MASSACHUSETTS Violates Rights of this Victim of Abuse on at LEAST Five Occasions

DISCLAIMER:  We are protecting the identity of the Victim so their personal information is omitted from this letter sent to District Attorney Tim Cruz for their safety and protection.  This story is important to be heard and help is needed for this victim since once again the State of Massachusetts has failed one more victim of abuse. It is also important to have this story heard so the State of Massachusetts will be inspired to change the way it handles domestic abuse cases whether in Family Court or District Court.

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)

Are Massachusetts Employees Moonlighting as Family Court Paid Liasons or Employees?

When you are forced to get a court appointed supervisor, which is a common instrument used in Family Courts, do you know if you have a supervisor that is potentially moonlighting? Some judges including Judge James Menno employ the use of Court Appointed Supervisors in a legal attempt to keep the victim of abuse from talking about the abuse. The use of supervisors to punish the victim, is a form of domestic violence by proxy.. 


Court appointed supervision was originally created to protect children from parents who were dangerous, abusive, violent, drug addicts, or alcoholics. However, what has transpired in the State of Massachusetts is astonishing.  

Mothers who claim to be victims of abuse under Judge Menno of the Plymouth Brockton Family Court in Massachusetts are punished and scrutinized. The majority are ordered supervised visitation. However, an accurate recording of this is not quite possible due to Judge Menno methods in his ruling by avoiding public accountability.


Besides the abuse of discretion and discriminatory facts of Judge Menno's actions, another concern arises. Many who are given the job of Court appoint supervisor are existing state employees.  Does this arise as a lawful or unlawful act of moonlighting? ALL supervisors that have been uncovered so far have been paid CASH under the table with NO receipts or documentation outside court order of what has taken place. Some work for the Department of Children and families while others work for the Dept of Health


According to USLegal.com the definition of moonlighting states:

In federal government employment, employment essentially includes any compensated non-federal employment or business relationship for providing personal services. Compensation may be direct, indirect, or deferred (actual and necessary expenses not included). Different federal agencies have their own policies, so the outside employment policy of the particular agency needs to be consulted to determine applicable requirements.

Outside employment regulation also depends on the classification of the employee. For example, special government employees (SGEs) generally don't have to obtain prior approval. An SGE is appointed to perform temporary duties on a full-time or intermittent basis, with or without compensation, for no more than 130 days of any period of 365 consecutive days. Full-time, non-career presidential appointees (generally presidential appointees with Senate confirmation) may not receive any outside earned income for outside employment. E.O. No. 12674. Full-time, non-career SES employees may not:

Have outside earned income exceeding 15% of the annual basic salary for level II of the Executive Schedule; orReceive compensation for:

1. providing professional services (e.g., legal) or allowing their name to be used by an entity providing such services;
2. serving as an officer or board member of any association, corporation, or other entity; or
3. teaching, without the prior approval

Members of a Uniformed Service (Army, Navy, Marines, Air Force, etc.) on active duty may not receive pay from another government position, except during terminal leave, or unless specifically authorized by law. Enlisted personnel may be employed part-time during off-duty hours in Department of Defense non-appropriated fund activities. Members of the Armed Forces Reserves and members of the National Guard may receive military pay and allowances in addition to pay from another Government position.
Federal civilian retirees will have their salary reduced by the amount of their annuity unless an exception is approved; and retirees under age 70 may have their social security check reduced if their annual earnings exceed the established limit. Most retirees under the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS) will have their hourly pay reduced by the hourly rate of the annuity when reemployed by the federal government.

Generally, federal employees, civilian and military, are prohibited from receiving pay from more than one federal government source. This prohibition applies to agencies in the executive, legislative and judicial branches, corporations owned or controlled by the government, and non-appropriated fund organizations under the jurisdiction of the armed force. However, there are exceptions, such as agency approval, U.S. Postal Service employment, and emergency services relating to health, safety, protection of life or property, or national emergency.

The most fundamental ethics-related rule of governmental service is that the employee's focus in taking any governmental action is doing what is best for the public. This is known as the "public trust." This means that if the outside employment could affect the employee's financial interests, they should not take official action, even if they know that their intentions are good and noble.

Some of the prohibitions typically applicable to federal employment include:
1) DON'T REPRESENT OTHERS BEFORE FEDERAL OFFICIALS, OR ACCEPT COMPENSATION DIRECTLY RELATED TO REPRESENTATIONS MADE BY OTHERS TO FEDERAL OFFICIALS.
This would include:

• Acting as agent or attorney for prosecuting a claim against the United States, or receiving a gratuity, share, or interest in such claim in consideration for assistance in prosecuting the claim.
• Advocating, irrespective of compensation, the interests of your outside employer, your private corporation, or outside clients, to or before any Federal official, whether in person, by phone, or in writing.
• Being compensated for work you do in support of another's representations before any official of the Federal government.
• Lobbying a federal agency for your outside employer.
• Submitting, under your signature, a grant or loan application on behalf of your family corporation.

2) DON'T USE NONPUBLIC INFORMATION, GOVERNMENT PROPERTY, OR OFFICIAL TIME IN CONNECTION WITH YOUR OUTSIDE EMPLOYMENT.
3) DON'T USE NONPUBLIC INFORMATION, GOVERNMENT PROPERTY, OR OFFICIAL TIME IN CONNECTION WITH YOUR OUTSIDE EMPLOYMENT.
4) DON'T SERVE AS AN EXPERT WITNESS OTHER THAN ON BEHALF OF THE UNITED STATES

Our question to you. When will our children stop being used and sold as a commodity in the family court system? 

