The following is for the most part what I read to the judge. I may have adlibbed to this, but it is the best I can supply short of getting court transcripts.
Contempt Hearing
Notes: 4/3/13
Your honor we are here today for no
other reason than for Mr. Joseph and Attorney Arabasz to continue their
assaults and use this court to continue their assaults on me and harass me.
1 - Firstly, I am asking this court
for immediate intervention and investigation as to the safety of my children
since Attorney Arabasz and his client state Mr. Joseph’s RESIDENCE is 650
Plymouth St which is a commercial business not a residence and he told this court
of a different address.
2 - I am in the process of seeking
legal representation and therefore, requesting continuance under the ADA and my
right to legal counsel due to my disability which was disclosed to this court in
previous numerous occasions.
3 – This case and order is pending appeal and
request this contempt is postponed pending outcome of appeal., which Attorney
Arabsz and his client are aware of.
Both Attorney
Arabasz and his client know I have no money, and unable to comply with orders.
They know it is not malicious or willful in intent but an inability.
ALSO, they only
filed this right after I received a phone call from the SEC and USPS Inspector
regarding Mr. Joseph’s and Attorney Arabasz’s conduct. As in similar past
filings by them, this is purely a motion to harass and abuse me. The court
orders currently outweigh if complied more than I make in income leaving no
money for basic survival and necessities or travel to and from work, licensing,
food, personal hygiene, and phone.
As previously testified
and motioned, I repeatedly asked for court assistance stating my inability to
comply with court orders as they stand and I asked for assistance. The court
decided not to address these issues in the hearing in January 2013 and once
again when motion for gateway denied soon after.
I cannot keep filing motions with the court asking for
assistance due to threats of termination from my employment as well as negative
recommendation for future employment.
1.
Email from Debra stating negative reflection on
job performance as directly attributed to this court case.
2. Lay
off different than termination.
As testified in court in January
2013, I asked the court for help in regards to the supervised visitations,
child support, and requests for services under the ADA
1.
In regards to the supervised visits, Attorney
Arabasz once again misled the courts stating I had not contacted Mark Kaeys.
Attorney Arabasz has no documentation supporting this statement but yet wants
the court to believe as FACT I did not make any attempt.
2.
Mark Kaeys is NOT available for supervision per
my conversation with him and I specifically asked the court in January for help
in this matter as I cannot afford what is stated in the order.
3.
I also testified in court in January 2013 that I
went to the Probation Dept, to try to find an alternative with no success. I
once again asked for court assistance in this matter in January 2013. The court
did not address this request.
4.
I also notified the court of my pending layoff
from current employment in which I may not qualify for unemployment. This court
did not want to see the teach out letter to employees nor did it want to see
the job applications for attempts to gain new employment.
5.
I also testified with attempts to show incident
reports and letters to Attorney Arabasz for his failures to comply to phone
calls and even placing a call restriction on my number preventing from my calls
going through as verified and documented with police department despite court
ordered phone calls. I did not file contempt against Mr. Joseph due to threats
of loss of job.
6.
The court did not address my pleas and request
for help to fix this matter.
Mr. Joseph and
Attorney Arrabasz have engaged in malicious abusive conduct in this case
without consequences despite the constant reporting of misconduct to this
court.
They have also engaged
in witness tampering tactics as reported to the court on numerous occasions
with threats and I believe Attorney Arabasz has already been in trouble for
this in 2006 as recorded during a 209A.
Mr. Joseph and
Attorney Arabasz admitted to stealing assault and battery evidence from the
Plympton Police Department to prevent charges against Mr. Joseph from going
forth. We would not be here today your honor, if this did not occur, as those
charges would have prevented Mr. Joseph from gaining custody of the children.
Attorney Arabasz
has used his status as a court official to steal evidence in a crime, maliciously
fabricated and lie to the police department in an investigation obstructing
justice, engage in multiple unlawful acts. He has stolen my identity and to
this day has refused to tell me how my private nonpublic information was sent
to him via fax without my consent or knowledge.
He aided and abetted his client in a theft of a $50k investment check,
another $30k insurance check as
evidenced at trial and once again told a different story to this court than
originally to law enforcement.
Mr. Joseph testified he makes $100k, has
50+ employees, is a RVP of a large fortune 500 financial services company,
driving a newer model Infiniti and Toyota Sequoia . YET he testified under oath
that he gets FREE health insurance under MASSHEALTH. According to Masshealth
guidelines, he does not qualify so either he is lying to this court or he is
lying to Masshealth. Cannot have it both ways. Either way it is perjury or
fraud.
