My Letter to Judge Lisa Roberts Pleading for Assistance and Justice under ADA

This letter was written as a result of the increased trauma related stress I had been feeling as a direct result of the repeated harassment, stalking, criminal activity, and the systemic failures or willingness to address such serious acts such as REPEATED identity theft.

Judge Roberts REFUSED to accept the letter during my hearing on Monday January 28, 2013, and denied gateway motion for a motion to be heard on this matter.

COMMOMWEALTH OF MASSACHUSETTS

Plymouth and Brockton Family Court

Judge Lisa Roberts

Dear Judge Roberts,                                                                           January 25, 2013

            RE: Bonetzky-Joseph v Joseph

            Docket No: PL06 D0566-DV1

Dear Judge Roberts, 
 

I am writing to you in hopes of your assistance in this case which is has become very traumatic for me. 
 

Under the American Disabilities Act (ADA), I am requesting the court to appoint a lawyer to assist me in preparing, managing, and handling of my appeal.  I am requesting a lawyer with specific expertise in areas of appeals, mental health, trauma, child custody, and domestic abuse.
 

I am also requesting under the ADA, that the court place restrictions on Attorney Arabasz conduct.  I am requesting the court order a comprehensive set of guidelines for his methods of ethical and professional communications in light of the history of the combative nature of his correspondences.  Attorney Arabasz has also verbally assaulted me as reported to Judge Sebatis in a restraining order hearing in 2006, substantiated by multiple third party witnesses and I believe he may have been reprimanded for his conduct based on what had transpired. He has engaged in gaslighting tactics and bullying as reported to the courts numerous times with no further actions. He has acquired my personal information unlawfully and refuses to explain how he attained the nonpublic information and obstructed justice on numerous occasions. He has intimidated witnesses as also reported to the courts. For these reasons, since the courts do not feel his actions require any further disciplinary actions, I am requesting a third party be appointed to mediate in any communications with Attorney Arabasz on top of the guidelines in regards to his conduct in correspondences with me. 
 

To add to why the courts should grant this request, Attorney Arabasz and Mr. Joseph have engaged in tactics since Sept 2007 by their own testimonies that demonstrate I undisputedly meet these qualifications under the ADA or they would not have gone to the extreme they have gone through to sever my relationship short of completely terminating my rights with my children since 2007.

Attorney Arabasz has stated these facts and desires numerous times under oath and via his motions to terminate all contact between the children and myself including terminating visitation during multiple court sessions that the courts repeatedly found to be credible. 
 

You are aware or should have been aware that this case began as a domestic violence case in 2005 and this court has been repeated 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 5 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 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.  

As a result, I am currently being treated for ADHD, Legal Abuse Syndrome, and trauma-related stress and my treatment since trial has increased. Symptoms of trauma-related stress include: gastro-intestinal issues; anxiety and fear especially when exposed to situations reminding me of the many repeated traumatic events; trouble sleeping; trouble eating; low energy; memory problems; including difficulty remembering aspects of the trauma; a “scattered” feeling and inability to focus on work or daily activities;  emotional “numbness,” in which causes me to feel withdrawn, disconnected, or different from others; and protectiveness of loved ones or fear for their safety.

I did not suffer any of these symptoms until after I married an abusive partner and endured years of  abuse.  I was a victim that the system failed to protect and now I suffer greatly.  I was a fantastic mother and even the father had no questions to my ability to care for or mother these children until he got what he wanted and stole financially through the divorce.  However, the system has stripped away all my ability to love, nurture, and parent my three daughters who need me greatly.  
 

As numerous medical studies and research suggest, being subject to the repeated abuses  is a trigger that causes these symptoms I feel. If the abuse was removed and my ability to parent would be restored, the symptoms would also dissipate and the return to normalcy attained. 
 

I have been fighting and defending my rights to see, reunite, and restore some sort of normalcy in my life with my children for over seven and half years. I have been defending my rights to privacy to not have my personal information repeatedly stolen, my rights to not be harassed, repeatedly threatened, stalked, and intimidated. 
 

