Green light for clear fraudulent orders?

!9# Green light for clear fraudulent orders?

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Green light to erase? Can records fraudulently obtained restraining orders 209 are finally paid off in Massachusetts?

Order records of 209 live long and unforgiving. Even an ex parte order lasts only 10 days and not to renew a record that haunt the defendant, if ever there's another 209 or deposit in the proceedings against him, just to name a few. Two recent decisions of the courts of Massachusetts can certainly paved the way to delete somethese records. These cases and their implications are discussed below.

In March 2006, the Massachusetts Court of Appeals decided a case in the last four years, the design, and light prevails on an issue that has dragged on over the heads of the defendant wrongfully accused 209A for a long time: I have the inherent power district judge in a 209A order from the cancellation of the national domestic violence registry, if the order was obtained by fraud on the court.In short, perhaps surprising, but very welcome: yes. The case was the Probation Commissioner v. Adams, 65 Mass. App Ct. 725 (2006).

The case began when some (for comparison, Jones and Adams Court called pseudonyms are used) will receive 209 orders to stop the mortgage against each other, which were subsequently extended for one year. During this period, was calculated according to Jones with 209 violations of order and criminal harassment in two different fields, Adamsfiled a motion in order to free up 209 against them and delete all records of 'order. Here's the typical game of ping-pong court. The judge granted the motion after finding 19 statements from Jones to admit to being wrong, but has refused to repay the credit. Adams filed a second motion, which is now canceled the order 209, which pay to the Commissioner of Probation (in the office, this record-keeping), in contrast. The judge granted the motion to pay Adams', but presented to the Commissionera motion to reconsider. The court rejects the proposal of the Commissioner and the Commissioner argues that the appeal judge has the power to allow expungement had. The Commissioner argued that while the specific legislation authorized and directed to the development and implementation of a system that contains records of all emissions and violations of orders 209 in Massachusetts, there was no provision for deleting data, because according to the Commissioner, the purpose ofSystem was to preserve "all the information about a defendant."

The Commissioner was right that the law contains no provisions for the 209 cancellations of orders issued by just wrong. While there are no surprises and no secret that a poorly written law 209 and part of the legislation is too large, say briefly, the legislature explicitly states that no one is allowed expungements, has left a hole the vagueness and the possibility for judges to make some good reads at the topwrong for a change. This is exactly what the appellate court with the return to the national court judges the power that has never been explicitly removed from section 209 have decided, but the judges were too shy to approach 209 exercises: to eliminate the power of judicial error and attempt, "the management to ensure full and effective judiciary," if there is a discovery of fraud in the field was. In such cases, the appellate court said several previous cases, the "lack of legal citationsThe approval is irrelevant, "moreover, such power" can not be restricted or abolished by the legislature. "

In this case, the eviction order against Adams 209 is not sufficient to protect the integrity of the courts and not to send a message to the public. Leave the order to keep track of order in the system. This will leave an indelible mark not only against Adams, but also leaves, forever, a recording of a court order obtained by fraud. Even if the labelsas "fired" or "closed", is applied to records of the system is no explanation why the order was dismissed and the case is closed. Many orders are released to pursue 209 due to the failure of the victim cleared. Law enforcement is not notified that the order was vacated because it must be obtained through fraud on the court. Rather, it can be assumed, as the inability to prosecute the victim or released for lack of evidence. Maintaining aFraud amounts to desecration of the court, even if the law enforcement community are based on incorrect information from the court. Just as the eviction order is an inadequate remedy in these circumstances, the order closing the record is also insufficient. If the records are sealed, do not disappear. While the sealed documents are not available to the public, became the raw data sets are available to law enforcement agencies (police, courts and judicial officers). ChargeThe officials would continue to have access to information that is inaccurate and misleading and deception by the Court was received. Therefore, sealing would not solve the desecration of the court.
Id at 731-732 (citations omitted).

Bravo? We are able to operate and require that all orders now canceled 209A deleted? Not really. First, the Court clarified that only the orders procured by fraud in the field are subject to expungement. Not as an example of the type of orders redeemed atVaccaro v. Vaccaro, the judge cited the case where an order of 209 has been evacuated because there is insufficient evidence to extend it to make a first order from fraudulent acts of meet. 425 Mass 153 (1997). The court said that in the case of one free appointment or dismissal for failure to comply, but where there is no evidence of fraud, there is "value" for the police in maintaining records on his show.

Second, the Court has a rather strict definition of what that togetherholds fraud, namely "if it must be shown clearly and convincingly that a party moving charge sentiently some scheme inconceivable to influence the judiciary in a position of impartiality in a matter of Trier or interfere unduly withheld unfairly decide the set of the presentation 'party claim or (citations omitted) for the defense. " Adams, 729-730.

