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  1. HELP...... Hi I'm trying to find out some information in regards to a situation I currently find myself in. My abusive ex and father to my 5 year old daughter has had custody of our child through a dependency case where they gave him custody amongst all the concerns that were brought to light during this case and although there weren't any real concerns of myself they only gave me hours a week supervised visitation (which is bs). He has never followed the visitation order and although many reports have been made in regards to his ability to properly care for her nothing has been done about the abuse and neglect she stutters. I recently found that he has had her sleeping in his truck and that's just the tip of the concerns. SO upon finding that he has had her sleeping in the truck when I went to pick her up for a few hours (again this is just a small bit of the concerns and problems) I took my child got some dinner and when leaving dinner I was saying goodnight to a friend that was with us when I heard my child on the phone saying some things that made me realize she was on phone with her father so I grabbed the phone and informed him I was keeping her hee needed to figure sobering out because they truck was not the place to be having her sleep at night and wearing dirty cloths unbathed and smelling like urine, if he didn't them she would be taken by cps and that's not what we needed. He made all kinds of threats about calling the cops and the following day did just that. Hee lied to the cops saying I had her for a scheduled overnight visit that I didn't return her from and that he didn't know where I was and couldn't contact me that he feared I fled with my child. There was no overnight visit scheduled and hee knew exactly how to contact me and where to find me. So now I'm being sought for kidnapping my child which is not what I've done and I still have my child with me whom don't want to go back to her father and although I filled paperwork in court and have tried to have something done about the situation he has had her in still nothing is being done. I'm still being sought for kidnapping my daughter when all I'm trying to do is protect mg child from the continued neglect and abuse she is suffering not only from her father but the very corrupted system that is suppose to protect us from the abuse. There is so much more in-depth information to the whole case and situation what's been stated here is only basic tip of everything that I've posted here. I went to hire an attorney whom now wants me to hand my child back over to the father and abuser and turn myself in for kidnapping and she'll work on getting me probation for the kidnapping..... I don't feel that this is right. What where how who when???? HELP PLEASE ALL I'M TRYING TO DO IS PROTECT MY CHILD
  2. Dklohn

    Kidnapping

    A man dressed as a Sheriff came to my door and asked me to step outside which I did. He told me I needed to come with him to The hospital for a mental health exam. I said ok let me get my shoes and brush my teeth. He told me No that I could not go back into my house and he walked me to the car. He never properly identified me by last name or ID. He took me to the hospital where they did a urine drug screen and drew blood. He stayed outside my door the 4 hours I was there but left right before discharge. So the person I had to call to pick me up ended up assaulting me leaving bruises on my arm by forcibly removing from the car. What I found out 2 weeks later is a warrant was never issued but a set up to lock me out of my house. I learned the guy posing as a police officer is a firefighter and good friend to one of the people wanting me out of my house. No medical record exists of me being at the hospital but is stated in the assualt report. Would this be considered kidnapping??
  3. Your only real option at this point is to contact a lawyer and have him/her coordinate turning yourself into the police. If you have actually been charged with kidnapping you could be facing serious prison time and if you are arrested while "on the run" it will only make it worse.
  4. My daughter, who lives in Ohio, sent her son to Texas to visit with his grandmother and step-grandfather for two weeks. They never brought him back. Keep in mind that this was in November, 2018. Evertime my daughter asked for his return, they always said they couldn't afford to, but if she wanted to come get him, she could. So this being the case, my Fiance and I took time off from work to take my daughter to Texas to get her son. $3,000.00 dollars and a week later. We came back empty handed. We went through 2 sherrifs department and a Texas ranger, (who says his hands are tied), called FBI, and even law enforcement agencies in Ohio. My daughter has never been in any court nor served with any papers of any kind. How might I ask, is this not kidnapping/abduction. My daughter's mother stopped communicating with her when she found out she was there to get her son. Law enforcement in Texas will not look at this on a criminal level and is basically giving a child to a grandparent, when grandparents in Texas have no "custodial rights". What can we do to get this 4 yrs old child back where he rightfully belongs?