I have been defending myself three times in criminal court as well as in the community of the charges for a crime of stealing money that legally belonged to me on a house that legally belonged to me. 

I have had to defend my right to call for a well check on my children which was legally advised and have since been threatened by my ex and his lawyer for MORE criminal harassment charges if I attempt to contact the children via text messages. 
 

I have had many of my private accounts altered with my addresses changed to an address that I have never lived at, but so happens to be the address where my ex-husband runs his financial services business.  This occurred with my home owners and his attempts to steal a $30k insurance check and threatened two police officers in his attempts; my health insurance; and more recently discovered DURING trial, my IRA which was changed by me ex-husband acting as securities advisor as documented with records and not only that but receiving my statements for three years and opening my mail as evidenced at trial. This is not to mention the acquisition of my mortgage loan application by Attorney Arabasz and his client with no recourse or answers to how they attained the document which is not a public record.
 

This is not to mention my ex stole my father’s entire retirement account by committing a securities transaction without a license as evidenced to you during your trial.  
 

I have had my assault and battery evidence disappear from the Plympton Police department and waived in my face by Attorney Arabasz which caused issues for the Police department who admitted wrongdoing as a result. 
 

I have had my phone conversations illegally tape recorded prior to Judge Menno’s order. This does not preclude the acts and the wrongdoing prior to the order. As noted by the Plymouth Police Department, Attorney Arabasz could not provide any document or evidence to substantiate it was conducted lawfully prior to the order.
 

I have had my tires slashed, identity stolen four times, office broken into, just to name a small amount of issues I have had to face with many of them being admittedly perpetrated against me by my ex-husband and his lawyer.  All of these acts were committed over a four year period which can get very stressful, exhausting, taxing on the mind, body and spirit of best equipped and intentioned individuals.  The fact that I feel injustice has occurred in my case negatively affecting my children has unfortunately become now a new trigger causing these to render my ability to properly prepare for my Appeal impossible.
 

This is not to include a serious auto accident which caused me to not work for over 9mo.

It is difficult for most lawyers to meet deadlines, know what to prepare, how to prepare it, when, and with right citings of case laws and arguments to use in the case for an Appeal. It even more difficult to do it pro se.  However, it has become near impossible to complete when faced with these triggers and impairments causing these unbearable symptoms of the trauma-related stress. 
 

I have recently learned there is a additional term for what I suffer called “Legal Abuse Syndrome”. As defined by expert Karin Huffer, 

“LEGAL ABUSE SYNDROME (LAS) is a form of post traumatic stress disorder (PTSD).  It is a psychic injury, not a mental illness.  It is a personal injury that develops in individuals assaulted by ethical violations, legal abuses, betrayals, and fraud. Abuse of power and authority and a profound lack of accountability in our courts have become rampant, compounding an already stressful experience.  

This stress can and does lead to physical illness. AMA statistics show that around 85% of all physical illness is directly attributable to stress. Legal Abuse Syndrome is a public health menace in this country.  It leads to massive medical intervention costs, burdens insurance companies, and adds to Medicare and Social Security costs.  Most painfully, it crushes the brilliance and creativity of its sufferers.  Legal Abuse Syndrome is detrimental to all of society, and nobody is immune.

… When litigants are unable to get fair resolution to their issues, when the court dysfunction further adds to the litigant's burden, when no amount of actual case law compels an equitable outcome, litigants suffer often disabling levels of stress. When further attempts to achieve redress fail, litigants display the hallmark signs of Legal Abuse Syndrome (LAS).”
 

The fact that my ex-husband testified under oath admitting not complying with court order, has not intention of complying with court order and then the court not taking swift and punitive action was devastating to my very being. 
 

My need for an attorney over any other litigant is simple.  As a result of the disabilities and impairments I suffer from, I am unable to do what is needed for the Appeal. 
 

