Two police officers came to my house this morning. I have been expecting to get arrested for violating the order of protection. It is in the Juvenile Court and in emergency hearings I have been asked if these restraining orders are still valid.
By Lydia Hubbell
I assume they are, that is why I have been trying since August to get an order saying the restrictions are dissolved. I think it should be more disturbing that he has failed to come to court so many times, which has delayed any clarification or relief.
[This report by a Tennessee mom gives a glimpse into the life of a divorce-torn family. The daughter Dilara is fruit of an out-of-wedlock relationship; mom Mrs. Hubbell, who lives in the Nashville area and has given me at least two interviews, has been fighting heroically in court for six years to have time with the girl. Her pro se legal work is of remarkable depth as Mrs. Hubbell has learned the rules of civil procedure and seen how irredeemable Tennessee courts appear to have become as they reject due process rights. — DJT]
After the courts were closed at our Jan. 11 hearing, and after learning that they will be closed for the foreseeable future (of course, if Dilara’s dad had shown up for the Dec. Hearing, we might have had relief by now) I sent an email to Dilara’s dad requesting that we talk and discuss coming to an agreement for Dilara’s benefit. As expected, there was no reply. That would be one violation of the Order of Protection.
I have tried many times to get the order of protection modified or dissolved so that I can prepare for trial and see to the needs of my child. I have had two emergency hearings and both times I was told it was not an emergency by Magistrate O’neil.
I may have finally made contact with Magistrate Robertson yesterday. I have been very persistent and am extremely concerned about my daughter’s welfare. I had a loud rant in the lobby of the Juvenile justice center last Wednesday and yesterday in O’Neil’s emergency hearing, I tried to convince him that this is a very urgent matter. He issued an investigative order with DCS on Monday. He tried to assure me that DCS will check on Dilara. I don’t know how they will do that if they can’t find her.
I filed some things yesterday in support of my emergency motions and the motion for pendente lite relief that I filed in August. I asked for a special set court date (again, but this time I think Magistrate Robertson might have got the message. I assume the magistrate judges are still getting paid while courts are closed. I think it would be good use of his time to review the filings to get a grasp on the history of the case and that he will see the urgency.
I also called DCS yesterday. They will only tell me in court about their findings. I talked to Courtney Ford yesterday.
I have done absolutely nothing out of malice. This is an example of failure of th8s city to protect children.
I think Magistrate Robertson will be out of th e office till next week. His clerk, too. I called this morning. I hope he was able to take my court file with him. He specifically asked me in December for the COA decision and my court ordered psych eval. I brought it to court on Jan. 11 just to find that in-person hearings have been canceled until at least end of March.
If there is a warrant, I will turn myself in and will have a 12 hour hold before I can be bailed out. I try to turn myself in at such a time so as to least inconvenience friends and family as far as getting me to and from jail (there is no longer a bus stop by my course. I rode the bus to jail last time)
Besides sending one email asking to talk about settling things between us and working together to better meet Dilara’s needs, I have been to the house to check on Dilara a few times. Nobody ever came to the door. I went the first time Jan. 11 after I had gone to court, expecting a hearing. Then I went back on different days, at different times of day. After the Jan. 11 welfare check I did, there were cameras on every side of the house. Honestly, I am surprised he did not have them sooner.
On Monday, after a failed attempt to get relief in the emergency hearing (I am not sure how I feel about DCS. I objected to them getting involved because they are so corrupt and have caused so much harm to Dilara, but maybe they can find her and verify that she is physically okay), I reached out to more neighbors. Some are very concerned and want to be involved and some of them definitely do not want to get involved.
I do not know if every attempt to check on Dilara is a separate offense. People need to understand that laws are made to benefit people and when people with evil intend engage in malicious abuse of process, they should not be allowed to get away with it.
To me and Dilara, we have had ZERO protection from the laws and there have been zero negative consequences for the lawyers and judges and DCS and Dilara’s father to use laws to cause harm to Dilara, to me, and to the public’s confidence (if they had any to start with) in the judicial system.
I really could use some community support. These rights Dilara and I have been denied are more important than a lot of things being talked about. Including mask-wearing.
Media coverage would be good…there needs to be an investigation into my closed case. An investigation into Juvenile Court, the Court of Appeals, and DCS.
I am not a dangerous criminal. I have more respect for the law than any of my adversaries. I do not want to see it perverted and I do not want my child’s suffering to continue to be unaddressed.
This ordeal has cost a lot of money to taxpayers, wasting court resources, creating expenses for my daughter’s special ed services after the courts damaged her. And I have not even got a bill yet for the pretend appeal I had. The public needs to pay VERY close attention to the due process violations.
Remember that abuse escalates when unaddressed. They do not need to be allowed to get away with this.
