Translate

Sunday, January 6, 2013

APPEAL: THE CONCLUSIONS - MINE, HIS, AND MINE AGAIN

Excerpted from my Initial Brief, his Answer Brief, and my Reply Brief, these are the Conclusions.  I've grouped them all together rather than creating three separate pages.  

MY CONCLUSION (from my Initial Brief)

For all of the above-mentioned reasons, Appellant contends that the trial court’s June 18, 2012 Final Judgment should be reversed and remanded for further proceedings, and assigned to a different judge who understands domestic violence and its ramifications.

However, Wife’s primary interest lies in maintain her physical safety. Her greatest desire is to be able to live her life in peace, free from further abuse by her now ex-husband. The Final Judgment provides Husband the legal right to track her down, locate her, and collect upon the Judgment, garnishing her wages and bank accounts, as his counsel threatens. If Husband were to discover the name and address of Wife’s employer and her current home address, Wife’s greatest fear is that Husband may murder her. Therefore, Appellant merely requests relief as to the attorney’s fees and the equitable distribution equalizing sum and that the judgment concerning these amounts be overturned as soon as possible.

HIS CONCLUSION (from his Answer Brief)

The Husband respectfully submits that this Court should affirm the trial Court’s Order and Final Judgment. In so far as the Appellant has requested that the case be “assigned to a different judge who understands domestic violence and its ramifications,” appellee would strenuously object as there is nothing in the record to indicate the presiding judge does not understand domestic violence or its ramifications, nor is this relevant in this particular case.

MY REPLY BRIEF CONCLUSION (from my Reply Brief)

Wife seeks only to be free of her abusive Husband. Although Husband was awarded all the marital assets (house, vehicles, business), Wife cannot afford to retain counsel and therefore, a remand to the trial court would leave her in the same position as before: pro se. Wife respectfully requests that this court reverse the judgment as it pertains to attorney’s fees and the equalizing sum. Such a reversal would allow Wife to live in peace without the threat of her (now Ex) Husband tracking her down allegedly to collect on the judgment, but more than likely, to abuse her further, and perhaps even to murder her.



My commentary on the above:

I think it should be interesting to anyone reading that all I'm asking for is to have the monetary judgment against me overturned.  I'm entitled to my share of the marital assets, at least (and more, since I bought them all).  I really should be entitled to some kind of alimony (bridge the gap or rehabilitative).  But I'm not asking for any of that.  The only thing I want is to be free of this man and the terror he has brought to my life.  Everything else is only money and stuff.  He'd never give it back anyway.  I've made a new life, against all odds, and I'd just like the freedom to live it.  I don't have much, but I'm not being abused anymore and I like it.  I'll never stop looking over my shoulder and even if I win this appeal, it may not stop him coming after me in some other way.  But, at least, if the monetary judgement is overturned, he won't have a legal way to track me down and find me.  

The shocking part of all of this is that this man -- a convicted felon who served time in the federal penitentiary for defrauding investors, a man who filed for bankruptcy in 2004, a man who's now been divorced either 3 or 4 times, basically, a complete loser who came to the marriage with nothing -- walked away with a beautiful house in Florida, a profitable business, a valuable Corvette and two other vehicles, ALL of which were bought by me.  A large chunk of his legal fees were withdrawn from my account, and he charged several months of business expenses to my account, while profiting from all the income during that period.  He lived rent-free with a mistress.  Talk about a free ride!  One would think he would have said "enough" and walked away with all the marital assets without going for more once he had my pleadings stricken.  Wasn't that enough, after all?  But an abusive man is NOT even remotely reasonable.  I have no money and he knows that.  He took everything I ever had.  Being awarded this judgment and pursuing me to collect on it will not be profitable for him.  It will probably cost him more in legal fees than he would EVER collect.

There's only one reason he wants to pursue this judgment, and it's to find me and harm/harass me further, and probably kill me.  And that's what abusers do.