As noted, it took at least 5-6 appearances, not to mention numerous phone calls with the Family Court Clerks Office just to file the one Motion for Stay which was initially attempted to be filed in August 2012. Clearly, if I am unable to file this motion correctly taking over 4 months, there is no possible way I can handle the Appeal as a pro se litigant, and that should be a sign of my inabilities to handle such a case on my own.
 

All I want is some sort of normalcy in my life and to be a good mother to my children. Since this court has denied me that, it has unfortunately caused unbearable stresses as described above whether the intention was deliberate or not. 
 

The bottom line, I suffer from these traumatic stresses causing a host of these physical issues as stated above.  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. 
 

Under the American Disabilities Act (ADA), I am requesting the courts to appoint a lawyer to assist me in my Appeal as stated above. These are rights I am guaranteed under the Constitution under the American Disabilities Act.
 

I thank you for your assistance in this matter and I sincerely apologize for not submitting this request sooner. 
 

Thank you,

Letter To Tim Cruz for Help regarding Criminal Actions in Domestic Abuse Case

Timothy J. Cruz
District Attorney, Plymouth County
32 Belmont Street  
PO Box 1665
Brockton, MA 02301

Dear Mr. Cruz,                                                                         July 22, 2011

RE:  URGENT PLEA –

Regarding  5 FALSE Criminal Cases by Police and /or State Employees

I am in desperate need of your help to correct a harsh and intrusive injustice in my life and the lives of my family including my children as there is sufficient reason to believe that several investigations initiated by the Plympton Police Department, Plymouth Police Departments, and the Plymouth Criminal Clerks Office as well as court actions  pursued against me including by the DA’s office have been seriously mishandled with injurious consequences causing possible irreparable damage unless something can be done soon to correct many injustices.

These involve the disappearance of police records pertaining to assault and battery case, failure to investigate illegal wire tapping, denial of fair due process, malicious prosecution, harassment, abuse of process, discrimination, violations of professional rules of conduct, etc…..

One investigation at the time by The Plympton Police Department involved several domestic disputes and the latest assault and battery. Police records from 2005-2007 and correspondences between myself and the Town Selectman Barry DiCristofano in 2010 where he admits the police department “screw up” validate the TRUTH in What I say. 

The department failed to properly secure evidence within the department and attempted to convince me it never existed unless copies later surfaced and insinuated I made it up.  The department’s stagnation in an assault and battery case and other misconducts include failures by the department to follow proper rules and procedures as mandated reporters to report abuse on numerous occasions, failures by the police department to protect victims of abuse from the perpetrator, and discriminatory acts and conduct towards the victims violating their civil rights to be free from harm.

Another investigation included my ex-husband illegally tape recording my conversations with my children which is documented by his very admission in court documents and audio tapes that I was denied access to retrieve by Judge James V. Menno of Plymouth Family Court when his lawyer stated that he wanted Judge Menno to make an “order that will prevent me from filing any more criminal charges against his client” eluding to the conduct thus committed was illegal and wanted the Judge to protect his client from prosecution for a federal crime.  Judge Menno made an order that from that day forward, father shall record conversations, but that order does NOT preclude the previous ILLEGAL Tape recordings.  This apparently is the jurisdiction of the Plymouth PD to investigate. The department failed to investigate and protect me and my children who were victimized by a documented abuser (medical records, police records, court records, DCF records).

My ex embezzled and stole my father’s entire life savings with no one wanting to investigate despite the fact my ex ADMITS to taking his money.  My father had to file Chapter 7 bankruptcy as a DIRECT result. See attached supporting documentation including, my father’s account statement of highest worth, canceled check by Mr. Joseph, the letter from Mr. Joseph to the Department of Ins stating he was not licensed, never gave financial advice, and never had access to my father’s money, yet, they very withdrawal form is in my ex-husband’s hand writing.