My income is currently
at or below poverty guidelines, yet because I have employment and have some
income now, my insurance is now Commonwealth Care that I must pay into and is
still a Mass Health product. Yet Mr. Joseph makes $100k a year and gets FREE
insurance and is above poverty guidelines.
So my question to
you your honor, what did I do so wrong? I never abused my children. I do not
drink. I do not abuse drugs. He stole my children as proven in the trial by the
testimony by DCF when Mr. Joseph and Attorney Arabasz gained ex-parted custody
under false pretenses as well as the impeachment of his witnesses which should
have made the subsequent testimonies by Mr. Joseph questionable. Yet, here I stand before you once again
begging for mercy and assistance for my children who will one question why they
never saw their mother again after that fateful day in Sept 2007. Mr. Joseph as documented has told the children
I do not care to see them and do not want to see them. To this day, no judge or court has said what I
did wrong to be ordered the kind of orders given to child rapists, molestors,
drug addicts, alcoholics, and murderers where there are numerous cases where
these individuals have more rights than I and NO ONE has ever told me what I
did so wrong to deserve this. NO ONE said what my children have done to deserve
their fate either.
By this court rendering order allowing my
request for court tapes and all costs to be waived under indigency is a
judicial acknowledgement that I am unable to comply with this court order. The
bench stated “I will take care of the costs administratively” in reference to
the court tapes during the hearing in January 2013. Those same indigency rules
are supposed to apply in cases with supervised visitation.
Why won’t this
court do the same for three innocent children who desperately miss their mother
and want to see me as testified in court and as submitted by the children’s
previous therapist and Court Appointed supervisor Mark Kaeys which the court
opted to not take these two professionals who are familiar with case and
interaction with the children into consideration when rendering the court
orders regarding visitation.
Why has Mr.
Joseph and Attorney Arabasz been allowed to laugh at this court, yell at this
honor disrespecting the court, and repeatedly testify to the following:
1. No
intention to comply with court orders
2. Stalking
and harassment
3. Theft
of monies
4. Id-theft
– repeated on at least 4 occasions
5. As
well as intentions to brainwash the children for the children to forget their
real mother exist as testified by Attorney Arabasz on numerous hearings.
Why is this court
ignoring the previous court ordered supervisor’s Mark Kaeys and child therapist’s
recommendations? The court has not given an explanation as to why these experts
written testimonies are not relevant in this case and why their recommendations
should not be written into order to render such as harsh order as this court
has done?
Why are my
children punished for their father’s flagrant disregard for orders as stated in
your order by ordering supervised visitation because father was found guilty of
contempt, but both my children and myself are punished once again by his
actions. There is NO explanation to that.
The devastation
and constant allowance of abuse is very hurtful and makes me afraid of this
court and feelings of continued injustice.
The fact this court has chosen to not act in saving these children from
continued abuses, has caused me tremendous trauma.
When a parent
loses a child to say an illness or accident, the parent is allowed to grieve
and the ability for that parent to move on and heal is allowed. There is an end
date to their grief. Every human being goes through this process, and does not
discriminate. It just is. Kubler Ross shows the grieving scale.
However, when a
mother has the children taken ex-parte
on false pretenses, a parent grieves and continues to grieve with NO end
date to completion as long as an abuser is allowed to use the courts, law
enforcement, and other agencies to stalk, harass, and abuse their victim. By
failing to put a stop to these abuses, has caused me trauma.
I have endured
repeated trauma as documented in court records with repeated pleas for help
with no success over a seven year period of time since 2006. When we had the trial, I thought justice
would finally prevail for the sake of the children, but it did not and was very
traumatic for me.
I have a
disability as notified to the court on numerous occasions and requested for
assistance. Under the American
Disabilities Act (ADA), I have repeatedly requested the courts for assistance
and help in my case due to my disability. The court has denied even hearing my
requests which are rights I am guaranteed under the Constitution under the
American Disabilities Act.
The bottom line, I
suffer from these traumatic stresses as a direct result of this courts inaction
of protecting me and my children from harm causing a host of physical issues as
previously stated to the courts since 2008. I also understand that under
the ADA, it is a civil rights statute so it is strictly enforced and rights of
immunity do not apply.
This court is aware or should have been aware
that this case began as a domestic violence case in 2005 and this court has
been repeatedly reminded of the duress it has caused me. The abuse I endured
and witnessed by the children (as documented) has escalated over the years via
domestic violence by proxy.