  5. I am looking to open a settlement lawsuit against the police of my township and several newspapers. Last year, a fight with an ex-girlfriend got out of control and the law ended up getting involved. I was arrested for first degree kidnapping, criminal restraint and theft of her phone with a $250,000 bail. Due to the amount of time required to gather such funds, I spent a torturous week in jail. When I got out I discovered multiple newspapers had published articles regarding the incident with lies, half truths or omitting the truth altogether without doing their due diligence. Although it was a domestic issue, the State proceeded by treating it as a criminal case. I was supposed to go back to school in January but had to stay for the best possible outcome. I ended up taking a plea bargain where I plead guilty to the theft charge but the kidnapping and restraint charges were dropped. I was put on probation for three years and mandated domestic violence/anger management therapy. Now that I am in a more secure place in my life, I would like to sue the municipality of the state for false accusation and malicious persecution. I would then like to collectively sue all of the newspapers together for libel, defamation, tort of negligence and breach of privacy I am suing the State for the emotional trauma and psychological damage of spending a week in the A row of jail with people who unlike me are legitimate murderers, kidnappers and rapists. I am also suing for the overwhelming stress of possibly facing 25 years of prison time for a crime that I did not truly commit. I am also suing for the resulting consequences of the case, primarily me being forced to withdraw from school and unable to seek employment. I am also suing for additional stress of the entire legal situation including the hiring of a lawyer, multiple unnecessary meeting with the justice system and the added responsibility of probation and therapy that I do not need. Most importantly however I am suing the newspapers for the damage it has had on my reputation, my inability to attain employment and the effect it has had on my social life. Because of this I lost my previous job and every job I go to refuses to hire me, probably due to the fact if you search my name the first thing that comes up is my mugshot and inaccurately accusatory articles. Also, I cannot show my face in social situations without undergoing extreme embarrassment. Every time I go out and talk to people now I am questioned about the incident, where I have to undergo the humiliating shame of explaining this transgression to my reputation. All of my relationships with my family, friends and family’s friends have suffered as well. People have either started treating me differently, stopped talking to me as much or stopped talking to me altogether due to the damage any association with me may have on their reputations as well. The levels of psychological and emotional stress have become overwhelmingly abundant to say the least. Due to the excessive overthinking about my inability to go to school, lack of employment and where my life is headed I have lost so much sleep. I stay up all night almost every night and have since been clinically diagnosed with insomnia. The emotions of shame, embarrassment and humiliation that have emerged from the impact this case has had on my social life are unsurmountable to say the least. I have suffered a great deal of emotional pain that I feel can never truly be compensated for. My only remaining question, what is a reasonable financial equivalent to the psychological, emotional and social trauma that I have endured? What amount of money could I be expecting to get out of this and how much I should sue for in order to attain that amount in the end after they try to lower the price through compromise? From my understanding, when I sue them for a certain amount they will try to settle for a much lower amount and offer a much lower number. So there are two numbers I need to figure out: the first number is the amount of money I will end up actually be receiving in the end and the second number is the amount of money I should start at in order to receive the first number after their attempts of settlement. What is a good estimate of those two numbers?
  6. It doesn't sound as if this involves a simple failure to appear for custody. It sounds more like parental kidnapping. Is it the case that there was a court hearing for custody and rather than appearing in court she took the children and fled to Nevada? I suspect the court then awarded custody to the husband who then filed charges of parental kidnapping. If all that is the case, your friend has made a very serious mistake and may go to jail for it. Her best bet at this point is to waive extradition and allow herself to be transferred to California ASAP. There isn't really a case in Nevada.