Parents Speak Out About Massachusetts Family Court Injustice in Brockton/Plymouth Court

Here is a link with an ongoing discussion about Judge Menno in Plymouth - Brockton Family Court in Massachusetts. Victims of abuse are crying out to the State of Massachusetts, Advocacy Groups, Judicial Oversight Committees, Legal Help, Parents, whoever it may be who can help these children who are drastically devastated by the improprieties of one judge.


Here are some excerpts from Topix: 

From Sandwich, Ma - "I am desperately concerned about my children and Judge Menno. I have met 6 other women who have the same judge with similar stories....I do not know what else to do, and I feel I have done everything to try to protect my children and that is not good enough and the court does not care what I have done to help my children just grasping at straws to get dirt on me as a bad mother."

From Framingham, Ma - "pls help me end my 11yrs of homelessness by watching my video on youtube search corporate blacklisted mechanical engineer and pls tell your friends
thanks"

From Abington, Ma - "AM VR INTERSTED IN CONNECTING WITH SOMEONE, THIS IS AMAZING..6 YRS LATER, WITH MORE THAN ANYONE SHOULD HAVE TO BEAR, WITH 2 KIDS"

From Fall River, Ma - "Judge Menno has a warped sense of who he is and what his responsibilities are. More than likely he had a disturbing relationship with his mother and sisters. Any man who can't be objective when there are children involved seriously is not a real man. I can't believe this man hasn't been thrown off the bench. He has caused so much suffering. And he has no concsience. He is a best friend to any man who is getting a divorce. Clearly no woman stands a chance of getting a fair deal from this woman hater"

From Abington, Ma - "Hi my sister's going through the same thing with her x-husband. He molested son and daughter and judge menno is doing nothing about it. Actually, he's granting sleepover's so that the father can do it again. How can you get rid of a judge?"

From Plymouth, Ma - "I am going through the exact same thing I have two children, judge menno has declared sleepovers and my son has been suicidal since the visits have been granted,...Judge menno doesn't care he told me to tell my 8 year old boy that if he doesn't do what judge menno wants then he will end up living with the father. Judge menno is a child abuser then! this is a form of child abuse. We need to do something. I have been threatened by him twice and he is waiting to take my son away unless i force him to sleep over a rapists. My son watched his sister get raped with a pen then she watched him get raped.
is anyone interested in starting a group to fight this jerk?"

From Plymouth, Ma - "The man has several contempt charges against him! Not once has Menno stuck to his own orders!!! Well, the person who hired the lawyer and Menno are all in this political game together!!!"

From Dedham, Ma - "This judge awarded custody of my daughters children to her husband. She went to court a couple of days ago and her attorney told her later that afternoon that the judge had awarded custody to him. He is not a bad guy. She had to call the police on him the night after they arrived home from their honeymoon and he has a vicious temper."

Massachusetts Judicial Bias for Incarcerated Fathers to aid in gaining custody?

Below is the Press Release from the State of Massachusetts (see link) regarding Judge Menno's involvement as a key note speaker for this program.

Press Release - June 27, 2007
Office of the Commissioner of Probation

More than 1,600 Offenders Have Become Better Fathers
Thanks to Probation's Fatherhood Program

 EXCERPTS 
See link for complete article

Shawn Suarez Sr., a 32-year-old father of a pre-teen son, never knew his father. Suarez, however, wanted to make sure that his son grew up knowing him.

After being released from prison, he fought for and gained custody of his child. Suarez, who was later placed on probation for subsequent charges, was ordered to attend Probation's 12-week Fatherhood Program at Springfield District Court.

Suarez said he found something at the program that he had not found in any of the many programs he was ordered to attend by the courts or while in prison.

"This program was not like any of the AA's or NA's or like anything I have ever attended. In this program, I felt like I could be myself, like I don't have to tell them what they want to hear," Suarez said. "The biggest thing that I learned is how important it is to my son for me to be in his life. You mostly hear about how important mothers are."

Suarez is one of more than 100 probationers across the state who have graduated from one of Probation's 12 Fatherhood Programs over the past year. Chief Probation Officer Thomas Mitchell and Deputy Commissioner Steve Bocko created the Fatherhood Program in 1994 when Mitchell noticed that many of the men who came before the court had one commonality.

"An overwhelming majority had little or no contact with their own fathers," Mitchell said.

"In Plymouth County, Brockton District Court runs a Fatherhood Program, which was established in 2000. The court held its graduation on June 13th at the court. Plymouth County Probate & Family Court Judge James V. Menno was the keynote speaker. A total of 132 fathers have gone through the program."


"The Fatherhood Program was something that was definitely needed. Kids, fathers, and families benefit even to this day."

Massachusetts Resources For Victims of Abuse

Below is a list of resources for organizations fighting for victims of abuse in Massachusetts. Some provide services. Some provide advocacy.  Some are working with larger organizations on the problem of abuse as a whole.

