Monday, 9 April 2018

Legal costs halt thousands of domestic violence cases

The very same is happening in the UK.
With the Governments new Policy on its way where they want to stop Victims getting their rent paid by LA while staying in  Domestic Violence Refuges.
The former will see these refuges being closed, hence no where for Victims to go, thus risking going back home, to be possible murdered by their abuser.
Also with the stance of no Legal Aid AVAILABLE FOR PRIVATE LAW CASES, this also leaves Victims in jeopardy of going back to the marital home, back to their abuser, putting the Children and the victim at risk as well.
Victims are unaware of their Rights, as they can go to Court, fill the Court papers in for a non molestation restraining order,and an occupation order, and see the Judge ex parti on the same day.
Victims do have to supply their evidence, ie as in Police Reports, domestic violence evidence, and do not have to pay for these Court Applications, obviously no good in a sheer emergency, as the Victims may not be able to get such evidence in a dire emergency situation.
Some Victims are also staying the situation, if they own their own home, and have no money to pay out for legal proceedings as in divorce.
With regards to Occupation Orders, Victims usually have to go back to Court for another hearing with their abuser being there as well, and totally not able to do this in a really emergency situation.
With the Non Molestation Order, these can be made with the power of arrest on them, if the perpetrator breaches the order.
With regards to the Occupation order, the abuser is forced out of the matrimonial home, which allows the Victim and any Children to live there, the abuser faces arrest if him or her goes any where near the home.
The Orders should be taken to the Police Station to be registered, so the Police are made aware.
Many Domestic Violence victims are being seriously let down by the Police.
In a lot of cases it is the abuser that is left in the marital home, Police seem to be forcing the victim out of their home, especially if there is Children present,.instead of removing the perpetrator .
Victims can go to Court early am, fill the Court forms in for a Non Molestation Order and an occupation order of the Family home.
I urge our Service users to submit as much evidence as they can on the day, and are advised to put a SAR request into the Police to get all the documentation and ABE transcriptions highlighting the evidence of Domestic violence.
The victim can get a hearing and see a Judge on the same day as submitting the Court forms and evidence.
This is EX Parti, meaning that the abuser knows nothing about the hearing and will not be there.
Such a shame that domestic violence victims are forced into refuges when they can in fact remain in their home, and the abuser is forced out by an occupation order is granted by the Judge ,and the abuser is forced to leave, and a non molestation restraining order with the power of arrest can also be enforced, preventing the abuser going anywhere near the victim , that also includes no phone calls or SMS texts
If you have evidence of DV, there is no cost by the Court to put the forms in and see a Judge within the same day.
There is no real Legal aid available with regards to these with regards to divorce, and sorting their property and finances out.
WOMANSAID are excellent and may offer the Services of a Mackenzie Friend in the first instance to go to the Court with the victim,and see the Judge on the same say and be granted the non molestation order.
With regards to the Occupation order of the marital home requires another Court hearing for both parties to be present in Court.
In Leicestershire the Police are failing domestic violence violence, and they are not being granted their domestic violence special Officer.
When these orders are granted it is always best to take a copy of the order to the Police to make sure that they are aware of the order being granted.

HOW TO GET A NON MOLESTATION ORDER If you are suffering from Domestic Violence and have Children  now the time is to move in and take charge of your own life and protect your Children from any future harm


