Constitutional 14th amendment civil rights violated?

[militaryg852000]

West TX-Houston TX
My wife petitioned for divorce. My attorney and I showed up to temporary divorce hearing:

My wife argued that I abandon her, left her with no money, and kidnapped our daughter because I wanted out of the marriage.

(before hearing)
Sunday May 10, 2009 my wife was arrested and charged with domestic violence for hitting my daughter with a tv remote, and there were other incidences before that were documented with CPS. CPS put a safety policy into effect, which stated my daughter needed to be removed from the home, or my wife had to be supervised 24/7-which we didn't have any one to supervise her. So my daughter and I moved to Houston TX from west TX to be with family. During that time she made several life threatening threats towards my family and myself. She also threatened to take my daughter away. So a civil protective order was filed and granted(that she willingly signed and agreed to) for my family, daughter and I's safety.

Despite the amount of evidence of abuse(full police report , cps report, civil protective order, witnesses and testimony) , and she had no proof or evidence to support her claim, the judge order me to pay temporary alimony, and did not order my wife to pay child support, and my daughter remained in my full custody and care. During the ruling the judge specifically said "It pissed me off that you didn't leave her any money so I am ordering you to pay alimony".He never reviewed my finances, never took into account the evidence, or the fact I was a single parent taking care of our daughter.

I then showed up for a final hearing for divorce. Because my daughter is included in the protective order, in a different county/jurisdiction, the judge ruled that He could not hear any thing regarding to custody. He violated Jurisdictional Commissioned code of conduct by illegally suggesting and advising legal advise that my wife transfer the divorce case to the jurisdicting county of the protective order to try and fight for custody. I objected, and also asked to continue the divorce, the judge interrupted me and said it wasn't my choice, but my wife's choice of what she wanted to do, and then signed the motion to transfer. The judge also made several comments and opinions on the record that were bios and opinionated to just 1 side. The divorce was never heard, and it has been a merry-go-round ever since.

I believe my 14th amendment civil rights were violated several times by this judge because 1)wasn't given a fair trial-none of my evidence was given to consideration nor did he give into account all the factors such as my finances because i was unemployed, 2)the judge made an unreasonable and unfair order. 3)Judge did not allow me to be heard in matters of motion to be transfer, nor gave me the chance to offer my side. 4) Judge violated judicial code of conduct by offering legal advise as well as using profanity during temporary hearing, 5) Judge made several bios, and 1 sided comments and opinions.

THIS IS ALL TRUE, I HAVE THE ENTIRE RECORD OF HEARINGS, POLICE REPORTS, CPS REPORTS, EMAILS, AND WITNESSES.

 

[HomeGuru]

My wife petitioned for divorce. My attorney and I showed up to temporary divorce hearing:

My wife argued that I abandon her, left her with no money, and kidnapped our daughter because I wanted out of the marriage.

(before hearing)
Sunday May 10, 2009 my wife was arrested and charged with domestic violence for hitting my daughter with a tv remote, and there were other incidences before that were documented with CPS. CPS put a safety policy into effect, which stated my daughter needed to be removed from the home, or my wife had to be supervised 24/7-which we didn't have any one to supervise her. So my daughter and I moved to Houston TX from west TX to be with family. During that time she made several life threating threats towards my family and myself. She also threatened to take my daughter away. So a civil protective order was filed and granted(that she willingly signed and agreed to) for my family, daughter and I's safety.

Despite the amount of evidence of abuse(full police report , cps report, civil protective order, witnesses and testimoney) , and she had no proof or evidence to support her claim, the judge order me to pay temporary alimony, and did not order my wife to pay child support, and my daughter remained in my full custody and care. During the ruling the judge specifically said "It pissed me off that you didn't leave her any money so I am ordering you to pay allimony".He never reviewed my finances, never took into account the evidence, or the fact I was a single parent taking care of our daughter.

I then showed up for a final hearing for divorce. Because my daughter is included in the protective order, in a different county/jurisdiction, the judge ruled that He could not hear any thing reguarding to custody. He violated Jurisdictional Commissioned code of conductuct by illegally suggesting and advising legal advise that my wife transfer the divorce case to the jurisdicting county of the protective order to try and fight for custody. I objected, and also asked to continue the divorce, the judge interrupted me and said it wasn't my choice, but my wife's choice of what she wanted to do, and then signed the motion to transfer. The judge also made several comments and opinions on the record that were bios and opinionated to just 1 side. The divorce was never heard, and it has been a merry-go-round ever since.