NATIONAL

• Justice For Children - Justice For Children is a national nonprofit organization of citizens concerned about children's rights and their protection from abuse.
• Stop Family Violence.org - Stop Family Violence is a national grassroots organization with a mission to organize and amplify our nation's collective voice against domestic violence
• CAPPA - California Protective Parents Association - Model Protective Parent Activist Group that is paving the way for many others in other states. Association to protect children from incest and family violence through research, education and advocacy.
• Barry Goldstein - a domestic violence writer, speaker, advocate and consultant.
• Domestic Violence, Abuse, and Child Custody - Legal Strategies and Policy Issues  - Co-edited by Mo Therese Hannah and Barry Goldstein ©2010.   DOMESTIC VIOLENCE, ABUSE and CHILD CUSTODY brings together experts from the US and Canada for a multi-disciplinary review of the most up-to-date research and recommendations for handling, domestic violence custody cases.
• National Council of Juvenile and Family Court Judges -  The publications of the Family Violence Department (FVD) of the National Council of Juvenile and Family Court Judges (NCJFCJ) include comprehensive suggestions for model court practice; legislation in family violence; and policy for collaboration among child protection workers, domestic violence service providers, and the courts.  The publications, described below, can be downloaded* or ordered via facsimile (with ordering on-line capabilities coming soon) or through the Resource Center on Domestic Violence: Child Protection and Custody at (800) 527-3223 or (800) 52-PEACE.  Quantity discounts may be available, upon request, for some publications.
• The Leadership Council -  The Leadership Council is a nonprofit independent scientific organization composed of respected scientists, clinicians, educators, legal scholars, and public policy analysts. We are committed to providing professionals and lay persons with the latest scientific information on issues that may affect the public's health and safety. We also seek to correct the misuse of psychological science to serve vested interests or justify victimizing vulnerable populations -- especially abused and neglected children.
•  National Alliance for Family Court Justice - NAFCJ, founded by Liz Richards in 1993.  Dedicated for victims of exploitative family and custody court authorities. Work with other protective mothers and incest survivors to reform the system and learn winning strategies Learn more about troublesome custody issues.
• The Battered Women's Justice Project - The Battered Women's Justice Project promotes systemic change within community organizations and governmental agencies engaged in the civil and criminal justice response to domestic violence in order to hold these institutions accountable for the goals of safety and security for battered women and their children. 
• Children Against Court Appointed Child Abuse - CA3 is an organization founded by adult Children who suffered Court Appointed Child Abuse - CA3 will be the voice of every child who is a victim of Court Appointed Child Abuse (CA- CA!)  CA3 will find a way to hold the family court authorities accountable for their "Failure to Protect" children from abuse.  CA3 is determined that 'The CA-CA stops here!'
• (more to come)

MASSACHUSETTS

• Enough Abuse Campaign - The Enough Abuse Campaign is a grassroots movement is gaining momentum across Massachusetts that's providing adults and communities with the knowledge and skills they need to put an end to the silence.
• M.A.S.O. - Massachusetts Survivors Outreach - Providing advocacy, resources, and healing services for victims of abuse in Massachusetts. Our mission is to find unity among advocacy groups, advocacy for victims of abuse in the family courts, health advocacy and provide healing services for victims of abuse.  Find us on Facebook
• Massachusetts Law Reform - The Massachusetts Law Reform Institute is a statewide non-profit legal services organization whose mission is to advance economic, racial and social justice through legal action, education and advocacy.  MLRI specializes in large-scale legal initiatives and systemic reforms that address the root causes of poverty, remove barriers to opportunity, promote economic stability and create a path to self-sufficiency for low-income individuals and families.  For over 40 years, MLRI has been the backbone of the Massachusetts civil legal aid system and is considered one of the premier legal services advocacy and support centers in the country.
• Massachusetts Citizens for Children - Massachusetts Citizens for Children is the oldest state-based child advocacy organization in the country. Our mission is to improve the lives of the state's most vulnerable children through advocacy by concerned citizens. It was founded in 1959 by pediatrician Martha May Eliot, MD, who served as Chief of the U.S. Children’s Bureau and held influential positions in both the World Health Organization and the United Nations Children’s Fund (UNICEF). With active support from Governor Foster Furculo, they established MCC as a permanent, independent citizens’ voice for Massachusetts’ most vulnerable children.
• Protect Mass Children - Our mission is to protect children from sexual predators through education and legislation. We want to protect every child by creating awareness and giving children, parents, educators and law enforcement the tools necessary to defend themselves. By creating awareness and keeping those who harm children imprisoned we can protect children from the devastating effects of childhood sexual abuse. Protect Mass Children is a strong voice for victims, working to protect children from sexual predators. 
• MPMCJ - Massachusetts Protective Mothers for Custodial Justice
• NAMI Massachusetts - This is the official profile of The National Alliance on Mental Illness of Massachusetts (NAMI Mass) is a nonprofit grassroots advocacy, education and support organization. Founded in 1982 and obtaining 501(c) (3) status in 1999, the mission of NAMI Mass is to support individuals with mental illness and their families; advocate for nondiscriminatory and equitable federal, state and private-sector policies; and educate the public to eliminate the pervasive stigma surrounding mental illness.
• Lundy Bancroft - Lundy Bancroft is an author, workshop leader, and consultant on domestic abuse and child maltreatment.
• Women's Bar Association - Family Law Project for Battered Women -FLP has two primary missions - The first is to empower domestic violence victims by giving them a voice in their abuse prevention order and family law cases. As such, we seek to prevent further abuse, homelessness, loss of child custody, and to decrease repeated court hearings. The FLP's second mission is to engage lawyers in pro bono service and, thus, make them stakeholders on issues involving low-income domestic violence victims. The FLP meets both of its missions by referring clients to volunteer attorneys trained and mentored by the FLP on issues related to family law and domestic violence. 
• The R.O.S.E. Fund - The R.O.S.E. Fund (Regaining One's Self Esteem) is a New England non-profit, based outside of Boston, chartered to break the silence and the cycle of domestic violence (DV) and teen dating violence and abuse (TDVA).
• Jane Doe, Inc. - JDI is a coalition of 60 local member programs working together with our allies to find lasting solutions that promote the safety, liberty, and dignity for victims and survivors of sexual and domestic violence. We work for social change to help create a world free of violence and abuse.
• REACH Beyond Domestic Violence - The role REACH plays in our community is significantly different than when we began in 1981. Our mission has extended far beyond our successful hotline service, to become much more of a catalyst in creating strong, healthy families and communities by offering safe housing, shelter and vital services to women, men, children and families who have experienced domestic violence. 
• Employers Against Domestic Violence - Employers Against Domestic Violence (EADV) is a non-profit, membership organization uniting Massachusetts employers with experts in the fields of domestic and workplace violence prevention. Committed to proactively addressing the causes and effects of violence in the workplace, EADV identifies and recommends national and local best practices in the areas of public policy, prevention, intervention and training in order to help employers address the effects of violence on the workplace. EADV promotes more productive workplaces that remain intolerant of all forms of violence by supporting comprehensive and safe interventions for those affected by violence.
• Battered Women's Resources - The Official Website of the Executive Office of Public Safety and Security (EOPSS)
• MassLegalHelp - "Where Do We Go From Here?” is a self-help guide that answers legal questions about getting out of and staying out of domestic violence relationships. This guide is for victims and survivors of domestic violence, the service providers who help them, and other non-lawyers who have questions about these issues. 
• DOVE, Inc. - DOVE, Inc. (DOmestic Violence Ended) assists thousands of victims of domestic violence each year through our 24-hour hotlines, emergency shelter and community services. During the last three decades, DOVE has grown from a small emergency shelter to a comprehensive multi-service agency providing life-saving services by addressing the complex issues of domestic violence.
  