Thirdly, the judge said that the time for a claim, Judgement, defendants 209A"He has a lot of opportunities to say that [fraud] argument" within 10 days of hearings and extension. "If the court finds no fraud in the field the defendant has no basis for a motion later, the record must reimburse the order of the system. Nothing in GL c. 209 A, or in this opinion, requires a hearing on the defendant moving for expungement. In addition, the "clear and convincing evidence" standard of proof to demonstrate leadership in the field of fraud is requiredinevitably find the number of cases in which repayment periods are also seen as an appropriate means. "Id at 736-737.

Far beyond the gate open, the Adams case, it seems that even the slightest crack in the door for some orders expunging 209A if supported by strong evidence of fraud and offer to put exactly the right time.

Less than six months after the Court of Appeal ruled Adams, much closer to the everyday reality of orders 209, Judge Gregory FlynnWaltham District Court made a decision on the application of new rules by Adams. The case was against Chamberlain Khanlian, Waltham District Court Docket No. 0651-RO-99. Here the actor has managed to appear in the 10-day trial and the Order against the defendants was over 209 that day. Other 11 days later, the defendant requested the record the alleged fraud on behalf of the plaintiff to pay. The defendant supported his motion with affidavits different, the acts providedSupport of the fraud. The actor failed to repay at the hearing on the request to appear, but it seemed the Commissioner of Probation and also against expungement in this case, although this time he said that his only purpose to oppose the movement to ensure that The standard was set to follow in Adams.

"Given the allegations contained in the relevant briefs, to present the actual supporting the statements accompanying the applicant's failure to appearhearing into allegations of fraud, the court is clearly convinced that the injunction has been granted only to a fraudulent before the Court, "wrote Judge Flynn." Consequently, in accordance with the rules, which can be set in the Commissioner of Probation v. Adams, to eradicate the movement. "

It was a Court "new" if no further light on the reasoning of District Judge Flynn or justify its decision to throw short. And 'interestingHowever, please note that it seems time standards were set in Adams the Court of Appeals are not met here. In Adams, asked the appellate court that the accused would only increase the possibility of accusations of fraud hearing or hearings of 10 days are a further extension. Here the audience came and went 10 days without a claim. But the judge Flynn still allows expungement if the motion was taken 11 days later. It 'also interesting to note that both the defendants in the twoThe above cases were women, and both had career motivated to search for expungements reasons: one was a lawyer, while the other was a licensed pharmacist.

If other judges see Adams Flynn as a judge, and that dozens of men falsely accused in Massachusetts can get relief from these, to enter into law - only time.

Green light for clear fraudulent orders?

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Exploring Caves of Tasmania: In the heart of tiger's eye

!9# Exploring Caves of Tasmania: In the heart of tiger's eye

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I'm cold and alone in the cave. Sitting there at 30 feet I am slowly losing all feeling. I'm so cold that it hurts. I am desperately longing comfort. To stay is a spiritual battle. One is tempted to pull the surface in the sunlight to heat. I know that I can not. I know I have to stay. I know they are stuck in a self-imposed prison cell. I could escape miserable and pathetic, but it is not an option. The second countdown time. The more I look down at the computer,more often they are disappointed. Now, apparently, has stopped. I try to remember that pain is only temporary and resolves shortly after I hit the surface of the console. So I optimized wedge beneath the rocky ceiling, and suffer in silence. Despite everything, I did not even think, 'Why am I here "or" Why am I doing this? "I'm assuming that's where I want to be. This is what I love to do. That this is the price they are willing to pay.

Finally, 115Minutes passed, and I am free to go. Dizzy from the cold that I created. I'm disappointed surface. The cave has sent me home in my tail between my legs. The last restriction proved impenetrable.

I have a good 30 minutes to 152ft, tanks and tried to twist and wedge through me. No matter how I approached the hole, the angle at which I took and in what direction I came, there was no way I was for ever. I felt like a 3-year-old son, frustrated and confused as they try desperatelyforms a ball move in a square shape with no success. Finally, finally, I gave up. Not until the final fleeting thought - I should Nomad off and try again. Forced Fortunately, common sense. I suppressed my curiosity. A smart move, as it turned out. I had enough problems on my new tank, as it was. After the adrenaline faded, I realized that the feeling and dexterity in my hands had almost disappeared.

There are not enough adjectives in the dictionary it seems reasonabledescribe what it feels like a couple of hours in 40F water. The words "ice water" does not communicate the extent of the problem which first hit the water at rejuvenating the face, numbness of the extremities of the slow, making it unusable, the constant agitation, the fatigue one feels after the dive, the willingness and ability to stay focused at work and resist the temptation to hell out of the water. Everything seems more difficult in cold water - everything. AfterI went out by the restriction I tinkered around and fought the tanks and resolved to ensure the correct configuration on the supply side. Finally admitting defeat, I simply cut off from the d-rings and butt and I have moved. I had already clocked more hours of decoration - it was time to go.

So my week ending diving in the south-west of Tasmania. Affectionately known as Tassie is the place in a small jewel of unspoiled nature, spectacular scenery at every turn, and someInteresting cave diving must be done. Tassie cave diving is also famous for its hard and as such not really attract many speleosub from the mainland. It has all the good things, cold water, high flow rates, poor visibility, difficult access to the sea and the sharp rocks that cut the habit of dry suits are like butter.

