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Joey81

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  1. Thanks again adjusterjack. Will do.
  2. It was a pretty serious bite to her face. Months later she still has a scar from the canine. My ex-wife has sole legal rights, and as I understand it, that means I have no rights to bring suit against the therapist. I was trying to get records because if her dog was not actually trained/certified as a therapy dog, then it is pretty concerning that she represented her dog as such. In trying to get those records and instead getting excluded from therapy I checked in with the local police who had no record of the incident. I'm not looking to sue over the incident unless it turns out that the dog has a history of bites that were not disclosed or if her dog was not actually a therapy dog and she misrepresented it. I'm concerned that when we go back to court the therapist is going to throw me under the bus and try to claim there is some legitimate reason to exclude me from therapy, and I have no idea what the basis of that could even be. If her effort to avoid scrutiny on the dog bite goes beyond excluding me from therapy(which is hard to prove is related) and also includes violating the law by not reporting the incident, then it seems relevant. I just thought it was worth asking anyways. Thanks for the input.
  3. I am trying to find the statute addressing the reporting of dog bites by medical providers in Vermont. My daughter was bitten by her therapist's dog during a session with her mother. She claims this dog is a "therapy dog", but when I asked for records following the bite the therapist did not provide the records and instead made up an excuse to prevent me from ever attending a therapy session at her office again. This is in violation of the current court order for equal access to medical providers. The therapist took our child(with her mother) to her friend's medical center next door, who then referred then to the larger medical facility 40 minutes away and out of state. Local police confirmed that the medical center in question usually does report dog bites within a day, but did not report this one, nor did the therapist or the out-of-state hospital. I'm now trying to figure out what the legal requirement is for reporting this bite, and how to cite the law in a filing to the court. I've included what I found below, but I'm not sure how to cite it and I don't see where the statute definitively says reporting is mandatory, although, the HealthVermont.Gov says "Health care providers and laboratories are required by law to notify the Health Department regarding patients with certain suspected or confirmed reportable diseases" and provides a link to Chapter 4 – Health Surveillance and Infectious Disease Subchapter 1 at https://www.healthvermont.gov/sites/default/files/documents/pdf/hs_id_reportable_communicable_diseases_rule.pdf Under that section it says 8.1.2 Minors and Adults; No Attending Physician 8.1.2.1 Minors: If no physician is in attendance and the person bitten is under 18 years of age, the parent or guardian shall make such report within 24 hours of actual or constructive notice to the local town health officer and 8.2.2.1 The local health officer shall cause an apparently healthy dog, cat or ferret, regardless of vaccinations status, that bites a person to be confined and observed for 10 days. Health Care Provider as defined in a separate statute 18 V.S.A. § 9432 (9) "Health care provider" means a person, partnership, corporation, facility, or institution, licensed or certified or authorized by law to provide professional health care service in this State to an individual during that individual's medical care, treatment, or confinement. Any help is appreciated. Thanks.
  4. I'm not asking anyone to do research, but I was hoping that someone who deals with valuation issues regularly might suggest some case law that they reference regularly. I thought that in considering equitability that case law could be pulled from outside VT as long as it is dealing with general rule of law and not contradicting local law. The factors determining division of property are rather vague.
  5. The question is what case law can be cited to help in appeal on these issues. 1. Court assessed value is greater than replacement value (for a wholesale purchaser) 2. Court did not consider debt on the inventory 3. I was paying child support already, so purchasing something with remaining income should have no bearing on division of assets. 4. How to determine value of home-made artistic works. Thanks.
