then I can sign that, but let him know that I don't want to agree to the rest... So if there would be a better resolution it would be through a conciliatory hearing, otherwise, I can't imagine any more negotiations would take place in the morning, and then it would be another continuance - so any idea how long another continuance may last??
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