I am a human being and a mother who loves her
children deeply but has been almost completely deprived of her children for
over 6 years. I have not seen my children since August 3, 2011. I would
not be normal if I were not upset and distraught over that alone. I lost
custody via ex-parte in September 2007 after being forced to lift a restraining
order in order to get the arrears in child support owed as documented in court
records. I have been pretty much shut out of my children's lives completely
since Sept 2007.
As a protective mother trying to protect her
children from abuse, I went from having a restraining order to being forced to
lift it to almost never seeing your children again for no just reason. I
have NEVER been given an explanation as to why.
I have missed ALL of my three daughters
birthdays, first day of school, first dance, holidays, vacations, school
volunteering since 2007. My youngest daughter, Kelly, is 9. That means I have
already missed out on HALF her life. I am not a drug addict. I am not an
alcoholic. I was and still am an upstanding citizen in the community
despite Attorney Arabasz and his clients attempt to cause deliberate and
malicious harm to me. I do my best to volunteer in the community including
hospice and domestic abuse and have won numerous awards for my volunteerism
over the years which tends bring me a renewed sense of healing from my own
traumas. My children and I cannot get back those formative years we have
missed. They are gone forever, never to return. I am speechless in
my ability to describe the pain and anguish I feel over this injustice alone.
Over that time, as documented through the
courts, I have endured numerous repeated serious abuses that I have come to the
court pleading for help with no prevail. I am a human being who can take
being abused only for so long. I have suffered serious repeated
unrelenting undue stresses, many which are criminal in nature, that have caused
health issues. When the trial arrived, I prayed and hoped for justice to
finally prevail for the sake of my children.
I have been severed from my children’s lives
with little to no contact since August 3, 2011 and even longer since September
2007. The verdict of August 2012 from the trial was devastating to me and I
worried the about the long term negative impact and implications it would have
on my children as medical research demonstrates and the most telling is the
ongoing ACE Study funded by the CDC.
·
"Domestic
violence" is sometimes called "battering," and it also refers to
abusive patterns of power
and control in family, household, and intimate
partner relationships.
·
Know Your Rights: Domestic Violence, published by the American Bar Association, says that
"Domestic violence is a pattern of many behaviors directed at achieving
and maintaining power and control over an intimate partner, such as physical
violence, emotional abuse, isolation of the victim, economic abuse,
intimidation, and coercion and threats."
·
According to this
page, supervised visitation is solely recommended in domestic violence cases.
Yet Judge Roberts ordered a victim not perpetrator into supervised visitation.
ANSWERS TO Contempt claims –
1. A pending appeal regarding said
contempts and orders
2. Motion to Stay pending appeal denied in
January 28th
3. Failure to give Mr. Joseph and Attorney
Arabasz the name, phone number, and address of my personal therapist.
a.
Firstly, the children have given NO indication
they see a therapist on a regular basis and NOTHING from Attorney Arabasz or
their therapist to show otherwise.
b.
My mental health records is privileged
information and protected under federal statutes. There is NOTHING in the
current order that states by releasing this information to the opposing party
has any bearing on custody or visitation. Only so both therapists can
communicate with each other. If that is the case then Opposing party and
council have no need for that information considering past conduct by Attorney
Arabasz and Mr. Joseph in the previous numerous attempts to acquire privileged
information.
c.
I gave my therapist a copy of the order and the
name and contact information regarding the children’s therapist. Because
Attorney Arabasz has threatened my personal health professionals in the past,
and by his actions where patient confidentiality and HIPAA violations occurred,
my therapist is concerned as to why THEY NEED my information. If the sole reason
is to engage in conversation between the therapists in the best interests of
the children, then Attorney Arabasz and there is NOTHING in the current court
order to warrant that Mr. Joseph and Attorney Arabasz have access to my
personal medical information.
d.
I complied with the order by giving the
information to my therapist to contact the children’s therapists.
e.
My personal mental health records are protected
under Federal statutes under HIPAA and Privacy Act.
i.
If the court orders such said information, it
will have a direct negative impact to the care I am receiving and will cause
harm to my care and privacy.
ii.
See Masscases (scroll to bottom)
4. Failure to pay child support
a.
In order
to be in contempt, one must be willfully failing to comply. I have beseeched
this court on at least three occasions since the court order asking for
assistance with this court failing to address my repeated requests.
b.
