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Author Topic: Info the GAL is asking for?  (Read 681 times)
Nope
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« on: March 08, 2014, 10:09:33 AM »

The GAL sent us some paperwork she wants filled out as well as a release she wants signed. All pretty standard stuff. One of the sheets asks stuff like is there a criminal history for either party. If yes, then state what that is.

So is that a good place to bring up the BPD mom was arrested twice for domestic violence against DF even though he didn't press charges? What about the criminal complaints made against her for keying cars in the parking lot of her old apartment building and other acts we know about but were not in any way involved in? I just don't know how much is giving appropriate information and how much just looks petty. Thoughts?
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bravhart1
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« Reply #1 on: March 08, 2014, 07:14:29 PM »

I think listing any event that had police involvement would be appropriate. I would make it very simple though, like Jan.1, 2001 Police Report filed for vandalism.

Then if the GAL has further questions they can ask you to clarify. But yes I believe you should list any and all "documented" behaviors/events even if they don't have anything to do with the case or you. They are looking for behavior patterns.

Also they other party may "leave stuff out" and that would be telling as well.
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Matt
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« Reply #2 on: March 09, 2014, 08:10:34 PM »

Yeah, I agree with Bravhart1 - include anything that you know for sure, but nothing that you have heard about but don't know for sure.  Keep it simple and truthful - say, "She did X" not "Then she went totally crazy and did this huge amazing X!".

If you heard about it from somebody, say, "We were told by Mr. X, our neighbor, that he saw her do such-and-such."  Not "She did such-and-such."  You don't really know the truth, if you didn't see it first-hand, so just write what you know - that someone else said such did something.

You might want to check online - where I live any criminal charges, even if they were dropped, are available online.  You could print them out and say, "Here is the record we found online." along with your own personal knowledge of what happened.

It may also be possible to get a police report, if you were involved.  For example, when my wife assaulted me, I was able to get the police report for $5 - it took a couple weeks to get.  Some stuff was blacked out, like the kids' names, but everything important was right there.
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ForeverDad
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« Reply #3 on: March 10, 2014, 01:00:53 AM »

If she told it to you, then include it.  If someone else told you, whether her, her parents or siblings or friends, then weigh it for applicability and it might be wise to give an indication of the source if you don't know it as a fact.

I may differ a little from the others.  I would err on the side of caution and include information.  Let the GAL sift through it.  This isn't 'testimony', it's fact and background gathering.  Of course, leave out the subjective or emotional judgments and frustrations.

Lawyers usually know how to get criminal and civil record searches.  Or a PI.  You could do it less expensively yourself but you may not do as complete a search.  If she lived or worked or schooled in other areas, check those areas too.
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Nope
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« Reply #4 on: March 10, 2014, 03:20:53 AM »

The two DV assaults against DF are the only things he knows first hand. But there are other things we found online. I just worry that the GAL will think we are picking on BPD mom like we don't have a right to go digging up her business.

How about the county report we sent away for that shows the police answered a neighbor complaint because she and her then boyfriend were apparently screaming at each other over "matters of infidelity"? Nobody was cited or arrested but it is very likely the kids were in the house.
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bravhart1
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« Reply #5 on: March 11, 2014, 12:41:10 AM »

If there is a report number write the number and the date. Let GAL investigate the rest.
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lexi2020

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« Reply #6 on: March 11, 2014, 01:17:53 PM »

We gave the GAL all information with police reports filed as well as copies of the reports themselves.
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ForeverDad
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« Reply #7 on: March 11, 2014, 02:22:18 PM »

We gave the GAL all information with police reports filed as well as copies of the reports themselves.

Providing the reports avoids the risk that the GAL may not bother to request the reports or if the agencies don't respond promptly.  You still run the risk that the GAL still may gloss over them, but you've done what you reasonably could.  Providing the requested information as requested shouldn't get you into trouble.
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Nope
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« Reply #8 on: March 12, 2014, 03:47:10 AM »

We were told by our L that we can let the GAL know we have evidence but not to try to give her evidence she doesn't ask for. Besides this paperwork I wrote her a 30 page "Summary" with footnotes describing the supporting evidence.

DF is very concerned about how mother-centric GALs tend to be. But I told him that this GAL is an area lawyer herself and probably wont want to look like an idiot in front of the judge.

Maybe she can ignore the arrests and citations if she wants to but it is such a small supporting part of our case.

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