If you are suffering from Domestic Violence and have Children  now the time is to move in and take charge of your own life and protect your Children from any forthcoming abuse.
Do this before there is a section 47 Investigation by the Police and Social  Services to prevent your children from being taken into Care.
I know this Procedure like the back of my hand as I personally had to go and seek to get an injunction several years ago.
If you have evidence of Donestic violence . as in Police reports get copies of these by putting in a SAR Data Protection Request into the Police.
Basic Data Access fee of £10 is required.
It is important to note down all incident or crime numbers.
You can usually go to the Court early am. get to the Court Office early as they close around pm.
You need to take all evidence with you as in Police reports.Social Service reports as in any Adult Safeguarding  Adults reports that you may have received.get photocopies of 3 lots of the same photocopies, as you will need to do 3 separate bundles, one for the Court, one for your Ex Partner and one for yourself.
The Court Office will give you the fill in there
There will be 3 lots of the same forms to fill in .
One is kept for the Court .another copy for yourself and the other copy is for your Ex Partner.
All the bundle is taken off you, and you are given the other 2 back, or one kept for the Court Bailif .
But you keep a copy for yourself and one for your Ex Partner..
If you are acting as Litigant in Person it is usually a Court enforcement Officer or Bailif that usually serves the Injunction onto the Respondent.
You can usually see a Judge on the same day that you serve the documents to the Court.
So it is vital that you get to Court at least 9.30am.
Get a Friend to go along with you  or possibly an Advocate from Womansaid or Mensaid.
The hearing will be ex Parti meaning that you are putting in the Application alone without your Ex Partner being  there.
The Court Usher will call you into Court.
This is usually a small room with a large tablev and a few chairs.
The Judge will not be wearing a wig or anything like that.
The Judge will look at all the evidence and make a decicision .
With regards to Domestic Violence the order usually goes in favour of the Applicant.
A Court Bailif will then hand deliver the injunction to your Ex Partner.
Who is told to read through the order .which states that they are not allowed to contact you in any shape or form.
If you are living at a new address the injunction will also contain details of that address where you Ex Partner will not be able to go any way near.
A order can be made for a short term .
And your Ex Partner and Yourself will be given a date when you will need to return to Court.
At this time you can ask the Judge to look into your Application for an Occupation Order of the house that you may be jointly renting with your Ex Partner.or buying, with your Ex Partner.
The forms for an Occupation Order of the property can be filled in and submitted at the same time as you put the Application in for the Non Molestation Order..but you will need to contact the Land registry for information prior to go to Court, that is if you are buying the house in Joint Names.
If you have suffered from Domestic Violence and have police evidence it costs you nothing for the filing of this Restraining order or injunction .
If the Judge orders the Occupation Order in support of yourself the Ex Partner will be given 24 hours to leave the property .
The Occupation Order is usually given for a Year.
It is necessary that you contact the Police and get them to document that you have the non molestation order with the power of arrest and the Occupation order.
You will need to go back to Court before the date of the restraining and the Occupation order prior to the ending date.


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Do not ever agree to sign a section 20 Order out of duress by a Social Worker.

Not only will you be agreeing to Put your Child into voluntary Care, but you will not be entitled to Public Funded Legal Aid at this time.

The Social Worker more than often will say, if you do not agree to sign a section 20 Order, will will go for an Emergency Protection Order.

If they mention an Emergency Protection Order, you will need to act very quickly, and get a Children's Panel Solicitor straight away.

Solicitors that represent PAIN Service Users have been very successful in the past in preventing the granting of an Emergency Protection Order.

Social Workers will not tell you that you can try and discharge the EPO, within 72 hours.

The Local Authority can sit on this order for quite a few weeks,AND AS I HAVE ALREADY STATED YOU WILL NOT BE ENTITLED TO PUBLIC FUNDED LEGAL AID AT THIS TIME.

If you receive a Pre Proceedings letter through the post, you must take this letter straight to a specialized Children's Panel Solicitor.

The letter will state that they are considering going for Care Proceedings, and there will be a Pre Proceedings Meeting.

At any Pre Proceedings Meeting they do not always instigate Care Proceedings.

There is sometimes an Agreement contract drawn up, for you as Parents to follow the stipulations written to in the Contract.

If you breach the Agreement, then there is a high expectation that the LA will in most cases instigate Care Proceedings.

When the LA instigate Care Proceedings, and if they go for an Emergency Protection Order, this is when Non Means Tested Public Funded Legal Aid is granted.