I also notified the court of my pending layoff
from current employment in which I may not qualify for unemployment. This court
did not want to see the teach out letter to employees nor did it want to see
the job applications for attempts to gain new employment.
c.
Increased expenses
i.
Travel to deal with mother’s health as I am POA
ii.
Medical expenses - $3k
iii.
Required CME to maintain RMA certification $50 a
mo
iv.
Rent $450mo
v.
$135k legal for ex in contempt that court
refused to award legal fees despite flagrant refusal to comply with court orders
vi.
No longer receiving food stamps $250mo
vii.
NOW phone broke and unable to come up with $100
to fix or get new phone so I can call my children.
viii.
Various costs associated with Appeals of this
case and of the order in question
5. Failure to do supervised visitation
a.
See above
b.
In regards to the supervised visits, Attorney
Arabasz once again misled the courts stating I had not contacted Mark Kaeys.
Attorney Arabasz has no documentation supporting this statement but yet wants
the court to believe as FACT I did not make any attempt.
c.
Mark Kaeys is NOT available for supervision per
my conversation with him and I specifically asked the court in January for help
in this matter as I cannot afford what is stated in the order.
d.
I also testified in court in January 2013 that I
went to the Probation Dept, to try to find an alternative with no success. I
once again asked for court assistance in this matter in January 2013. The court
did not address this request.
6.
Phone
Calls –
a.
I also testified with attempts to show incident
reports and letters to Attorney Arabasz for his failures to comply to phone
calls and even placing a call restriction on my number preventing from my calls
going through as verified and documented with police department despite court
ordered phone calls. I did not file contempt against Mr. Joseph due to threats
of loss of job.
b.
NOW phone broke and unable to come up with $100
to fix or get new phone so I can call my children.
7.
Posting
of Defamatory Info
a.
What is defamatory is Attorney Arabasz’s conduct
defaming and insensitive and malicious statements about the children’s dire
health situation is abhorred conduct for a court official and I am requesting
the court to place restrictions on Attorney Arabsz’s unprofessional, unethical,
and borderline or even illegal conduct.
b.
Attorney Arabasz has NEVER contacted me or
attempted to contact me in regards to anything he has concerns about.
c.
He has also failed to furnish copies of his
complaint to me so I may properly address, without the possible need for a
hearing to afford me an opportunity to address first without filing a contempt.
d.
Previous order stated postings were not
defamatory and are seeking of help. Nothing has changed.
e.
I also have a right under the First Amendment to
seek assistance from third parties in this matter. If your honor finds me
seeking help esp in my appeal which can render this honor unable to be
impartial then I request this honor to seek recusal.
8.
2009/2010
taxes
a.
Firstly, the deductions Attorney Arabasz are
claiming would not have any effect on Mr. Joseph’s tax returns as he still got the deductions he
is claiming and has nothing to refute the opposite. This is just an attempt to
again financially “stick to me”
b.
Secondly, it will cost me over $800 to amend
these returns for which I have NO money to do so and have yet to file my 2011
and 2012 tax returns for the same reason.
9.
Other
reasons
a.
Have been busy trying to find help to comply
with said orders while paying expenses associated with my appeals.
b.
Have been seeking help and treated to deal with
my trauma associated with this case.
c.
Been dealing with my mother’s grave health as I
am her next of kin who has POA.
d.
My father’s ail health due to broken ribs and
broken hand which I had to help care for.
e.
Due to my disability, I have at times memory
loss. Attorney Arabasz could have sent notice requesting status of his said
contempts which he has not sent one notice to his claims. His only notice to
these accusations were only served in a contempt.
f.
Bottom line, I have spent this time seeking
assistance in this matter with no help including this court. The fact Attorney
Arabasz NEVER sent any inquiries to his concerns prior to filing these
contempts shows his malicious attempts and refusal to communicate in hopes to
resolve any conflict out of court.
g.
This attempt is strictly with intent to further
cause trauma and to get me fired from my job! His actions or inactions prove
this to be true.
h.
Various costs associated with Appeals
10.
Court
refusal –
a.
The court did not address my pleas and request
for help to fix this matter in my motion to stay, during the hearing on Jan 28th,
2013, and subsequent motion..
MASSCASES – Mental Health Access
P.W.
vs. M.S.(1)
DOCKET
06-P-307.
Dates:
June 14, 2006. - November 28, 2006.
Present
Cypher, Doerfer, & Mills, JJ. - County Middlesex.