  7. I NEED A LAW FIRM WHO CAN GET IN FRONT OF MR. TRUMP TO PRESENT MY CHILD KIDNAPPING CASE. Open Letter to Mr. Donald J. Trump regarding CRIMES AGAINST HUMANITY - Taxpayer-Funded Human Trafficking, Harboring of Illegal Aliens & Child Kidnapping under the RICO ACT JUDGES ABOVE FEDERAL LAWS? CONSPIRING IN CHILD KIDNAPPING & HARBORING OF ILLEGAL ALIENS! Violation of the Federal Immigration and Nationality Act 8 USC § 1324(a) (1)(a)(iv)(b)(iii) 200,000 Children every year Kidnapped or wrongfully retained into USA by Illegal Immigrants and supported by criminal Judges who VIOLATE their Oath and VIOLATE the American Constitution! "All laws, rules and practices which are repugnant to the Constitution are null and void" Marbury v. Madison, 5th US (2 Cranch) 137, 180 I am victim of a child kidnapping case by an ILLEGAL ALIEN who has been protected by corrupt judges. I need a smart and open minded (REPUBLICAN LAWYER) to help present my case to Mr. Donald Trump to finally get JUSTICE. My wife J**** A***** is ILLEGAL in the USA. As you know, Mr. Trump will arrest all ILLEGAL ALIENS, especially those who overstayed their visas. My wife is one of them. I wrote hard copy letters to Mr. Trumps office. Please let me know if you can help me and get this case in front of Mr. Trump. There are 200,000 children being kidnapped into USA by ILLEGAL ALIENS and they are protected by the corrupt Obama administration. I want my child back.
  8. My son and his ex lived in Alaska for over 20 yrs. She was charged and pleaded guilty to a felony but was allow to stay out of jail because of my Grand-kids, She omitted that my son was had joint custody and could care for his kids while she served her jail time. Now she has left Alaska without my son knowing and brought my granddaughter to her families home in Louisiana. I heard that was spousal kidnapping, is that right. I have tried to visit my granddaughter but the family does not allow it and makes excuses. My son is trying to do something but the law is slow and expensive. Is there anything I can do to at least get to see my granddaughter and make sure she is all right. Thanks
  9. Well if I were you, and since you already claimed to do have done it, I would delete this post immediately and keep this between you and her and YOUR parents only. Do NOT discuss this with her parents, EVER, even if you both are above 18 by then. Chances are sooner or later she might tell he parents so they do know what you and her have done. I would not ask any official or teacher or councelor for advise about this; they are legally ordered to report this to the police / justice department. Avoid this girl AT ALL COSTS if you two ever break up or she starts treating you in any harmful or threatening way. Because her have done it under state eyes , you and you alone will suffer the consequences, not her. Do you two separate she will be fine without you. Most important however, do not admit or apologize for anything you ever did with her to her or her family do they ever threaten you or blackmail you or claim to drop the charges in exchange for some sort of "make-up' / 'penance' / 'sorry'. It may be legal in South Carolina to have sex at the age of 16, but the power of a woman, the power of an legally underage person, and the power of that person's parent(s) are overwhelmingly greater than your word. Does this girl or her family ever grow a dislike towards you, her and her family can easily construe your actions to different crimes, from kidnapping to coercive sexual assault / rape. The courts, no matter how good you are, will hurt you in legally profound ways. They can sentence you into punishments that destroy your career in just about any job that has to do with social, emotional, mental, or biological interaction. Your life can become lower than those of real criminals do you ever become convicted of a sex crime, regardless of the acrual circumstances at hand. Althought is so trivial and common in the teenage life that you two both share to have sex, legally you are in serious danger do you or her or her family share this information with authorities. You sound like any other teenager looking for advice about sex and legalities behind it. I am not a lawyer or anything like it, but I do not want to see you in jail or in probation or cut off from your dream job or your community for life because of some impassioned # of minutes with some teenage peer of yours behind intimate, closed doors. It is a harsh life once you meet the judge for these crimes and sadly, even for young, otherwise innocent seniors like you, there is no way to reverse or undo your crime. Only further punishment. PS: Use proper protection do you ever have sex again.