With the Governments CHANGE OF DIRECTION FOSTER TILL YOU ADOPT COMING INTO FORCE THREE YEARS AGO, which means Foster Carers are brought in at the early stages of Care Proceedings , or Babies are allocated to Foster Carers before they are even born, this means in a lot of Cases, a Baby will be taken from His or Her Birth Parents within minutes or a few hours after birth, via an Emergency Protection Order.


This will also be breaching the Kincare Clause by placing a Child with an immediate Family Member such as Grandparents, Aunties, Uncles, before foster care is explored.

Local Authority's have a mandatory obligation to consider using the Kincare Clause, before a Child is placed into Care, and placed with Foster Carers.


Most care experienced people say they should have representation on leadership of care review

Most care experienced people say they should have representation on leadership of care review : Care experienced people want representation ...

Michael D Innis Shaken Baby Syndrome

I am a pathologist and a hematologist. My qualifications are MBBS (Bachelor of Medicine) University of Madras 1942; DTM&H (Diploma of Tropical Medicine) University of Liverpool; FRCPA (Fellow of the Royal College of Pathologists) 1960 (Australia); FRCPath (Fellow of the Royal College of Pathologists) 1972 (United Kingdom). I have substantial experience in hematology and have had experience in interpreting laboratory results for over 30 years. I have been a part time lecturer in Medicine at the University of Queensland and have instructed candidates appearing for Fellowship of the Royal College of Pathologists of Australasia.

[2015 Oct] Shaken Baby Syndrome or Death by Vaccine? Doctor Speaks Out…by Chri...

[2010 March Letter] MMR Toxicity Explained by Michael D Innis

[pdf] Vaccines, Apparent Life-Threatening Events, Barlow's Disease,...

[pdf] Vitamin K deficiency disease by Michael Innis MBBS

[2008] Rapid Responses to Does cot death still exist?

[March 2008 SBS letter] Child Health Safety - BMJ Stifles Debate

[BMJ Aug 2002] History repeats itself (shaken baby syndrome)

[BMJ 22 March 2002] Misdiagnosis of “Shaken Baby Syndrome” by Michael D Innis

Shaken Baby Syndrome: Pitfalls in Diagnosis and Demographics By F. ...

Innis, SM. The role of dietary n-6 and n-3 fatty acids in the developing brain. Devel Neuroscience, 2000; 22(5-6):4740480.

My paper on “Coagulopathy mistaken for Shaken Baby Syndrome” was rejected – it recorded the case of a child given six vaccines on the same day and who was ill with fever, irritability and diarrhoea the next day and was dead three weeks later. Death was certified to be due to the Shaken Baby Syndrome on the evidence of Pathologists, Paediatricians and Radiologists when all the haematological and biochemical evidence clearly indicated death was due to a coagulopathy following hepatic insufficiency and malnutrition. [BMJ Aug 2002] History repeats itself (shaken baby syndrome)

[2010 March Letter] MMR Toxicity Explained by Michael D Innis The truth is it is harming the children because as Wakefield and his colleagues have shown, some ingredient in the vaccine causes methymalonic acidaemia followed by cobalamine deficiency and consequently neurological lesions in genetically susceptible children. The government is blind to this and one way out of this dilemma it seems is for doctors to forgo the five pieces of silver and refuse to vaccinate children on the grounds that the oath they have sworn, "first do no harm" forbids such an action.