The statute provides that, "in any court proceeding and in any
proceeding preliminary thereto . . ., a patient shall have the privilege of
refusing to disclose, and of preventing a witness from disclosing, any
communication, wherever made, between said patient and a psychotherapist
relative to the diagnosis or treatment of the patient's mental or emotional
condition. This privilege shall apply to patients engaged with a
psychotherapist in marital therapy, family therapy, or consultation in
contemplation of such therapy." G. L. c. 233, § 20B, as amended
through St. 1990, c. 177, § 361.
Section 20B contains an exception that is
relevant here: "The privilege
granted hereunder shall not apply to any of the following communications: . . .
(e) In any case involving child custody . . . in which, upon a hearing in
chambers, the judge, in the exercise of his discretion, determines that the
psychotherapist has evidence bearing significantly on the patient's ability to
provide suitable care or custody, and that it is more important to the welfare
of the child that the communication be disclosed than that the relationship
between patient and psychotherapist be protected." See McMahon v.
McMahon, 1 Mass. App. Ct. at 649-650 (applying G. L. c. 233, § 20B[e], to issue
of visitation).
Relying on the wording of that exception, the
father argues that after he produced all the records previously ordered by the
judge, the judge improperly allowed the
GAL access, thereby delegating the judge's statutory duty to conduct an in
camera review of those records. We agree.
General
Laws c. 233, § 20B, specifically states that the judge must exercise his or her
discretion in making the privilege determination. See Custody of a
Minor (No. 3), 16 Mass. App. Ct. 998, 1002 (1983). If the volume of material
produced in discovery is overly burdensome, the judge may appoint a separate
GAL or a discovery master to aid in the process.(10) See generally G. L. c.
215, § 56A; Mass.R.Dom.Rel.P. 26(j) (2000); Mass.R.Dom.Rel.P. 53 (1997).
However, before the judge undertakes such an
endeavor, the father has an obligation to assert the privilege. Petitions of
the Dept. of Social Servs. to Dispense with Consent to Adoption, 399 Mass. 279,
290 n.21 (1987), and cases cited. "[S]ome action by the patient or client
is necessary to 'exercise' the privilege therein created. The privilege is not
self-executing." Commonwealth v.
Oliveira, 438 Mass. 325, 331 (2002). "The
actual assertion of the privilege is a requirement of the statute, not a
meaningless formality or a foregone conclusion." Id. at 335.
"Absent an affirmative assertion of the privileges established by G. L. c.
233, § 20B, . . ., the court must treat such records as if they were
unprivileged." Id. at 337. Upon assertion of a privilege, the judge should
inspect the records in camera to determine the applicability of the privilege.
See Commonwealth v. Clancy, 402 Mass. 664, 666 n.2 (1988).
Requiring the father and his counsel to
designate those records which may contain privileged information is not an
onerous task. It is obvious that many of the documents will not contain
protected information. "While the scope of this privilege is broad, it
does not cover all hospital records concerning nonpsychiatric admissions simply
because some psychiatric information appears in the hospital record.[(11)] The
records are privileged if they contain the communications or notes of
communications between the patient and a psychotherapist." Petitions of
the Dept. of Social Servs. to Dispense with Consent to Adoption, 399 Mass. at
287. Ultimately, "[t]he exercise of the privilege established by . . . §
20B, does not preclude admission of such parts of a psychiatric record as are
'conclusions based on objective indicia rather than on communications from the
[patient].' Adoption of Abigail, 23 Mass. App. Ct. 191, 198-199 (1986)."
Adoption of Seth, 29 Mass. App. Ct. 343, 353 (1990). See Adoption of Saul, 60
Mass. App. Ct. 546, 551-553 (2004) (diagnostic terms, without more, are not
privileged).
Conclusion. The status of the father's claim for visitation should be clarified.
If there is no genuine issue of visitation, then there is no basis for an order
requiring disclosure of the father's medical or psychiatric records. If there is a genuine issue regarding
visitation then the judge must make a determination as to whether the medical
and psychiatric records are relevant to the resolution of the terms of
visitation. The judge should issue an order, reasonably tailored in time, for
the father to produce the records.(12) The father may then segregate the records he alleges are privileged and make an
appropriate claim of privilege supported by affidavit. It is the judge's
responsibility then to determine whether the records are privileged and, if so,
whether their relevance and importance to the welfare of the children outweigh
the privilege. If the judge determines that privileged material should be
disclosed to the GAL, he or she may enter such an order with appropriate
limitations on its disclosure and orders of confidentiality.