  10. My brother, found a wallet in the Isle of a casino in Missouri. He was taking the wallet to the cashier / Security when he was approached by a lady saying the wallet was hers. She described the wallet to his satisfaction and he returned it to her before he reached security.Security then found him on camera with the wallet and questioned him. He explained to the Casino manager what happened and was told the cameras agreed with his story. The manager even gave him some free meal tickets to apologize for the misunderstanding and let him go home. Approximately 2 weeks later, a Sargent, claiming to be a state trooper for the casino contacted him, stating he wanted to talk with him about the incident. attempts were made by my brother to return his call but he was not able to get a hold of the Sargent. On March 8th the Sargent called brother again and once he answered the phone the Sargent immediately requested to know how much money my brother had stolen from the wallet. My brother continued to tell him that he had not taken anything, due to the rural area my brother lives in the phone call was dropped and after the accusations made by the Sargent, my brother chose not to return the call. The Sargent then came to my brothers house, with the local sheriff and knocked on his door. When my mother answered the door the Sargent pushed his way into the house, grabbed my brother, cuffed him and told him he was under arrest. my brother was never read his rights. He was cuffed and thrown into an unmarked car. My mother {that lives with him and was at the casino with him at the time of the incident} asked where he was being taken. The Sargent told her he did not have to tell her anything and they left. The Sargent took him to the casino and cuffed him to a table. He was not given a chance to get legal representation. The Sargent claimed that my brother had stolen money from the wallet he had found 2 weeks earlier and that he was lying, claimed he had video proof that showed him stealing the wallet and taking over $300.00. After a couple of hours of harassment and threats, the Sargent told him he would not turn him over to the prosecutors office if he paid $300.00 in restitution, which Dave did not have. He was released and told he had until March 10th to come up with the money or he was going to jail. My mother was contacted and told she could come pick him up from the casino where he had been held, harrassed and threatened with no legal reprenstation. My mother contacted the public defeners office and reported the incident and was told my brother had to pay the money. Afraid for my brother and of the Sargnt my 74 year old mother took $300.00 {in cash as instructed by the Sargent} to the casino. She was escorted to the cashiers cage in the casino by a security officer and once there the cashier did not know what she was suppose to do with the funds so the Sargent was called over. The Sargent then asked the cashier is my mother had told her what her son had done and then told her that my brother was a theif and a liar and had been caught and instructed the cashier to give my mother a hand written receipt for the money and then he proceeded to scream at my mother in front of the cashier and the other security officer and told her that now that they had paid the money that my brother was in fact guilty of stealing and a liar and that neither of them would be allowed in the casino again and to not ever return. It is my belief that this was not handled lawfully. The Sargent claimed to arrest Dave but did not read him his rights or take him to a police station or charge him with anything. He then extorted $300.00 from him with no proof of any wrong doing on the part of my brother, who was cleared by the Casino manager 2 weeks earlier of any wrong doing...It is my hope that you can help with this or give us some direction as to if we can or should proceed with any further actions.
  11. Okay my son's dad's parents have a gaurdianship / conservatorship with my son. My son's dad signed the paper with no problem and I took it to court without having a lawyer. I had a drug problem and the judge told me I had to go to treatment, finish probation, have a home, be financially stable, and stay clean. I have completed all of this. My husband, not my son's father, and I have a home and are financially stable. I graduated probation December 2014 which was when I was suppose too, I had absolutely no problems on probation. I have been clean for 2 years and 2 months. My son's grandma who has gaurdianship / conservatorship had told me that we don't have to go back to court for this but then she says we do and her answers change all the time. She is part of an Indian Tribe out of South Dakota and is trying to get the Tribe 'high council' (don't know the correct term) involved to get full custody of my son so she can take him and move to Pennsylvania. I guess I just want to know being his mother and not loosing my rights if I can pick him up now bring him here and not take him back without getting charged with kidnapping or anything. The judge signed off on this in Jan 2014 and told us it has to be renewed each year in January but I haven't seen no paperwork or haven't signed anything for this year 2015. Please I need legal help, answers, anything! It would be greatly appreciated! !