I believe my 14th amendment civil rights were violated several times by this judge because 1)wasn't given a fair trial-none of my evidence was given to consideration nor did he give into account all the factors such as my finances because i was unemployed, 2)the judge made an unreasonable and unfair order. 3)Judge did not allow me to be heard in matters of motion to be transfer, nor gave me the chance to offer my side. 4) Judge violated judicial code of conduct by offering legal advise as well as using profanity during temporary hearing, 5) Judge made several bios, and 1 sided comments and opinions.

THIS IS ALL TRUE, I HAVE THE ENTIRE RECORD OF HEARINGS, POLICE REPORTS, CPS REPORTS, EMAILS, AND WITNESSES.What is the name of your state (only U.S. law)?

**A: thanks for your story. You need to cool down and meet with your attorney.

 

[militaryg852000]

Much research and time has gone into this. I have all the evidence, documentation, and records, just Need to know if I have a case, what the jurisdiction is, who to place lawsuit against, where to file it, and how to file it. and need representation. Been difficult getting legal aid, don't have money to hire an attorney, need help.

 

[ecmst12]

The right to a speedy trial is a right of CRIMINAL defendents, not civil plaintiffs.

 

[militaryg852000]

Are you ignorant or what? most insurance adjusters i would assume have some sort of education...

the 14th amendment has nothing to do with SPEEDY TRIAL.

1). I am in a civil DIVORCE SUIT
2). You don't always have to sue for MONEY.
3)14th amendment isn't justified for just CRIMINAL trials, but also CIVIL.

I suggest you read the clause, as well as the history of cases under 14th amendment

DUE PROCESS the the right to a fair and reasonable trial, it is the judicial court trial process every US citizen is entitled to regardless of what type of trial.

my question is...

do i have a case for a lawsuit regarding to my above situation?

 

[seniorjudge]

Your remedy is to appeal any final judgments or orders of the court.

 

[Proserpina]

Are you ignorant or what? most insurance adjusters i would assume have some sort of education...

the 14th amendment has nothing to do with SPEEDY TRIAL.

1). I am in a civil DIVORCE SUIT
2). You don't always have to sue for MONEY.
3)14th amendment isn't justified for just CRIMINAL trials, but also CIVIL.

I suggest you read the clause, as well as the history of cases under 14th amendment

DUE PROCESS the the right to a fair and reasonable trial, it is the judicial court trial process every US citizen is entitled to regardless of what type of trial.

my question is...

do i have a case for a lawsuit regarding to my above situation?

I strongly recommend you check that attitude at the door if you a) want further help and b) actually wish to have any chance of success in court, ever.

 

[seniorjudge]

Private Hothead has left the building.

 

[garrula lingua]

OP, Check out the State Commission on Judicial Misconduct for Texas:

SCJC | Frequently Asked Questions


As SrJudge said, your remedy is to appeal the Judge's order.

To report misconduct on the part of the Judge, ck the Commission's website. They won't change or correct your order, but they may ding the Judge if s/he acted inappropriately, including a show of bias or offering legal advice to one party.

If you and your child have lived in Houston for at least six months, then the Judge was wrong (see the FL transfer sections: Texas Family Code sections 155.201 to .207).

Son, you have to check your temper, in court and anywhere you are seeking help.
Judges are arrogant creatures; the courtroom is their domain - their kingdom.
They will punish those who appear to have an attitude problem.

Courts do not have to dispense "Justice" - just law, and Judges are covered by a broad term in examining a case on appeal: "abuse of discretion". The Judge's 'discretion', in family court, is very broad.

You have to show deep respect (why not do so ? but, particularly do so towards anyone who has power over over you and yours. At least respect the power someone has over you [It's like cursing out a guy who has a gun on you]).

I'm unclear as to whether Mom filed a Motion to Transfer.
Were you served, correctly, with the Motion ?
Were you given the appropriate amount of time, after service, to respond to the Motion ?
Did the Judge do the transfer on his own initiative, or did Mom ask for a transfer ?
What order did the Judge issue ? Just a transfer ?
Go, ASAP, to a local attorney and ask about an appeal or Motion for Reconsideration.