NOW, when my father filed his initial investigation to his whereabouts of his money, within 30 days, my ex filed a criminal complaint, with the assistance of Attorney Ray Arabasz against me for stealing my own mortgage money on a house that was legally mine, and any monies attached were legally mine.  I was charged by the Plymouth Criminal Clerk’s office (Jack Sullivan) and later case was dismissed despite Attorney Arabasz relentless insistence to pursue case as it was used as a legal strategy to tarnish my credibility in family court... This case ultimately GREATLY helped him get custody of my children and case was used to harass me, destroy my credibility with employment, family court proceedings, and third party sways, and caused denials in employment and housing – despite my innocence.

I was charged THREE times for this SAME crime in less than 2yrs.  The 2nd time, I was arraigned WITHOUT my rights to fair due process.  An investigation was supposed to be launched by Jack Sullivan, Criminal Clerk in Plymouth Court, and Plymouth Police Department and NEVER was. The Assistant DA at the time, Laura Werman, stated in a meeting “this is not her department” and looked at Mr. Sullivan and told him “this is an internal job and you have to investigate”

I later discovered the ORIGINAL criminal complaint was copied - the docket number changed - dates whited out as if this was a NEW original complaint.  After lengthy probing myself and hostility by Criminal Clerks Office, I discovered Jack Sullivan, the head Criminal Clerk in Plymouth Court, altered the documents and I do NOT believe the Plymouth Police acted fairly or unbiased in its refusal to investigate and due to the association and personal relationships between Mr. Sullivan and the Police Department, I feel the department discriminated and later unlawfully used its authority to harass me so I would stop looking into this case.

After, constant requests to the department to please help me end to continuation of abuse by my ex-husband and his lawyer, I was later charged for criminal harassment by the department for doing valid well checks on my children which was later determined by the Judge as I should NEVER have been charged and I had a civil right to check on the well being of my children. 

This case more importantly, screams to be investigated from the beginning due to the glaring conflict of interest evident with between the Plymouth Police Department and The Criminal Clerk’s Office. The emotional, physical and financial devastation is indescribable to me.  MY RIGHT’S WERE VIOLATED!!!!!!

I am now scared to death to drive anywhere in Plymouth without fear of being pulled over by an officer or to call for VALID well check on my children (one daughter btw has a SERIOUS birth defect and gross medical neglect my father is documented) without fears of repercussions. 

Ironically, when the first officer I spoke to in Plymouth on July 15, 2010, he wanted to do a well check on my children, I BEGGED him not to initially in fear of retaliations from my ex and his lawyer.  He told me he was obligated to do so. Later, with discussions with therapist, lawyer, and others, I decided to do a well check.  The department NEVER investigated or documented my provable validations of my ex filing FALSE police reports that led to my prosecution of harassment.

I believe the DA needs to reopen each and every one of these cases and why the DA NEVER replied back to any of my verbal and personal concerns regarding each and every one of these cases, and also investigate in the Plympton and Plymouth police department’s misconducts.

ALL the charges against me were used for harassment, were false, evidence falsified, and evidence provided was falsified, and used to coerce witnesses against me. I lost money, wages, health, embarrassment, damage to reputation, custody of children, inability to get a job or maintain a job and more.

I am begging you to help end the cycle of violence as you so claim on your website to do by putting an end to abuser using the courts and departments to continue his patterns of abuse and control of my life as seen with many “domestic violence by proxy” cases.  See Domestic Abuse by Proxy and Stalking by Way of Family Court.

PLEASE - The devastation he has wreaked already is irreparable and despite the fact, all charges has been dismissed against me, they show on my CORI and affects people’s judgments of me and my credibility due to the nature of the charges.

I look forward to a prompt reply to this out of control nightmare.  Thank you.

Sincerely and Axiously Waiting For Justice and Peace To Live My Life As My Right Under The US Constitution,

(Victim)

Help Me See My Children and Begin the Healing Process in Reunification

I need your help.  I am writing to your organization because I have exhausted all my resources in Massachusetts and beyond.   