  12. My ex and I have a standing court visitation/custody order in California. In the custody order, we have shared physical and legal custody, with primary residence with me (mother). In our custody agreement, it states all the visitation in which the child will spend with his father, including at what time it starts and where we will meet. If his dad and/or step-mom pick up the child from school (not the agreed upon location nor the agreed upon time) without permission/agreement from me, would this be considered parental kidnapping?
  13. Ok where do I start, in March of 2015 I was almost done with my 4th year as a heroin addict and had unfortunately introduced a girlfriend to it as well. Fast forward and I get a phone call out of the blue of that same now ex gf saying she missed me and wanted to hang out but also that she was getting sick And wanted to know if it was possible that I get her well. When our relationship ended mind you as far as I knew there was no bad feelings at or least I thought that was the case. So I invite her over and she arrives and lets me know so I out and ask if she's coming in to which she answers that she's been having bad lady problems and would prefer if I could bring what I had set aside for her out to the truck and we would smoke out there till she felt better then come inside. So I again do as she asks and go back inside at which point I put my tazer away before walking back to her truck. I open the passenger door and get in having left my wallet any kind of defensive weapon bringing only tinfoil and about $30 worth heroin and my Obama phone. As I close the door my spidey senses then tell me something is bad. My ex looks at me and says "I told you you really shouldn't of ****ed with me" to which I reply "huh?" At the next second I see out of my prereferal vision someone rising up from there hiding place under blankets in the back of her king cab. This person I know immediately as its an old connect of mine that I had a falling out with about a year before this. He has what to this day I still believe was either a 44mag a 500 mag. I own a 357 extended Blackhawk and this gun that is now in my face is much larger than the gun I own. At this point my ex begins to slowly back the truck out of the parking spot. Then I'm told to empty my pockets by 3 and he says 1,..... and I make my move for the gun and fortunately it very much surprised him as I ended up with a better TWO handed grip on the barrel and trigger guard. He then goes into panic mode and starts to try and rip it back from me as frantic as anyone has ever been. Maybe thankfully who knows if I would have completely taken the gun out of his hands and the adrenaline and anger at that point I have no doubt I very likely would have shot both of them. Instead I decide to make my move for the locked door so still having my left hand now on the iron sights on the pistol I get the door open with my right and as were going about 7 or 8mph I more of less jump out the truck and as I make my exit my left hand gets gashed real bad from the sights on the gun. At this point they simply make a run for it and burn out as they flee. I do a once over and realise they got my heroin and my Obama phone which I had only had maybe a week. Other than my hand being fillet open pretty bad I'm ok and after the adrenaline goes away I come to realise how lucky I got a few different times. At the time as I have said I was deep into my addiction and lived in a neighborhood that you don't call the cops. Even if someone is shot if you call the cops and that gets out your labelled a snitch. So I just checked it off as just another incident in the lifestyle I was choosing to live. I've always been a firm believer in Karma. In July of 2015 that same guy was arrested with firearms drugs, assault weapons, etc. He's now awaiting trial and residing in county jail. The female my ex is playing video games all day and living rent free with her tweaker parents. I am extremely proud to say with conviction I've been opiate and other drugs free since may 27th 2015 and have not had any relapses or even any cravings for that matter. This event has been played over and over in my head. In every way The world is a better place with this guy behind bars. This girl Is as guilty or even more so than the male. What are your thoughts and input on what would be best for me to this behind me. I want her to pay for putting my life at risk and right now the only thing she is having to deal with is she's still a junky and knows I'm clean so hope she is miserably dope sick daily!!!
