ALERT! ALERT! ALERT! Looking for anyone whos had an open CPS case in Napa County: I knew I would eventually find one of the loopholes CPS uses to force parents into having an open case with them. There may be more, but this is the one that is used the most here in Napa County. Message me at: marwird@hotmail ******************************************* PRIMA FACIE EVIDENCE: Latin for at first sight. Prima facie may be used as an adjective meaning sufficient to establish a fact or raise a presumption unless disproved or rebutted; e.g., prima facie evidence. It may also be used as an adverb meaning on first appearance but subject to further evidence or information; e.g., the agreement is prima facie valid. A prima facie case is the establishment of a legally required rebuttable presumption. It is generally understood as a flexible evidentiary standard that measures the effect of evidence as meeting, or tending to meet, the proponents burden of proof on a given issue. In that sense, a prima facie case is a cause of action or defense that is sufficiently established by a partys evidence to justify a verdict in his or her favor, provided such evidence is not rebutted by the other party. A prima facie case is a cause of action or defense that is sufficiently established by a partys evidence to justify a verdict in his or her favor, This is the type of evidence in the petition sent to the Judge to get a temporary custody order. Now the rest of that sentence is what is important to know: provided such evidence is not rebutted by the other party. ******************************************* This is important to know cause this is what your 1st hearing in front of the judge is about. Disputing the PRIMA FACIE evidence against you from CPS. You being the other party. In that 1st hearing you are entitled to cross examine your accuser. I didnt know about this until 6 months later when I printed out 130 pages of the family code and read through them. Demand that you be heard in court cause in the 2nd hearing is too late to dispute the allegations against you. The 1st hearing is done and over with and because you didnt dispute the allegations against you, it is now established by a partys evidence to justify a verdict in his or her favor. By not properly serving you the petition 24 hours in advance before the hearing, your right to due process was violated. By not explaining that 1st hearing to you, your right to due process was violated. By not advising you as their client your right to appeal the decision, your right to due process was violated. I appealed my case at the termination hearing and my attorney had to represent me through the appeal as well. I was told by my attorney that I was the 2nd person in Napa County to have my family services extended. Make sure your attorney understands that you want them to make it clear to the court that you want to take this matter to a trail cause you are not guilty. If they dont make the court aware of your request, make it known to the court yourself. I would do this when the Judge asks you if you have anything else to add or if you have any question. If the judge doesnt ask these questions, when they go to dismiss the court, as you raise your hand say, Excuse me your honor, can I ask a question? More than likely they will. If they tell you to address your attorney with the question, You reply, I have your honor, however she didnt address my concerns with the court today. More than likely they will let you have your say and if not Thank the court anyways and then handle it later. Dont plea bargain with them. Never say youre guilty if you not guilty. It doesnt matter if they lower the charges down to a misdemeanor with time served. If you didnt do anything wrong, you should take it to trial. If your attorney tries to talk you out of it, refuse to, they have to defend you how you want to be defended, its the law. If this process was not explained to you or you were told that this hearing was a nothing hearing, that it was the next hearing you needed to worry about or you werent made aware of what PRIMA FACIE EVIDENCE meant to you and your case or your attorney requested to be dismissed from your case during the last court hearing and it was granted. Please message me with the subject line of CPS to marwird@hotmail and share this info with anyone else that you know is going through court with CPS or someone who knows someone going through this. Its time to stop the injustice to the families that this has destroyed. Its time to send a message that we are not going to let CPS make profit off the bond between a parent and their child. Take back your power and dont let them get away with this. Dont give up!
Posted on: Sat, 08 Mar 2014 03:50:14 +0000
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