In April 2004, Michael D. Innis, the renowned Australian pathologist-hematologist and an expert on SBS, wrote in a communication to the British Medical Journal (BMJ): ". in spite of being repeatedlychallenged to document a single authenticated case of shaken baby syndrome or shaking/impact Injury, no one has been able to do so. All they are required to do to convince judges, juries, and those of us who regard the condition as a spurious diagnosis, is present a case which:
1. was not vaccinated within 21 days of the onset of symptoms;
2. was shown to have a normal coagulation/hemostatic system;
3. had no evidence of malnutrition, and was not artificial fed or premature, since these factors predispose to fractures .
If the numerous pediatricians, ophthalmologists, radiologists and pathologists, who have given evidence in courts in the U.K., U.S. and Australia, are unable to document a single properly investigated case,there is good reason to abandon the diagnosis." Shaken Baby Syndrome And Multiple Vaccinations: An Investigation By Red Flags Columnist, F. Edward Yazbak, MD, FAAP

They will have successfully demolished my explanation if they can document a single case of Shaken Baby Syndrome or “inflicted shaking/impact injury” (as they prefer to call it), which occurred outside the 21-day period and in which a disorder of haemostasis, nutrition, or liver disease was convincingly excluded.
I repeat, the diagnosis of Shaken Baby Syndrome or inflicted shaking/impact injury is a proven figment of the imagination of some in the medical profession and should be relegated to the scrap heap of history before it causes any more shame to the profession and disaster to innocent families. Source

To prevent death following vaccination Alan Clemetson's opinion is; "There are very rare instances of severe reactions or even death following the usual infant inoculations. Although such events are rare, we need to do all we can to prevent them.
Animal observations have shown that the blood histamine concentration is increased following the injection of vaccines or toxoids and this is most likely responsible for the problems.
Vitamin C supplementation is now known to reduce the blood histamine levels; it also reduces the mortality rates following inoculations, both in animals and in man.
It is suggested that inoculations should not be given to severely debilitated infants and that supplementary vitamin C should be given in orange juice, before inoculation, to any infant with coryza, and also to any infant or adult who is to receive an unduly large number of inoculations at one time.
Moreover, vitamin C should be given by injection whenever convulsions or other untoward events occur within a day or two after vaccination or inoculation."[1] Why not try Clemetson's suggestions - out of curiosity? ----Michael D Innis, [2008] Rapid Responses to Does cot death still exist?



Inspirational women of the year: Alison's son was snatched away after she was wrongly branded a child she fights for justice for other mothers
By Laura Topham for The Mail on Sunday
UPDATED: 08:29, 16 April 2009