  DOVE works with individuals, families, and communities to help them recognize their strengths and achieve their goals. DOVE's services are designed to provide assistance and guidance in identifying safety issues and options, empower victims/survivors of abuse to make healthy choices about their own lives, and educate the community about domestic violence and ways to prevent it.
• Massachusetts Office for Victim Assistance - The Massachusetts Office for Victim Assistance (MOVA) was established in 1984 with the enactment of the Commonwealth's first Victim Bill of Rights. Its purpose is to advocate for and assist victims of crime. MOVA's activities are governed by the Victim and Witness Assistance Board, chaired by the Attorney General. 
• Protective Mothers Alliance International - PMA is working toward bringing about dramatic reform in family court for protective mothers and their children. PMA advocates for change through education, legislation reform, enforcement of current legislation, community and media outreach and other strategies that may be effective and beneficial. PMA supports the efforts of protective mothers in keeping themselves and their children safe from the abuse of a former partner, and in empowering these mothers to become advocates for themselves and others
• (more to come)

MASSACHUSETTS LEGAL RESOURCES

• Women's Bar Association - Family Law Project for Battered Women -FLP has two primary missions - The first is to empower domestic violence victims by giving them a voice in their abuse prevention order and family law cases. As such, we seek to prevent further abuse, homelessness, loss of child custody, and to decrease repeated court hearings. The FLP's second mission is to engage lawyers in pro bono service and, thus, make them stakeholders on issues involving low-income domestic violence victims. The FLP meets both of its missions by referring clients to volunteer attorneys trained and mentored by the FLP on issues related to family law and domestic violence. 
• Massachusetts Law Reform - The Massachusetts Law Reform Institute is a statewide non-profit legal services organization whose mission is to advance economic, racial and social justice through legal action, education and advocacy.  MLRI specializes in large-scale legal initiatives and systemic reforms that address the root causes of poverty, remove barriers to opportunity, promote economic stability and create a path to self-sufficiency for low-income individuals and families.  For over 40 years, MLRI has been the backbone of the Massachusetts civil legal aid system and is considered one of the premier legal services advocacy and support centers in the country.
• Massachusetts Law Library - Massachusetts Law About Domestic Violence - Massachusetts Laws - Massachusetts Regulations - Massachusetts Guidelines - Selected Case Law
• Massachusetts Law Library - Guidelines for Judicial Practice - Abuse Prevention Proceedings
• Mass Legal Help - The Domestic Violence section of MassLegalHelp has important information for victims and survivors of domestic violence about their rights concerning child support, housing, employment, immigration, making it on your own, criminal complaints, Chapter 209A Abuse Prevention Orders ("restraining orders"), custody and visitation, separation and divorce, paternity, the Department of Children and Families (DCF) that used to be called Department of Social Services (DSS), personal property, and doing a case in the Probate and Family Court.  Domestic Violence also has legal forms and samples, booklets, brochures, and pamphlets, and information and links to critical services and resources.
• The Battered Women's Legal Assistance Project - The Massachusetts Legislature established the Battered Women’s Legal Assistance Project in 1993 to provide free legal assistance to low-income battered women seeking long term security for themselves and their children. With funding from the state budget, BWLAP provides legal information, advice and representation to victims of domestic violence in complex family law, abuse prevention and other cases where domestic violence is a critical factor.  BWLAP represents victims who suffer from a wide range of abusive, violent, or intimidating behaviors.
• Massachusetts Division of The Department of Justice - The Public Corruption and Special Prosecutions Unit handles the investigation and prosecution of federal offenses involving public corruption, whether such offenses occur at the federal, state, or local level. The unit also handles all civil rights prosecutions, and other cases of particular sensitivity, as assigned on an individual basis. 
• The Department of Justice - Office on Violence Against Women - The mission of the Office on Violence Against Women (OVW), a component of the U.S. Department of Justice, is to provide federal leadership in developing the nation’s capacity to reduce violence against women and administer justice for and strengthen services to victims of domestic violence, dating violence, sexual assault, and stalking.