  14. Texas expungement law[1] allows expungement of arrests which did not lead to a finding of guilt, and class C misdemeanors if the defendant received deferred adjudication, and completed a community supervision.[1] If the defendant was found guilty, pleaded guilty, or pleaded no contest to any offense other than a class "C" misdemeanor, it is not eligible for expungement; however, it may be eligible for non-disclosure if deferred adjudication was granted. An Order of NonDisclosure acts is an option for those that are not eligible for an expungement/expunction in Texas. An Order of Non-Disclosure does not completely eradicate your record like that of a criminal expungement, but seals it from public domain. Your record may be visible to certain government agencies but to the rest of the public, it will not be able to be viewed/found.[8] Typically, record sealing in Texas is available to those who have successfully completed all terms of deferred adjudication probation. For a misdemeanor in Texas, you can seal your record immediately after completing your deferred adjudication. For a felony, you must wait 5 years to seal your record. The following charges are never eligible for a non-disclosure: Aggravated and Regular Sexual Assault Indecency with a Child Prohibited Sexual Conduct Aggravated Kidnapping Burglary of Habitation with intent to commit the above-listed offenses Compelling Prostitution Sexual Performance of a Child Child Pornography charges Unlawful Restraint, Kidnapping, or Aggravated Kidnapping of a person younger than 17 years old Attempt, conspiracy, or solicitation to commit any of the above-listed offenses Capital Murder or Murder Injury to a Child, Elderly or Disabled person Abandoning or Endangering a Child Violation of a Protective Order Stalking Family Violence The Texas Young Lawyers Association and State Bar of Texas provide an informational packet about expungement as a service to the public.[
  15. A child was born in NY. Both mother and father signed acknowledgment of paternity and both are on birth cretificate. 2 weeks later child and unwed parents make a permanent move to FL. 1 and 3/4 months later, mother turns violent, father calls 911 for help. When police arrive, mother claims that father strangled her. No marks on baby or mother, but father has multiple marks and is even bleeding from his face. Father is arrested. Mother runs off to shelter. 3 Days after his arrest, father files emergency petition to prevent minor from being removed from juridiction. It was granted. Mother fled and leaves state with child. 5 days after fathers arrerst, the state drops and abandons his case, declining to file charges. 9 Days later, after being served with custody proceeding papers from state that she fled, mother files for protection order in new state, by way of false accusations from incident in old state, and also files for custody in new state. Mother intentionally withheld the information from new state court, of the proceedings in Old state court, that have already been commenced. Where does jurisdiction lie? Almost 60 days has passed and evidence has not been heard as to the protection order in new state. Father has only gotten 1 visitation with child and was supervised. Old State and New State judges have spoken as to the issue of jurisdiction. But no decisions have been made. What do we do?
  16. my son in law which is a soldier and came back from Germany where they were station asked my daughter for a divorce because he is not happy?! neither one of them has file for divorce, but have talked to the legal office and asked for paperwork. she wanted to work it out, but he said there was no more spark?! Can she come back to my home with her children? he is threating her with kidnapping and call the police on her if she leaves the state which is Washington we live in NY. has left the house they live in to live who knows where. can he stop her from coming home with her kids? would that be consider kidnapping if there are no paperwork filed, but talk about divorce? desperate to know
  17. This is unbelievable, but maybe someone can lead me in the right direction. In 1994, maybe 1995 I was sexually assaulted with a deadly weapon by someone who I didn't have any prior relationship with. I immediately called the police, went through rape testing, counseling, all requirements. I was told by detective that the case was going to go to grand jury, and that there would always be an active warrant for the suspect because sexual assault with a deadly weapon is a first degree felony. I kept in touch over the years, but mostly left the police and state do their job to catch the offender. My previous detective had retired and the new detective insured me that one day he will be caught, and hiding is much worse than prison and on with my life I went. With all the news about the issue on TV, I became curious about my own case. Upon searching noticed the offender ( I had learned his name after offense happened) had been arrested in another state for attempted rape and kidnapping. I had thought about it, and no I had not been a minor. My husband called the court house to see if maybe that was my case but was told it had been disposed, and that the offender had an active warrant for 10 years but they just never found him even though he spent almost 16 years in another state prison for guess what? Attempted rape and kidnapping. So, how can this be or out system just this flawed? Since his release from prison he has had numerous charges of burglary and violence,and only a matter of time before he does this again and possibly hurts or ruins a innocent person's life.
