Monday, May 20, 2013

My Printed Contempt Hearing Response on April 5, 2013 Hearing

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 father principally seeks the protection afforded by the psychotherapist-patient privilege, G. L. c. 233, § 20B.(9) http://www.malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter233/Section20B

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.

 

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