(more to come) 

MASSACHUSETTS CASE LAW

• Champagne vs. Champagne - 429 - Mass 324 - Suffolk County - March 4, 1999 - April 9, 1999 - General Laws c. 208, s. 18, empowers judges in the Probate and Family Court to issue permanent protective orders and to incorporate them into judgments of divorce nisi. [326-328] 
•  Rauseo vs. Rauseo - 50 Mass App.Ct. 911 - January 10, 2001 - 740 NE2d 1063 (2001) Court held that even the sending of flowers by defendant who was under abuse prevention order could be construed by wife as a hostile and threatening act in light of the existing order.

Please keep checking back as this blog will continue to change with resources. Please leave comments or suggestions below of viable resources for victims of abuse in Massachusetts.

Remember ...

TOGETHER WE ARE STRONG ... ALONE WE ARE WEAK!!!!

Let's work together to end abuse once and for all!!!!

13 Families Violated by ONE Massachusetts Family Court Judge and growing

Right now there have been 13 families that have come forward desperately seeking help and for justice.  In Massachusetts, the system is failing to protect mothers and children from abuse and corruption is widespread.

Why 13? Why not? There are many many more cases but I do not have their information. Some are too afraid. Some we don’t know. There is NO transparency in the Massachusetts family courts with certain judges granting custody to well documented abusers - judges who abuse discretion, abuse their power for personal agenda and for abusers to continue their domestic abuse by proxy and commit moral turpitude8. I am sure with an audit or investigation, you will find thousands of victims.

Why 13?  They are cases that came to us and fell in our lap. ALL share close similarities that reflect patterns of a systemic bias against victims of abuse. There are so many more cases in Massachusetts in general, but because there is NO transparency in family court, not to mention the repercussions to our own families we
have endured as a result of the little information we have gathered so far.

Here is a bullet outline of what is happening in Massachusetts to hopefully make it easier to understand.  Abusers have a canny way of muddying the waters so the average person, can't see what is in front of them:

• What do these cases share?
• About The judge
• Other Massachusetts Facts
• Why me? 
• How I got involved
• About me outside my case 
• Resources and More Information

What do these cases share?

1. Involve mothers losing custody to well documented domestic abusers1
2. Denied right to fair due process
3. Involve same family court judge
4. Threatened by judge in ways consistent with domestic violence by proxy, moral turiptude(8) & witness intimidation.
5. Involve court appointed supervisors paid cash under the table (2)
6. Involve restraining orders
7. Involve financial abuse, emotional abuse, and psychological abuse by a judge
8. Discriminated against by judge turning victimization into claiming “mental issues” w/o medical evidence.
9. Many mothers are professional, college educated, middle class
10. Involve the same DCF* office
11. Involve the same DCF* investigator/worker regarding sexual molestation and/or inappropriate touching
12. Bias admitted by Judge who recused himself after irreversible damage done.
13. Denied access to court tapes or tapes altered omitting key evidence - Do we not have a civil right to these tapes?
14. Involve sexual molestation or inappropriate touching
15. Involve court ordered audio taping of phone conversations between mother and children by abusive fathers. (3)
16. Involve devastating financial impact on mothers and children (4)
17. Denied rights for victims to be allowed witness testimonies, to produce evidence, court investigation into abuse allegations, deposition or a trial and some blackmailed into dropping restraining orders as written in one divorce agreement in return for abuser not taking entire pension fund
18. Involve court officials altering criminal court records
19. At least one has had assault and battery evidence disappear from police department - Police admit mistake and Chief resigns within 30 days of complaint to town. Irreparable damage done to victims
20. DCF has three domestic violence offices yet of all 13 cases, all 13 families were not
    offered any domestic violence services by DCF. NOT one.
21. At least one involves illegal wire tapping (5)
22. Victims of Contumacious conduct (16)  