  18. Dklohn

    Kidnapping

    UuOooohhhh it will be. I have a hearing tomorrow about another incident that was perpetrated by the people who instigated this. I already talked to the officer in that court who mentioned it was kidnapping and he is making that judge aware of what happened so after tomorrow everyone involved be known to the officials. It sickens me that many lives will be ruined because of a man wanting to be vindictive and that he even put so many people in the position to say yes or no to help out in his plan. There have been so many serious laws broken I cannot even count them.
  19. Since 2015 the shared custody order has been fairly easy. The last 6 months or so my ex has been more agitated and uptight then I have ever seen him. The hygiene of the girls has declined even though he's living with his mom. I pick them up from school on Thursdays and even though I can tell I ask "when was the last time you showered?" "When we were with you(which was 5 days before)" Blackheads on their faces....you get the idea. Recently we were forced to move out of our home and were unable to secure housing. We have been in a motel since the end of July and desperate for a place. Without coming to see where we were staying my ex decided it was not okay for them to be here. So he picked them up on my day from school, didn't answer my calls for over an hour, and kept them the whole next week until it was my time again. Refusing to limit my time to only days & no nights the next week was tense. We alternate Saturdays and on his day he threw a fit because I wasn't letting him pick up the girls when he wanted. Suddenly I was kidnapping and delusional and all sorts of other things. we arrived back to see him taking pictures through the window our room. I have been trying to find someone that could help me or at least tell me my options, to no avail. then Wednesday when I'm supposed to get my girls I am told that he has taken my visitation. What he filed and had approved was an attempt to withhold. I have not seen any paperwork yet and he has not talked to me. I also have not talked to my babies even though I have asked. My girls are very connected to me and I know this is hurting them soon much. So, what can I do? What are my options? And from what I understand he doesn't have to comply with the custody order, but he cannot keep them from me completely. is that correct?
  20. The only federal charge for which the statute of limitation (SOL) for this would still be open is for kidnapping (18 U.S.C. § 3299) since there is no limitation on that. The other federal laws that might apply (had they been on the books back then) have a SOL of either 5 or 10 years. The problem is that the facts as stated would make a kidnapping charge hard to bring. The mother came to the U.S. willingly to work for the woman. The abuses occurred sometime after she arrived in New York to work. A key element for federal kidnapping charges is that the defendant transported the person in international or interstate commerce. While enticing the victim with false promises can sometimes be enough, I can see a federal prosecutor having a hard time prosecuting that on the testimony based on memories of the victim from 40 years and nothing else. The other problem is that the defendant must have held the victim for “for ransom or reward or otherwise.” The woman offered her a job but failed to pay the wages due. A simple lack of payment of wages due is going to be a very tough case to argue amounts to a benefit akin to holding a person for ransom or reward. The woman may well have committed some criminal offenses, but I am not convinced kidnapping was one of them. The OP can discuss this with the FBI, which is the agency that investigates kidnapping, and the FBI and DOJ will decide if there is anything to pursue for federal criminal charges. I'd be very surprised if they took this case if the only evidence relies on the memory of the victim 40 years later. And, of course, this assumes the woman is still even alive today to go after. There would be similar challenges in NY. The OP would want to talk to the police or DA for the county where this took place. But again, I'd be surprised if they were willing to take a kidnapping case after all these years. Apart from that, there isn't anything else for the OP to do.