Undeterred, I went Pearce Scholarship, Dean Chamberlain, Liz Rogers and Ken Smith in tiger's eye because there's some unfinished business to takeCare. In 2009, during the exploration of Lawrence river, the team came through the hole in the middle of the forest and whose 315ft line. They ran out of time to continue the exploration and now, a year after we returned to discover more of its secrets.

At the water's edge that we had to bush bash. Tiger eye of big trees and ferns surrounded trunks covered with moss, cobwebs and leeches. Under the hood is cool, dark and humid and the mosquitoes are relentless, thousands ofThey throw themselves on any bare skin. Finally, a slippery slope to the bottom of the sinkhole is located in the woods and the beautiful blue surface of the hole. It seemed awfully appealing from afar, but it seems deceptive. The unusual color blue of the water actually meant limited visibility, we were watching the visibility underwater 2ft at best.

The first dives were in the majority spent cleaning up the line. Tied after the harsh winter and heavy rain had eased offand in some places the line seemed a bit 'fragile, hanging by a thread. In fact, Ken found himself in a little 'discomfort when the cable broke in his hand after being up to 30 feet. He managed to control his heartbeat and negotiate its way out, without the help of the line. As a police officer then pushed back to go to perform the necessary repairs.

Made less than ideal conditions is very difficult to find the door. It seemed the only way tie was the role andStrike into the unknown. After negotiating the conversion of low and popping through the vertical narrow, it seemed, was in a larger room. The line follows the right wall, so I hit on the left with the role of what I hoped to be across the room. Finally I hit the opposite wall and found myself face to face with a small hole in the face. I went inside and enjoyed some diving Braille as the hills of mud was raining and visibility was reduced to zero. I thoughtProgressed, things were looking up the tunnel widens, then I saw the main line ... I found a small ring. Although interesting, it was not the right way. A few more door, where the great room all week, but the excitement temporary employment agency is not over anywhere.

The second day I dived down at the end of the line. The cave has stopped, as the flow. But the river had come from somewhere. I looked back at the endthe line without success. Then finally, when I saw the head I started - yawning darkness. I dropped my head and felt a closer look at the ribs flow. Bingo! I just had to break through the opening just big enough to pass through and fell into the side mounting directly into a booming ground shift. I felt perfect. I staggered the length of the coil, 165ft in one fell swoop, and the cave again. Occur on the way back even though I have been this dayfirst. Easy to blame the visibility, but I should have known. It was obvious that something is going on around it, if only I had made the effort to maintain long enough to take everything and stop and think. I guess better late than never.

Eventually, Liz and Dean added another 100ft of line, for a total of 265ft, before the tunnel crushed a restriction. You could quite easily with the adapter of restriction, but once blocked the way forward was through. In view of the roofand the ceiling came together and left a half-space in a high foot. On the left side, saw something promising, it was a coincidence that with a little effort can go there. What made it difficult to "tooth", a section of rock that hit in the middle of the room was small anyway. In the end the last restriction was impractical, even without armor. I still hope that in future I will not be mounted close to the platform on my way, but that remains to be seen.

Consideringwith a formidable enemy tiger's eye, we needed a distraction, and we decided to make a trip to Junee cave for a little 'variety. Junee Cave is home to a very special place, the so-called transition to dry "For Your Eyes Only." Requires a minor muscle and whole-heartedly trying to get there. First there is the path from the parking entrance of the cave. Normally, a light, pleasant hike through the rainforest, it seems more like a death march, when you start to carry gear. Then continuethe march for another streamway 400Ft that, in the fight against the tide that threatens to unbalance at any time. The most important cave is the rebirth of the area and the water comes out of the entrance with great strength, especially in winter. Finally, exhausted and sweaty swamp and reach the first dive in cold water 40F.

Compared to the tiger's eye visibility to 20 feet was absolutely roaring ... Well, it was, if you know where the first attempt. Despite the high flowthe abundance of silt in the cave. The same dive is relatively short, due in about 20 minutes. But do not take anything away from diving, the cave is quite unique and beautiful, with interesting rock formations. My favorite part of the dive, however, where the animals, the place is like a zoo. I have never seen such an abundance of creatures in a cave Cave Australia - I even caught some of them actually.

Once through the swamp, the plunge of exchange rates andprepare to be treated for one of the most incredible drying rooms. The passage is littered with great streamway some of the most amazing formations. The huge amount of straws can simply take your breath away. The place is simply breathtaking. Visit only made the whole trip worth Tassie. Simply walk through this passage and enjoy the breathtaking beauty, I had almost forgotten the restriction impenetrable in a cave on the road ... almost.

Diving in Tassie issensational, but at a price. You must be willing to put in hard yards to work hard, to tremble and suffer. In my mind, worth every second of it. I count on my return and I hope that I get up to the challenge of the eye of the tiger.

Exploring Caves of Tasmania: In the heart of tiger's eye

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