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video proof of abuse

Started by ralo, Apr 20, 2009, 05:44:55 PM

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ralo

I am preparing for a custody hearing for my daughters and Iam trying to build my case of proving my ex unfit but dont know if I have enough proof and if what I have is valid so Iam open to all opinions and advice.
Basicly she does nothing a mother is supposed to do and one of my best peices of evedence if a video recording where you can hear her beating a two year old she was being paid to watch in her at home daycare she did when we were still together a year ago and then you can see video and audio of them as they come back into veiw as he is screaming and crying while she is still cusing at him telling him to get his ass in the corner for breaking shit and roughly slides him with her foot all the way in the corner where she tells him to stay the rest of the day,and you can see him there for well over a hour till the tape comes to the end.
I figured it would be good cause it shows not only her behavor but how she treats kids that are not even her own.
Then the second part of the story that makes me feel like I have a good chance is the fact that she documented in the order of complaint for the  seperation that I installed a surveillance camera in the house and that after she removed it I retaliated by removing the computer and threatning to tell her clients she mistreated the kids.
BIG mistake on her part ,some how she figured out there was footage  on the computer of her actions so she erased all the files and found and destroyed the camera, problem for her is the camera transmitted wireless to a seperate reciever that was not attached to the computer,so I still have the last remaing films and can justify all my actions and dismiss her claims of my false reports.
Reading my whole seperation order I really look like the bad guy till you get to this one big mistake she made and then she looks like the boy that cried wolf.
NOW will this be the big thing that helps my case on top of the other documents of medical and police reports?Does it matter that it was not my kids she was caught on tape with and does it matter that its a year old.I also have one strike against me I hit her in a argument last year and I am on unsupervised probation till next year and recently completed a domestic violence class.This is in the great common wealth of va by the way

ocean

Does she have a lawyer? You have to get the video into evidence. You have to prove that you did not alter it. If she has a lawyer it might be hard to get it it...

tigger

Hmm. I may be coming at this from a different angle but did you report her for abuse?  Did you notify the parents that their children weren't safe with her?  Some others with experience in this may be able to give better advice or correct my thinking but it may be turned around that you are no better than she because you saw children in danger and did nothing.  I'm not sure how all that works.  I do hope you are able to get your children of there and in a safe environment and that they close down her daycare as well.  But again, no clue how all that works.
The wonderful thing about tiggers is I'm the only one!

MomofTwo

I agree with Tigger in that a savvy lawyer could easily turn this into a negative for you as well.

Additionally, you would have to be able to authenticate the tape to have it admitted into evidence.


Gestalt

Quote from: MomofTwo on Apr 21, 2009, 05:24:35 AM
I agree with Tigger in that a savvy lawyer could easily turn this into a negative for you as well.

Additionally, you would have to be able to authenticate the tape to have it admitted into evidence.



I just want to pop in on this- I agree that OP should be prepared to authentic any evidence, but it has been my experience (me being pro se, ex having an attorney) that I have not been asked to authentic anything, if the other side doesn't argue the evidence, it's admitted into the record

Davy

I agree with Tigger and you should consider that your own chidren may be at risk of losing their parents.  Their mother for an assault on a child (especially in a home care situation) and your knowing and allowance of a criminal act against a child in hope of gaining in a civil matter.  Seems to me any run of the mll attorney would have the skills to easily prosecute a case with these circumstances.  Mattters could easily become more intense if and when a parent or parents learns of the abuse.  You should count your lucky stars if these matters can be brought forth without your direct involvement.

The main focus at this point is to put a stop the likelihood of abuse to any child.

ralo

I called cps last year when it happened and even spoke to the parent and poilce they all did nothing.Cps never got back to me and the cops told me even if they saw the tape there was nothing they could do and that I needed to contact cps,I called the parent to let him know and he had the nerve to tell me he was busy on a date with his wife and that he did not believe it because his kids got along fine with mine ,I offered to show him the tape but he never got back to me ,in my opinon he is just a blind dumb ass that is only concerend with having a cheap baby sitter , interestingly enough I heard he has problems with his marrage now too.
About a month and a half ago I explaind some things to my DV class instructers about what she was recently doing leaving kids home alone and I told them I was not calling cps cause they were worthless to me last time.They said they would call for me,I explained to them that if nothing gets done about it and that if she found out she would do things to spite me like more child support and what ever else she could do, so either help me or leave it the hell alone .
Well here it is a month and a half later I get a text frome her"I have been given permission to press charges on you for false reports and I will be getting my money through DSS keep playing".I text her back telling her whatever and that I have a case against her and to go ahead and press charges so I can get her locked up for that too.Well after that I didnt get any response and I havnt seen a cop or any paper work yet.
I figure she just made things a little eaiser by doing exactly what she did because I told the instructors and counslers what she was going to do ahead of time and she did it ,so I can proof she is being spitefull and using the system .I am saving the text messages along with my other documents