About The Judge

1. James V. Menno
2. Associate Justice of the Plymouth Probate and Family Court since June 1995 and Brockton Family Court 
3. Key Note speaker for the father hood program for incarcerated fathers on how to gain visitation and custody (13)
4. Association to Father of Massachusetts Organization (13) 
5. Grants custody to abusers with a well documented history of abuse (1)
6. History of Recusing himself on DV cases after irreparable damage has been done
7. Currently rendering orders consistent with abusing his power as a judge by violating many state, federal, and civil rights laws not to mention possible international human rights laws.
8. Does not use qualified unbiased professionals (with training in domestic violence) to investigate abuse when determining custody.
9. Denies children access to medical care despite medical evidence of molestation
10. Allowed illegal wire tapping (5)
11. Refuses to rule in the courtroom so an unofficial audit of his rulings can be tallied.
12. Denies victims of abuse access to court tapes - direct violation of civil rights?
13. Admitted bias in cases involving domestic abuse
14. Punishing women claiming abuse by taking away custody, parental rights, sanctioning supervised visitations and harsh financial sanctions that render mothers too devastated to defend or fight back.
15. Using GAL’s to investigate domestic abuse who lack training
16. Mothers denied fair due process - some waiting 2+Yrs for hearings to be scheduled
17. 2006 speaker Six & Under: The Magic years w/ Divorcing & Never-Married Parents (9)
18. “Judge Menno has a special interest in child related matters and has been a frequent participant and lecturer in custody, visitation, and high conflict seminars sponsored by numerous family law organizations” including Massachusetts Chapter AFCC. 
19. Alimony in role with child support guidelines (10)
20. Court Orders render harm of the family structure and support as seen by denying grandparent’s rights (11)
21. Professor: Law and morality (14)
22. Allows unlawful visitation interference between mother and child (15)  (16)
23. Maliciously prosecutes mothers for leaving their abuser to protect her children
24. Questioning - judge’s abuse of power and discretion for personal gain and agenda.
25. Is Judge Menno funded by the Father's Rights Organizations? What has he done to aid in reducing domestic violence in the state of Massachusetts?

Other Massachusetts Facts: (look at consistencies and amount of corrupt
convicted officials)

1. 2004 Harvard study states "Massachusetts Family Courts are failing to protect Mothers and children from domestic abuse"
2. Nov 2010 - News article in Patriot Ledger - “FBI report says Massachusetts is most violent state in Northeast”
3. 1990 New England Law Review; New England School of Law; New England Law Review; Volume 24, Spring 1990; article begins on page 745; REPRINT: “Gender Bias Study of the Court System in Massachusetts”
4. Supervisors are paid cash under the table endorsed by the family court system and do not provide receipts for visits
5. Most supervisors are already employees of Commonwealth of Massachusetts and are “moonlighting”
6. Boston Phoenix Article exposes judge for bias in sexual molestation case. Mother sanctioned for talking to reporter and ultimately lost custody as result
7. 2011 Entire Parole Board forced to resign due to corruption
8. 2010 Head of Probation Department investigated for corruption and removed
9. 2010 Two City Councilmen convicted on corruption
10. Judge Livingstone removed from Family Court Bench in Brockton and Plymouth Courts for corruption in 2007-2008
11. DCF has three domestic violence offices yet of all 13 cases, all 13 families were not offered any domestic violence services by DCF. NOT one. Is the VAWA (6) funding these offices?
12. Judge Smith reported by two lawyers for corruption. Judge removed from bench but lawyers also lost their license to practice law in the State of Ma for reporting judge.
13. In 2007-2008 - Court Clerk charged with corruption - Not the first clerk - look at current cases!
14. Court documents altered by court officials violating civil rights to fair due process and malicious in intent to cause harm.
15. DCF’s protection of children is secondary to federal money (18) (20)
16. 2001 report - Over the ten-year period from 1987 to 1997, Massachusetts saw a 98% increase in the number of children reported for abuse or neglect - this in contrast to an increase of 54% nationally during the same period. (19)

Why Me? How I got involved
When I started this path, it was to heal from years of abuse, deceptions, betrayal and divorce and to be strong and protect my three little girls ages 2, 5, and 8 at the time. The very system I had faith and trust in to protect me and my girls failed us greatly which has had devastating and possibly irreversible damage on us ever since.

My ex-husband short of begging pleaded with me to lift the restraining order because it was preventing him from paying child support. What I did not realize, it was part of his strategy to continue his abuse, manipulations and seek revenge and continued control. As my affidavit supports, I strictly lifted the restraining order not because I was no longer in fear but clearly because I was concerned about the children having a roof over their head and food on the table - hence, financial.

A few months later, my ex marched into court gaining full custody of my children on an ex-parte motion - meaning I was not afforded the opportunity to appear and speak on my behalf. I was completely devastated and now realize my actions then were as a result of battered women’s syndrome as I was in the process of having my children evaluated for possible inappropriate touching and seeking changes in his visitation due to continued abuses when all this occurred. I disclosed my concerns to DCF who told my ex my plans.
It shall also be noted that he did this the very month I opened a health and wellness business. What perfect timing. See website: Married Malicia Men on how to “ex-parte the bitch” on the front page.

By him gaining custody making all kinds of FALSE accusations (as many do), my children were never evaluated and despite specific request to DCF*. My ex admitted showering my oldest daughter who was then 10 despite her humiliation and my youngest with frequent UTI (7) with a doctor’s notation in the records questioning inappropriate touching.

I was denied any and all access to my children for unsubstantiated claims such as: I don’t feed my children lunch (they got FREE school lunches) and bathe my children only (3) days a week and as a result they are “filthy” dirty (I had the children in my possession (4) days a week and was also advised medically to not bathe so much due to chronic eczema). The school and the advising physician were NEVER contacted to verify any of his claims, and all my parental rights terminated. I was not even allowed to go to the children’s school and volunteer as I also did or take part in school functions as I always did. What horrific crime did I commit I wanted to know? Is this punishment for leaving a man who abused me and my children? My oldest was cutting herself at the age of eight and had difficult times with managing the abuses by her father at the time with threats to have her arrested by the police and she would never see her parents or sisters again ever and he gets full legal and physical custody?