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The months Alison Stevens spent apart from her son still haunt her.
Twenty four years on, she cannot forget the pain she felt when social services took away her three-year-old without warning - or just cause.
Doctors should have diagnosed brittle bone disease when Alison took Scott to A&E with a broken leg. Instead, they decided he was being abused by his parents and put him in care immediately.
It took 12 long, tormented weeks for Alison and her husband, Andy, an electrician, to clear their names and win their son's return. The joy and relief they felt at having their family reunited was immeasurable. Alison was left so affected by the experience that she was determined to help other people fight similar injustices.
alison stevens
Wrongly accused: Alison Stevens
Since then, she has helped thousands of parents as the head of the national organisation Parents Against Injustice (PAIN).
'I will always remember the hurt and confusion I felt back then,' says Alison. 'It was horrendous finding Scott's hospital bed empty, then being told by nurses they thought we were to blame for his injuries. For months we had to visit him in a foster home when we desperately wanted to have him home.
'I am compelled to help other people because I understand what they are going through and how badly the system can work. This can happen to anyone and, when it does, you feel powerless.
'The toll it takes on you is indescribable - parents call me on the brink of suicide. But through PAIN I am able to help them get their children back.' While the agony still feels fresh to Alison, it was back in 1985 that her son Scott was put in care. He had been having a bath with his brother Lee, then five, when he tried to get out and slipped awkwardly, hurting his leg.
'Leaving him was like having my heart ripped out'
When Alison and Andy took Scott to hospital, doctors insisted he stay in for observation.
'Returning to the hospital that evening to visit Scott, I never suspected anything was amiss,' says Alison.
'But when we reached his bed it was empty.
'A nurse took us into a room and explained that social services had taken him away because his fracture wasn't consistent with an accident. The doctor said that we must have twisted his leg. I was distraught.'
Alison and Andy returned home, scared and confused, not knowing where Scott was and having no idea how they could get him back.
Through Yellow Pages, they discovered PAIN, a national organisation offering advice to parents wrongly accused of child abuse.
'I called them and cried down the phone,' she says.
'They were very comforting, and put me in touch with a solicitor, who specialised in child protection cases, and a doctor for a second opinion.'
The doctor asked whether Scott was small for his size and if his eyes had a blue tinge - both of which were accurate - then explained his symptoms sounded like brittle bone disease. Social services continued to refuse to let the couple know how the case was proceeding.
Then, two days later, police arrested Andy for grievous bodily harm. He was released 12 hours later due to lack of evidence. Yet it was two weeks before the family was finally told where Scott was and allowed to visit him.
An interim order granted them two hours' access, three times each week. 'His foster home was with a one parent family in a scruffy council house. It was a really rough, messy environment,' says Alison.
'When we said goodbye, Scott started screaming. He was asking why we'd sent him away and telling us he hadn't been naughty.
'Leaving him was like having my heart ripped out - I just wanted to take him home.' Alison was put in touch with a brittle bone specialist by PAIN as well as another family whose sons had been taken away in similar circumstances.
Then, three months after Scott had been removed, their solicitor called and said social services had admitted it could have been accidental. The following day, Scott was returned to his parents. 'It was wonderful having Scott back, but he was a changed child,' says Alison.
'In the past month, I've had three families reunited. That's the best news you can ever hear.'
'He was constantly angry, used terrible language and wanted everything straightaway.
'He had clearly grown used to having no discipline, and it took three years before he returned to the little boy we had known. And he still thought he'd been naughty, which was heart-breaking.'
But it wasn't only Scott who was left affected - Alison developed the inflammatory disorder Crohn's disease six weeks after Scott was taken, which she puts down to the stress she suffered as a result of losing her little boy. 'The worry was so bad it left me with health problems,' says Alison.
'Since then, I've had depression, a hiatus hernia and inflammatory bowel disease.'
The family waited a year for an appointment with the brittle bone specialist, who swiftly diagnosed the disease.
Yet Alison's experience left her wanting to help other parents, so she set up a support group in Leicester and started working with PAIN, looking after the Midlands and Yorkshire.
In 2002, the Department of Health - which had paid for three full-time paid workers - stopped funding PAIN and the organisation was forced to close.
But Alison was determined to reopen it and took over running it on a voluntary basis, in addition to her full-time work as a hospital nurse. She is now helped by two other people. Alison's achievements have been remarkable.
It was PAIN that pushed for the Parents Allowed in Case Conference Bill in the Nineties. This month, her three-year campaign with John Hemming MP to open up family courts will pay off, as journalists and charity representatives such as herself are finally allowed to attend case conferences, enabling greater public scrutiny of procedures.
She is trying to change the situation for enhanced CRB (Criminal Records Bureau) checks because any allegation remains on a person's file, even if social services take no action - 17,000 people are affected by this. But while Alison is proud of these campaigns, it is her day-to-day work with parents - 'Just being there to listen' - that remains most important to her.
'Just looking at my little granddaughter spurs me on.'
'When someone is in that situation, they want to talk to someone who can empathise,' she says.
'Last week, one woman who called was incredibly upset and, after speaking to me, said she had been thinking of suicide.
'In the past month, I've had three families reunited. That's the best news you can ever hear.'
Alison takes ten phone calls a day and responds to countless emails and messages asking for advice and guidance.
She regularly attends case conferences and court with parents. Fitting in this huge workload around full-time nursing is difficult.
Even on holiday in Egypt two months ago, Alison found an internet cafe and dealt with inquiries - though she still had 300 emails when she returned home. She feels indebted to the group.
'Without it, I might not have won back my son,' she says.
'Today, Scott is 27 and has his own baby daughter, Holly. Just looking at my little granddaughter spurs me on.'

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