May 8, 2010: (from my journal, May 10, 2010) Palm Coast, FL; [Donkey] charged at me with the knife he was using to cut vegetables in the kitchen. He cornered me between the bedroom and the bathroom. I pushed through him to escape the threat. Is & No were in the living room watching TV. [Donkey] called the police and told them I was hysterical. When they arrived, he convinced them to remove me from the household for psychiatric evaluation.
That was my version of the account in all hearings, in all courts, and 2 days after, 1 day home from a state psych unit, and 1 day after Donkey and his brother left for Miami with Is & No. Donkey texted my Mom and told her he was taking the kids away and he would return when he had a guarantee of my stability. He told me he was taking the kids for a bike ride so I could have some quiet. Generous, considering he was the reason I hadn’t slept, been stripped of my clothes, and locked behind metal doors. I was released just about 12 hours after being taken from my home.
Turns out I was perfectly fine.
Donkey’s colors change according to audience. On May 8 (911 transcript/voluntary statement)
later in May my pocket listened
end of June (email)
Too bad my lawyer didn’t present this evidence of domestic violence.
It didn’t go unmentioned, just unheard.
Final Judgement of Dissolution of Marriage, Division 49, 7th Judicial Circuit Court, Kim C. Hammond Justice Center in Bunnell, Fla., prepared by C. Michael Barnette, Esq., with The Law Office of C. Michael Barnette, Daytona Beach, Fla.
“The mother alleged that the father grabbed her arm on May 8, 2010, during the incident after which the mother was involuntarily Baker Acted for observation. The mother presented Respondent’s Exhibit 1 which showed a bruise on her right forearm. The father testified that the mother attacked him resulting in his call to 911 for police involvement. The father testified that the mother tried to hit him and he blocked her attempt.
“… an employee with the State of Florida, interviewed the mother subsequent to the May 8, 2010, incident. [Employee] testified that he saw no signs of injury on the mother. He testified that the mother denied physical violence between herself and the father except she made some reference to being pushed out of a door.” (FJDM, page 7-8) Furthermore,”The court finds that there was no act of domestic violence in the incident alleged…the court further finds that the father did not commit an act of domestic violence on May 8, 2010, as alleged by the mother. This evidence as to alleged domestic violence was considered by the court when evaluating the best interests of the minor children. This court specifically finds in relation to the allegations of domestic violence in February 2007, November 2008, February 2010, and May 2010, that the mother has knowingly provided false information to this court and the court in Missouri regarding acts of domestic violence.” (FJDM, page 10)
The other pictures from that day probably would have help too. I was smart; smarter than I remembered. Knowing the pictures on the internal memory weren’t a part of slideshows when the camera was set to the memory card, I switched to internal memory and snapped a few shots, switched back to the memory card, and forgot it like it never happened. Until 2 weeks ago when I ran out of room after two years of pictures; until 2 weeks ago when I was forced to switch to internal memory or take no more photos (and during my Memorial weekend with the kids, no less!).
Imagine this popping up at you, jack-in-the-box horror-like, all of a sudden back there, the pain resonating from hip to ankle, the world going silent…
(now I want to comb every file on every computer, hard drive, and thumb drive in my possession)
Really, the court decided the matter in the jurisdiction hearing in January 2011, when we weren’t there to produce evidence of abuse, only to request jurisdiction be reserved for MO. I was asking for the divorce to be in MO & Donkey wanted it in FL. These incidents of actual domestic violence were mentioned, but we didn’t present or enter any evidence. I didn’t know we were supposed to, and apparently neither did my lawyer.
Judge Dennis Craig entered judgement that there was insufficient evidence of domestic violence in January 2011. My lawyer insisted that was a judgement for the determination of jurisdiction, not the final judgement on the divorce and custody case. So I sat in court and told my story. Judge Dennis Craig didn’t hear me. He already decided there was no abuse.