  21. Since criminal charges can only be filed by the prosecuting attorney, it's a bit of a moot point. Obviously, anyone can report a suspected crime, but this isn't kidnapping. So...this is his wife, not his ex-wife. Is this just an agreement or a court order? And what do you mean that it "expired"? Are any of these people lawyers? Your "fiance" should contact a family law attorney about getting divorced. Since his wife and child are both apparently residents of Virginia, he probably would be better off handling everything there, so he probably should contact a lawyer in the area where his wife and child live.
  22. My fiance child lives in Virginia with her mother. We live in North Carolina and recently found out his child mother has been arrested for the 4 th time and is still in jail facing two felony charges due to shoplifting also a violation of probation. We already had family trip planned before this happened n leave on 10 th to get his daughter to go beach. His ex wife boyfriend has the child and contact us to tell us what was going on and that wants the child to still go beach but begged my fiance to bring child back to him and told my fiance if he didn't he would take kidnapping charges out on him . He has no legal right to child to take charges like that. They are legally separated but not divorced. The custody agreement that was in place thru NC expired in 2014. We have talked to few ppl. Some say we have to file custody in VA some say can bring child back to NC n file in NC since child support is thru NC. We need to know correct way to go about doing this?
  23. Hello when I got divorced I was granted full custody of our children. Ex husband was granted visitation but he declined to see them. Our children are now in their 20' s but we have a son who is autistic. Recently we had to move from where we were staying and we had nowhere to go. So my ex husband opened his home our boys. And now Hes telling my other children that Hes not giving our special needs son back to me. That if I take him it will be consider kidnapping. What is the rights and laws concerning this matter
  24. Does qualified immunity extend to agents who commit a felony to extort an interview? Child protective services agent starts an investigation. Non criminal child abuse complaint against the father of autisic child. (Later unfounded, the child was never taken by DCFS) Parents refuse any interviews, refers agent to their autistic child's doctor and psychologist. Parents secure legal represenstation to negotiate conditions of an interview of their child. DCFS refuses to negotiate and statutory time on the investigation is running out. A DCFS agent dials 911, says father...child abuse...will need to remove the child. Not really a criminal complaint, more a determination or court order they are fulfilling. One that implies the father is a criminal danger. Police respond as if it is a criminial complaint. Though it is just a ploy to extort an interview, it is also a false 911 call diverting services from real crime. A felony in IL. The agent has no court order, the police don't ask to see one as they both pass through an ajar security door to the building and up to the second floor. The DCFS agent has made a felony 911 false call, to summon the police, for no other purpose than to extort an interview under the color of law? The stated reason for the visit "will need to take the child". The method, felony false 911 call, criminializing my right to refuse an interview. The police aided unwittingly in the conspiracy to kidnapp?
  25. My ex has my son and is refusing to give him to me. We've never gone to court for custody, nor have we ever been married. The Affidavit of Parentage in Michigan that we both signed, states that the mother has sole physical and legal custody until Friend of Court gets involved. The police are saying that this is a civil matter and I have to go through the courts, but from what I read online, it's the law that the mother has full custody automatically, and the non-custodial parent cannot keep a child for more than 24hrs longer than the custodial parent allows. I can't afford a custody lawyer, so the only way to go through the courts is to wait to go to a child support hearing and bring up custody then, which could take some time. Is there any way to get my son back sooner? Is my ex actually kidnapping him? My ex's new girlfriend isn't letting him talk to me, or even let my son talk to me. I have a screen shot of her pretending to be him saying that my son won't be calling me anymore, because I told her she has no say in any important decisions regarding my kids. Can this help me out in court? I also have messages upon messages of me trying to contact my ex to talk about my son and seeing him with nothing in return. It's been almost 4 months since I've seen him, I've never been without any of my children for more than a few days, and I don't know how much longer I can handle this sanely. Please help me as much as possible, my other children miss their brother and are hurting from this, and I know he misses us as well.
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