 This is my situation. I have three daughters, Alexandria aged 15, Shannon aged 12 and Kelly aged 9 who I love dearly. However, my ex-husband was granted custody, ex-parte, after he convinced me to lift a restraining order or else he would not pay child support for our daughters. I have not seen my children since August 3, 2011. My case started out as a domestic violence case in 2005 that included numerous police incidents including a restraining order for assault and battery and medical treatment. Pictures were also taken by the police department showing bruises on my face, arms and legs from the abuse. 

 I lost custody on a false ex-parte motion shortly after my abuser begged me to drop the restraining order as he was unable and in contempt for failing to pay child support. Two weeks before the ex-parte motion, a contempt motion was filed for failing to comply with his own granted visitation and child support. I was also seeking changes in visitation as a result.  I have been pretty much shut out of my children's lives since Sept 2007 as my abuser and father of my children has refused to comply with court ordered visitation and was recently found guilty on 96 Counts of contempt for failing to comply with visitation, but I was sanctioned for his contempt. 

My previous judge ADMITTED bias andrecused himself in December 2009. He forwarded pending motions and contempts to the new judge (some filed in 2008 and unheard), but new judge took over a year (until Oct 2011) to address contempts especially in regards to the visitation interference. The court has allowed many things that right now I cannot post in fear of retaliation and in lieu of pending Appeal of my case. 

Bottom line.... There have been at least 5 attempts to terminate visitation based on unfounded ACCUSATIONS of mental illness and motions for mental health evaluation been denied 100% ONLY AFTER I filed for help from the court regarding the abuse and AFTER I filed for divorce and was granted full physical and shared legal custody in the divorce. 

Please explain to me how a protective mother goes from having a restraining order to being forced to lift it for financial reasons (documented), to never seeing your children again? 

My abuser has spent the last six years trying to obliterate any and all mother-daughter relationship between my daughters and me.  He made it crystal clear as testified in court in March 2009 that he wanted the children to forget I even existed.  He has testified that he has not complied with court orders and has no intention of complying with court orders. He has prevented me from seeing them, confiscated all gifts and letters I sent them and even placed a block on my telephone number so I could not speak to them for months.  This was verified by the phone company and documented through the police department.
 

My children and I cannot get back those formative years we have missed. The damage is already done and is irreversible. All I can hope for is to be given the chance to help my children through the healing and begin to rebuild a relationship we lost on that fateful day in September 2007.

In hindsight, I feel like the biggest mistake I made was I left my abuser, my children’s father because at least I would still be with them. I do not drink, use drugs and have never abused children.  I am a adjunct instructor at a local college, volunteer doing healing work, and have won awards for my volunteerism which is one thing I find very self healing to me.  

However, I am still heartbroken.  I can’t see my children grow up or see their faces on Christmas morning after Santa has left presents under the tree. I can’t be there on their first day of school or on their birthdays.  Mother /daughter times don’t exist for us, times taken for-granted by many.  I have missed ALL THEIR birthdays, first day of school, first dance, holidays, vacations, school volunteering since 2007. My youngest is 9. That means I have already missed out on HALF her life. Unfortunately the tender, formative years are gone forever and my children will grow up  not knowing their mother and have no memories of the mother/daughter bond created during childhood due to their father.

I have exhausted the judicial system as well as my personal and financial resources trying to reverse the damage done to my children, my family and myself.  I have lost everything to the point that I had to move in with my father so I would not be homeless, for basic survival, and so I can continue my fight. 
 

I am reaching out to you because I don’t know what else to do, but I refuse to stop fighting for my girls until they are safe with me.
 

In-light of the recent documentary No Way Out by Garland Walker and Barry Nolan and the recent Fox LA news expose’ series on the Family Court victimization of countless children, I cannot and will not stop until justice is done!
 

All I want to do is hug my children, tell they I love them and after all these years have not stopped fighting for them. If you could help me or lead me to someone who can, I would be forever grateful.
 

Thank you