Shortly after my ex gained custody, I was approached by a mother one day in court asking me about my case and told me about hers and others in front of the same judge. This is the same judge who told me I was not allowed to file restraining orders despite a well  documented domestic abuse history. He also refused to see the 10+ police reports and medical records. To this date, I have been denied complete access to court audio tapes to validate my statements that were requested in January 2009.

We began seeing patterns of injustice in domestic violence related custody and divorce cases with this judge. When I began to investigate on how something like this could happen, I noticed this judge was the key note speaker of the fatherhood program for incarcerated fathers in Plymouth County jail on how to gain custody and visitation of their children. It was also noted while in court waiting to be heard, the number of restraining orders being denied was astounding, and sometimes noted 99% denial rate. This other mother and I were trying to figure out how we get our children home and fix the injustices that have transpired.

Next thing we know, we are being contacted by other moms with similar stories. One was a client of mine through my work teaching meditation and doing energy work. Another contacted me through myspace who went to school with my brother. Another at a Health expo where I was an exhibitor. The more we spoke to other mothers who have been penalized for trying to protect their families, the more my friend and I were
sanctioned by this judge. My friend ultimately lost custody of her children as a result, and I still still have no rights to mine. Judge Menno did recuse himself in December 2010 admitting bias in my case, and my friend was told in court in January 2011 he was going to recuse himself in her case as well, but never did.

About me outside my case
My name is Sarah Smith (identity protected). I have always excelled in school, sports and life in whatever I set my mind to. I graduated with honors magnum cum laude from in college.

Due to the abuse and how it started on the very day I said “I do”, I increasing lost myself to a man who was jealous of my career and requests for speaking engagements.

I started a health and wellness business in Sept 2007, the very same month my ex decided to get custody. After I left with my children and began my healing path, I began to learn more about “the system”, how to get my children returned, a began a new journey into wellness. I took the advice of one of my mentors to learn and heal as much as I could especially in ways I would not have been afforded if I still had custody. I took many classes in the medical field and holistic field gaining certifications such as certified medical assistant (including EKG and phlebotomy), reiki, and yuen energetics. I began to donate time helping others heal from abuse while in turn helped me heal. I do pro bono healing work, coaching, and classes for victims of abuse. Work includes reiki, meditation, and stress reduction as well and has carried over to helping soldiers returning from the war suffering from PTSD. I have dedicated my life before and after my experiences with abuse to helping and healing others.

I have been recognized by my peers and received numerous recognitions for my efforts serving the health and wellness communities and for my advocacy and healing work in the domestic violence community. I have volunteered for many non-profit organizations and have been on the board of directors for some.



Resources and More Information
* DCF - Massachusetts Department of Children and Families formally known as Department of Social Services

1. A documented abuser consists of having documentation of abuse through at least one of the following: restraining orders, medical records, police records, CORI, criminal records, DCF* records, therapy records, court records.

2. Court appointed supervisors are court endorsed paid cash under the table. Supervised visitation are for those with criminal records, substance abuse, or domestic abuse, but our judges are using them to punish mothers and children emotionally, psychologically, and financially for personal agendas and endorsing possible unreported income.

3. Court ordered tape recording is a violation of the mother’s and children’s constitutional rights to free speech, and unlawful as it is a form of domestic violence by proxy and gas lighting endorsed by the Commonwealth of Massachusetts. Taping of phone calls is a form of abuse sanctioned by the State of Massachusetts rewarding batterers for their continued abuse.

4. Financial impact to mothers is forcing many into bankruptcy or public assistance. Hence, putting additional strains on a system struggling as a result of the economy. Increase burdens on public health care system, public housing, food stamps, and the likelihood of lifelong irreparable mental health and physical health issues as a direct result of the abuse of a judge endorsing domestic violence against mothers. The abuses of the family courts are having a systemic economic burden by draining state and federal resources.

5.  Illegal wire tapping produced by abuser and allowed into court as evidence violation of the federal law. Judge denied access to court tapes for victim that validated criminal activity in the court room. Illegal tapes allowed to be admissible as evidence and subsequently, victim unable to get police or DA to investigate after a request was made to judge to make an order that will prohibit victim from filing any criminal charges against his client. Victim taunted, sanctioned and denied access to court tape for proof and prosecution.

6 VAWA - Violence Against Women’s Act, See Department of Justice

7 UTI - Urinary Tract Infection - Untreated for at least 2 weeks on at least three occasions within the first 3 months of custody by father. No previous incidents of uti prior to change of custody. Medical evidence suggests potential long term damage of untreated UTI and UTI can be a symptom of inappropriate touching. Father states he wipes his 4yo daughter when she went to bathroom who had been potty trained for at least 2 yrs. Doctor questioning inappropriate touching in the medical records, but never did any exam of my daughter nor reported concerns to DCF as a mandated reporter. State law of Massachusetts says physicians can be charged criminally for failing to report as a mandated reporter.

8. Moral Turpitude : Turpitude means a corrupt or depraved or degenerate act or practice. Moral turpitude refers to "conduct that is considered contrary to community standards of justice, honesty or good morals." . The concept of moral turpitude escapes precise definition but has been described as an "act of baseness, vileness or depravity in the private and social duties which a man owes to his fellowmen, or to society in general, contrary to the accepted and customary rule of right and duty between man and man.  "The following crimes are always considered crimes of moral turpitude:  domestic violence; fraud and crimes where fraud is an element; all theft offenses (but see receipt of stolen property below); blackmail; bribery; perjury.