  6. I'm looking for case law or guidelines to help me with an appeal of my divorce ruling. I am a luthier, and my living has entailed repair/maintenance of instruments. I've never sold any of my hand made instruments, but in the 5 years of my marriage I devoted some time to private study with a world renowned instrument maker, and expanded my portfolio of works for sale as I prepared to move towards self employment. I also acquired some works for sale, which is marked up at 100%. My separation/divorce started shortly after I quit my job and began working part time for myself while also pursuing other employment opportunities. In the final divorce ruling the court valued all my instruments at 80% of retail, which is far above my replacement/purchase cost (50% of retail). I am appealing the order pro-se since I'm out of money, and I'd appreciate suggestions for arguments or case law on these issues. 1. The value of my self-made instruments is 95% labor, very little materials, and have never sold one that I've made. Some are 5 years old by the time of divorce. I testified in court that the private study and making of these instruments was primarily about expanding a portfolio for job seeking, and expanding my skills because we moved to a new state for my wife's job and I had to settle for work that would be damaging to my career if I didn't continue studies and have some examples of modern work. I would assert that these are like an unpublished manuscript who's value is theoretical. It should not be valued at or near retail. 2. Can I compare with value of hand made products for insurance or charitable contributions? I've been told that if my instruments burned in a fire or donated they would be valued at cost of materials, not retail. Isn't there an argument to be made that this is not equitable? 3. After separation I purchased $26,000 (net cost) of inventory and sold half of it. I paid child support based on my earnings, but have $14,000 of inventory left over. The court valued it at $22,000 and shorted me on equity from the house because of this asset, but did not distribute the $14,000 in debt on the inventory. I would argue that the value is replacement cost, not retail, and debt needs to be accounted for, thus the value is nullified. 4. I pay child support based on income and distributing value of inventory for sale based on retail means she is awarded part of the profit before sale is made, and I will pay her again when I sell it (in child support) as well as tax, but can't write off part of that debt. Thanks.
  7. Is there any way to get new evidence included in an appeal or to have that evidence somehow brought before the court after a decision is made? My divorce was finalized, but I've discovered my wife was hiding a savings account and probably some other account from which she was paying for personal therapy so the therapy could be conducted in secret. Also relevant because there are some other ongoing legal disputes between us that makes her mental health records relevant, but she has hidden the identity of therapists by paying from accounts that were undisclosed even in the financial discovery during divorce. Also, there was a scary incident involving a mental health breakdown and physical threats that she lied about in the hearing. I was able to get a police report in which the officer corroborates my version of events, which is 180 degrees from what she claims. It shows not only that she is lying about her mental health issues (even without the records available), calls her credibility in to question overall. She essentially blamed the whole event on me and portrays me as bullying her to go to the hospital, but the police reports states that the officers spoke with her independently and were so concerned about her answers that they told her they could either go in the ambulance or they would take her to the barracks for evaluation. I did file an appeal because I think there were some significant factual errors as well, and the judge's decision essentially gives her everything and bankrupts me. Not to mention that she's repeatedly violated custody orders, and admitted it in the hearing, yet the judge found it to be 'in her favor' that she was the primary caregiver during the period that she repeatedly violated the parent child contact order, and filed a flood of motions that had nothing to do with the welfare of the child just to block visitation. I probably can't afford representation for the appeal, and I understand it's a long shot anyways. I just don't understand how she gets the sole legal rights and responsibilities specifically 'because' she violated the order for 9 months and limited my contact. Any suggestions for how to proceed?
  8. NH State Law has a statute about secret recording or disclosing recording without consent, but I'm confused about this. During a FaceTime call with my ex-wife and daughter (which she was aware I was recording) she stepped out of the frame with her phone and began recording secretly. She then introduced this recording in to court in Vermont claiming it was threatening. She claimed that "knowing him for over a decade I know that tone of voice is threatening" and the judge seems to have bought BS. So here's my confusion, is disclosure without consent against the law in NH or am I reading that wrong? Does disclosure include sharing it with your attorney (as I shared it with my attorney as well) or is introducing it in to court without my consent still legal? Is it sufficient that my attorney didn't object, thus consent is implied?
  9. I've just recently seen my wife's Victim Impact Statement in relation to my criminal case. I see that there are several statements that are provably false, and significant to the criminal case and custody battle. In some cases she makes claims like "he refused to tell me where he was taking our child" but then several months later in her testimony at the restraining order hearing she knew not only where we were going, but could describe the campsite that I told her I was going to. It seems as though she must know that her statement was a lie. There are other such statements in there, which are relevant and provably false (although the biggest issues in the case are not provably false). I'm wondering whether there's any recourse if she lies in an affidavit associated with her victim impact statement. It certainly influences the judge's opinion of me right off the bat, and if that makes it in to the criminal court I think the jury poorly of me as well. Any relevant complaint or legal option that I can pursue here? Thanks.
