In my last post, I explained what happened on Saturday, September 3, 2016 concerning the knives being displayed in the kitchen. It is important to note that that was Labor Day Weekend. I knew I was going to file a DV-TRO on the next business day, along with my second petition for a Legal Separation. ( I had filed my first petition for Legal Separation on October 17, 2013, just a few months after his first felony arrest for DV.)
So the following Tuesday morning, I filed the DV-TRO ( CLICK ON DV PACKET SEPTEMBER ABOVE.) I was nervous and scared that day. I now know I didn’t fill out enough information. I had no funds for an attorney. I was frozen out.
The way it works is this….If you file your DV-TRO paperwork before 10:30 a.m., you can return to the courthouse that same afternoon after 1:30 to pick up a DV Temporary ORDER. Then, you walk it down to the Sheriff’s office to have it SERVED on the other party. Well, I had showed up after 10:30 a.m. Therefore, I was instructed to go back the following afternoon to pick up the DV-TRO.
September 2, 2016 DVTRO (CLICK HERE) to review his DV-TRO application and ORDER against me.
When I returned the following day , September 7, 2016, to pick up the Domestic Violence Temporary Restraining Order against him, I learned the he had filed a DV-TRO against me, chalk full of lies to spin everything around onto me. I was further shocked to see that he signed for the DV-TRO against me on September 1, 2016. That was the same day I had audio-recorded him at the house. (Refer to my audio-recording of September 1, 2016 on the sidebar. ) That is the audio of him sneaking back into the home and acting like I was attempting to hurt him. Interesting, his DV-TRO was approved on September 2nd. He text me on that same day instructing me to pick up HIS children from private school! Yet, in his application, he requested I not be around his children.
HE UPENDED DOMESTIC VIOLENCE LAW TO SCAM AN ADVANTAGE IN THE DIVORCE. HE WAS ALSO AWARE THAT HE HAD OBTAINED A DV-TRO ON ME BY SEPTEMBER 2, 2016. HE KNEW I HAD NO WAY OF KNOWING WHEN I SHOWED UP TO THE RESIDENCE ON SEPTEMBER 3, 2016 ( PER MY LAST POST ABOUT HIM DISPLAYING THE KNIVES.) Why did I not know? Because he never mentioned it.
I then left the courthouse with my Temporary Domestic Violence Restraining Order against him. However, the order read that he had made it to the courthouse first, and therefore I WAS THE ONE WHO RECEIVED THE KICK-OUT ORDER! He obtained it by lying to the Court. He made it “appear” that the “medical practice” paid for the home, and that he was officing there. He also made it appear that he had court-ordered full custody of his kids. Regardless, he and Rambo attorney, Trevor G. Jackson had a diabolical strategy from the get go. He retained a 20,000 attorney. I had no attorney. See how this works? So, I returned to the hotel.
CLICK on the link above to view the DV-TRO he filed against me. Make sure to view page 4 of 6, line 16. He refers to the August 27, 28th when the Police showed up to our home. He LIES and states we got into a SHOUTING MATCH. Cross-reference it with the audio recording in the sidebar entitled August 28, 2016. He was framing me up.
AN UNFILED DECLARATION I WROTE IN RESPONSE TO HIS ALLEGATION ABOVE
Declaration of Melissanne Velyvis NEVER FILED IN 2016
September 20, 2016 Transcript
FIRST APPEARANCE (CLICK LINK ABOVE)
” Well, you have a lot of silver coins. You have silver coins.”
_ The Hon. Beverly Wood
MS. VELYVIS: I don’t have any money.
THE COURT: Well, you have a lot of silver coins. You have silver coins.
MS. VELYVIS: It’s not for me to sell. That’s to be determined in the divorce court, what is
separate and what is not. And I have half of the silver and so does he. He’s liquidating things and that’s why I needed to make sure he stopped hiding all the money we have.
But I need money to be able to even live and survive.
First Appearance September 20, 2016
I showed up to court with a DV Advocate from the Center for Domestic Peace. I had no funds for an attorney. As I walked into the courtroom WITH A WALKER, and wearing a Boston Brace for vertebral fractures, torn shoulder and elbow…..Rambo attorney Trevor G. Jackson literally tossed a large manilla packet onto my walker. He considered me Personally served! However, I had already picked up papers at the Sheriff’s office.
The Hon. Beverly Wood exhibited a wry sense of humor throughout. She belittled me, and showed an immediate favortism toward my husband and his counsel.
Judge Wood Was Simultaneously Presiding Over Dr. Velyvis and His First Ex-Wife’s Family Law Matter/ She Was Duly Aware that CPS Had Had Pointed Allegations Against Him, Yet She Chose to “youst” the Step-mother From the Residence
There are California Rules of Court (CRC). I did not meet the criteria to have been thrown out of our marital home based on A. The fact that husband filed a DV-TRO first. B. The fact that my step-children had custodial time at our residence. What if I had been their biological mother? Would I have been thrown out of the home by Judge Wood?
So apparently, if you are a stepmother and your husband physically abuses you, it is YOU who will be restrained from your marital home IF your husband has children from another relationship residing in the home even part time.
The Hon. Beverly Wood has set precedence for all STEP-MOTHERS IN MARIN COUNTY.
Upon leaving the courtroom, the DV Advocate told me she felt I got a raw deal from the judge, and that she was out of line. I had a right to access our community property funds, independent of Spousal Support being figured out at a later date. Dr. John Velyvis had no legal right to exercise 100 percent control over community funds. Judge Wood knew this.
Their mission was accomplished! Attorney Cora Lancelle was not willing to represent me without a 20,000 retainer. They wanted me to start out with a severe disadvantage. They played dirty from the get go.