9.  A View From the Bench:  “Although some believe that the family courts are gender biased against fathers, Judge Menno disagrees. From his experience as a family court judge and his view from the bench, fathers are treated fairly in court determinations pertaining to access to their children. In making these determinations, courts must take into consideration the reality of divorce and out-of-wedlock arrangements. This article describes how Judge Menno's county family court operates, and he further subgroups various types of fathers, describing how each fares in the family court when trying to gain access to their children”

10.  MCLE; The State of Alimony in Massachusetts and its interplay with the New Child Support Guidelines; Alimony Trends & Theories; Conference for Lawyers; Faculty; February 2009

11.  Mass Bar Association; Section Review (see entire article for more info);By:  Fern L. Frolin The Future of Grandparent Visitation in the State of Massachusetts; February 2002
“In Ballarino, another judge of the same trial court, Judge James Menno, declined to reconsider in light of Troxel his recent order compelling grandparent visitation. On March 22, 2002 the Supreme Judicial Court affirmed Judge Menno's discretion to deny the post trial motion for reconsideration on the ground that the constitutional issues were waived when not raised at trial. (SJC - 08639, Slip Opinion)”
“The invitation for amicus curiae briefs in Blixt and Ballarino drew considerable interest from advocacy groups for various constituencies. Including the MBA, seven organizations filed amicus curiae briefs. The Massachusetts chapter of the American Academy of Matrimonial Lawyers and the Coalition for Parents' Rights agree with the MBA's view that any state interference with a fundamental right warrants strict scrutiny. However, the Academy and the Coalition for Parents' Rights disagree with the MBA's analysis that the statute can be constitutionally applied through a limiting construction”

12.  Shared Parenting Brochure; 

13. Fathers of Massachusetts Organization;  Mission: “We believe that every child needs a dad they can count on. Children thrive when they have an involved father someone who loves them, knows them, guides them and helps them achieve their destiny. Fathers of Massachusetts protect the child's right to the love and care of both parents. We seek shared parenting for the children of divorced and never-married parents with equal rights and responsibilities for fathers and mothers. Fathers of Massachusetts fight for social change for fathers and restoring constitutional protections for fundamental rights in family law.”  1. False Restraining Orders 2. Domestic Violence Myths 3. Child Support  4. Abuse of Children

14.  October 2008 - Boston College Course Syllabus; Natural Law; Aquinas; and Bias in the Judicial System; R.V.S. (1997) p. 282-290;  Lavalee v. The Queen p. 290-304; Goodridge v. Dept. of Public Health (handout)

15.  Unlawful Visitation Interference:  "A parent who detains or conceals a child in effort to thwart court-ordered visitation may be punished by the family law court judge or prosecuted by state's attorney in a criminal hearing."  Attempts to prevent visits.  “Poisoning" the child with negative talk about mother.  Prevention of communication between mother and children. Letters, phone calls, and gifts can be kept from child.  Visitations made difficult.  Remedies ~ increased visitation, fines, possible jail time, and removal of children from the home to other parent thwarted by biased judge.

16. Contumacious conduct: "Conduct which is calculated to embarrass, hinder, or obstruct a court in its administration of justice or lessoning the authority and dignity of the court"

17.  Marital Tort:  Deliberate interference by abuser. If ruins relationship with child, can sue in civil court for a tort claim.  Tort Claims discouraged and thwarted by judge

18.  DSS ‘Follows The Money;’ Makes An Extra $90 Million Per Year What’s ‘Best For The Child’ Is Secondary To ‘More Federal Money’;  Massachusetts News; By Edward G. Oliver.  “It is a short leap from creatively squeezing federal dollars from active cases to directly targeting children for removal from the home based on certain demographics and categories – especially if consultants are paid on a contingency basis ….The big question that arises out of the quest to maximize federal dollars is, are financial consultants hired to advise and train DSS workers in determining who gets taken out of the home? …."Specifically, the researchers found that the highest predictor of removal was not the extent of a given physical injury, but rather whether or not the family was Medicaid-eligible. In a follow-up study of 805 children, researchers found that the degree of physical injury to a child only became statistically significant in the reporting of child abuse when the family’s income was excluded from the analysis." … Thoma provides numerous examples of creative, some call fraudulent techniques, which consulting firms perform for state Agencies….Approximately 10,000 children per year are taken from families in Massachusetts and placed into foster care, according to DSS spokesman David Van Dam….”

19.  2001 Call to Action: Working to End Child Abuse and Neglect in Massachusetts; Massachusetts Citizens for Children;  www.masskids.org; Statistics released to MCC for 1999 confirm a persistent and ever worsening problem of child abuse, even while the state's violent crime rate decreased 21 percent from 1993 to 1998.  In Massachusetts, substantiated child neglect comprises the largest number of cases at 68 percent. Physical abuse cases make up 24 percent; while sexual abuse comprises 6 percent and emotional maltreatment includes 2 percent of cases.
The impact of abuse and neglect on children is enormous. Brain research confirms that connections in the brain used repeatedly during the early years of a child's life become the life-long foundation of the brain's
organization and function. By three years old, a child's brain has reached approximately 90 percent of its full potential.

20  Massachusetts News;. DSS Social Workers Must Be Accountable; Legislature Told: DSS Covers Up Its Own Child Abuse; By Ed Oliver; March 6, 2002