  10. Thank you again for clarifying. I didn't realize that I have to go through my attorney of record, but I guess that makes sense. I've been thinking of giving him the boot, but nobody else was available when I began the divorce process a few months back. I can't help but think I'd be just as well off representing myself, but I realize that is probably incredibly naive. More just an expression of how frustrating this has been. Any recommendations for an excellent family law attorney in the Windsor/Orange County area in VT would me much appreciated. Thanks again.
  11. She did complain to the police that I was 'stalking' her, but has not yet filed anything with the court. Her lawyer has threatened it, though. I don't doubt that it will come up in court in some context, but it may not be until after my window of time to get footage has closed. If there needs to be something more than a police report, then I may be out of luck.
  12. I did check with the businesses, and I still have a couple weeks before they delete the footage. My lawyer isn't much help and takes months to accomplish anything. He is the eternal pessimist and would not even consider trying to sort out whether he can get this footage. I'll have to do it on my own. I just don't know what to file and with whom. Thanks.
  13. Is there some process whereby I can compel a business to release surveillance footage to me to provide proof that I did not violate my restraining order? For more context, my wife has been making a series of false claims to ensure that she controls custody of our child in our divorce. She has had one of her parents corroborate claims, which makes it very hard for me to defend myself. In the incident in question she claims that I was 'stalking' her while she was running errands. A New Hampshire police officer spoke with both of us and concluded that I did not violate the order, and did not request any surveillance from the parking area or the stores that I was in. The dilemma, however, is that my wife's attorney is still threatening to file to have the restraining order expanded based on these claims and my attorney said he "doesn't know a judge who wouldn't grant an expansion of the order based on her claims". Without physical evidence I can't refute what she and her parents claim. The police officer who investigated is a NH officer, but our family court proceedings are taking place in VT and NH officers refuse to testify out of state. As a result, the police report is inadmissible and the judge will have only our testimony unless I can get some further evidence. I am desperately trying to protect myself here, and I hope that this may actually be a way for me to start to establish for the court that she is lying to get me in trouble and taking advantage of my honesty by weaving a little truth in, then making wild claims. Yes, I was in town. I drove into a parking lot and saw them, then immediately left. I think the parking lot cameras can show this, and disprove claims that I was following them around. Any advice is much appreciated. Also, I do have a lawyer, but he is not at all proactive and I am pretty much on my own with gathering evidence to protect myself. If anyone has recommendations for an excellent family law attorney in VT I would appreciate that as well. I need all the help I can get. Thanks.
  14. Thanks, that makes sense. I'll see what I can figure out. As for the "previous post", that thread was about perjury specifically and what can be done when there are false claims over and over. I can prove some things were false, but evidence was not allowed into court. It's sort of relevant to this question, but based on your response I don't think it would really make any difference. Thanks again.
  15. This is sort of a tangent to my previous post 'perjury and false claims' Is there some way to appeal a restraining order? In our hearing the judge cut us short in spite of my attorney asking for more time. I did not testify because there are criminal charges pending, but that meant that none of my evidence was allowed in to court. Here is what I have, which I think ought to be considered: New evidence, which helps support my claim that my wife is framing me. It establishes that she made claims about damage to the house before her allegations about assault, but the damage to the house never happened. I didn't have evidence at the hearing, but now I do. Essentially, she made a report earlier in the day then attacked me later in the day and accused me of abuse. Caused self injury after I left and told the police I attacked her. The fact that the earlier incident never happened seems to support the notion that this was all set up in advance. Evidence of attorney misconduct: Her lawyer knowingly represented false statements, and I believe they attorney violated ethical rules indicated below. (a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another; (c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation; (d) engage in conduct that is prejudicial to the administration of justice; (e) state or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law; I still have the evidence, which was not admitted by the judge, but it proves that my wife perjured herself in her allegations that I caused reckless injury to my child and 'refused to explain the injury'. It also establishes that my wife is collaborating with her mother to frame me as her mother was on the witness list to corroborate this lie. So, what does it take to get this overturned or is it even possible?
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