Month: August 2019

The DV-TRO I Filed on September 6, 2016 Without an Attorney, and My Surprise at the Courthouse/ The DV-TRO He Strategically Filed Against Me/ The First Appearance Transcript of September 20, 2016

DV Packet September 6

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.

 

                                                                                SURPRISE!

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.

 

 

 

Clear Threat Just Days After the Audio Recordings/ New Kitchen Knives Displayed in a Fanned Position Near My Cutting Board on Saturday, September 3, 2016

THIS SINGLE JAPANESE KNIFE HAS BEEN MY INSTRUMENT IN THE KITCHEN for MANY YEARS

” You need a lobotomy.” A surgical operation involving incision into the prefrontal lobe of the brain.

_ Dr. John H. Velyvis

The many times he stated this to me throughout our marriage, I thought  it to be an odd “Doctor Humor Statement.” On September 3, 2016 that changed. 

I have owned the same Japanese Chef’s knife for years. ( see featured photograph above.) It is my instrument in the kitchen. On Friday, September 2, 2016, I removed it from our Pacheco Creek Drive residence. In fact, I left behind 90 percent of all my culinary kitchen items.

The following day, I received a text message from my step-daughter informing me they were all out at soccer. Knowing that, I returned to the residence for my Kitchen Aid Mixer and some clothing items. Upon walking into the kitchen, I was alarmed to see the fanned display of Cuisinart Kitchen knives fanned out next to my cutting board. I TOOK THIS AS A MESSAGE AND A DIRECT THREAT.  My adrenaline kicked in…fear. 

  1. I called my son. I explained. His recommendation was that I leave them be. He felt somehow I would be framed for something.
  2. I called my daughter. I explained. She recommend I take them for my own safety and proof.

I chose to take them with me. I used them as an EXHIBIT IN A MUTUAL DV-TRO HEARING IN 2016.  The Hon. Beverly Wood smirked and laughed it off. It became a joke.

Dr. Velyvis used it against me. He made up a lie about him having to go out and buy knives and a comforter the day before. He claimed I had taken all of the knives from our home and the comforters! There were plenty of knives left at the residence. I took ONE comforter off of our King Bed. A comforter I had purchased for less than 100.00 at Bed Bath and Beyond. He had plenty other comforters in the linen closet.

His Rambo attorney then used it against me to make the court believe that I had thwarted a DV-TRO by returning to the residence! I NEVER EVEN KNEW THERE WAS A BOGUS DV-TRO filed against me until I went to pick up my DV-TRO I had filed against him on September 7, 2016.

To this day….I have the knives he displayed (for the sole purpose of intimidation,) here in Texas. I do not use them. I know the real reason he purchased them. The manner in which he fanned them out near my cutting board, the fact he even purchased knives, the lobotomy, I know him so well.

The Hon.  Beverly Wood of Marin County is so blind to lethal indicators of true Domestic Violence.

IMG_0817

August 13, 2016 Voicemail of Threats to Cut off Credit Card in Order to Control Just Before Boarding Airline for My Trip to Texas for Birth of Grandson

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At first blush, the voicemail is seemingly justifiable. A husband upset that his wife is spending money on a hotel just miles away from the marital home. The poor guy is taking care of the dog, cat and the fish. He also seems to just want to see his wife before she leaves out of state. Right? No way.

I had left the house due to a violent episode. I made him think I was just needing to visit my daughter in Santa Rosa (at the time.) I had actually checked into a nearby hotel in Larkspur. I went home each day while he was at work and kept up the home, checked on his children, made dinner, set the table and left before he returned home. I was keeping the peace.

After checking the credit card, he realized I was at a hotel. He was aware I was leaving to Texas on a planned trip. He had wanted me to see him before I left. He was angry when he realized I was really trying to get away from him.

He threatened to cut off the finances to keep me stressed out on my trip.

He did settle down, and ultimately not only did not cut off the credit card, but attempted to to make up for everything by transferring an additional amount of cash into my checking account for extra needs for the Texas trip. Of course, upon my return back to CA he then accuses me of taking money from our community property that I simply did not take. (See AUDIO-RECORDINGS on sidebar.)

I was the primary caretaker of the family dog, cat and fish. His voicemail was about power and control.

Audio Recording September 1, 2016 I Was Preparing to Pack, and to Legally Separate

After this audio-recording was taken, he left for work. I watched him drive off. Approximately 20 minutes later, I heard what sounded like a break in at the front door. It was actually John “sneaking” back into our home. I ended up turning the audio-recorder back on.

(I posted that audio-recording to the right of this site. )

On this date, after all of this bizarre behavior, he text me instructing me to pick up HIS biological children at school. He also wanted me to cook dinner. I did pick the kids up, but went back to the hotel. I refused to go back to the house.

On September 7, 2016, I learned that John filed a bogus DV-TRO against me. Turns out he filed it THE VERY DAY OF THIS RECORDING. I soon learned where he was going with the “50,000” he falsely accused me of.  I will update this post to further explain.

Audio-recording of August 28, 2016 John Framing Me by Trying to Make Neighbors Think I was Attacking Him ( He then fled before Police came to the residence) I Had no Idea at the Time This Was a Set Up!

His Exhibit 13              Rework Of Husband’s Exhibit 13       CLICK HERE

In a previous post I shared a Cryptic Email I received from Dr. Velyvis after he cut off community funds on August 27, 2016. He basically declared war on me. He still is to date.

So on this day I was set up.  He was forcing me back home. Upon my return, I noticed the water for the dog outside was green and about empty. There was mold over the kitchen island bread bowl. The house was filthy. There was a Gerber package made out to Dr. Velyvis, and I noticed a hand-written note concerning taking our dog on a trip. I knew that he wanted to put the dog down so this concerned me.

In the audio recording,  he repeatedly accuses me of theft of 50,000 from his business checking account. I had no idea what he was referring to. He had a Sole Proprietorship for his medical business.  He called the account our family account but only his name was allowed on anything.  There was NO 50,000 taken. This was all a set up.

Just days later, after I refused to get back together with him, he filed a bogus DV-TRO against me with Rambo attorney Trevor G. Jackson.  Sure enough, he presented an EXHIBIT in family court (EXHIBIT 13) to allege that I had misappropriated funds. I have REWORKED HIS EXIBIT, (see attachment).

He basically added up all of the expenses that we had incurred for  medical bills, health coverage, my daughter’s college, and his 3 children’s private school , and a host of family expenses over the span of about 6 months and called it fraud/theft. My attorney, Arvin Lugay was able to prove up that his numbers and allegations just didn’t add up. To the contrary, I was the frugal one in the marriage. He controlled all of the finances.

Lastly, the shocking thing is that he misrepresented facts to the family court in his DV-TRO application concerning the Police being called out to our home this day. He stated that I CAUSED THE POLICE TO BE CALLED! That WE were having a loud argument or something to that effect. None of my audio-recordings were allowed into family court, which would have proved that he perjured himself.

 

 

Audio-recording of August 27, 2016 Upon My Return from Hotel

He was angry because he believed I abandoned the “family.” I had just returned the evening before from my planned trip to Texas. (Please see audio-recording on rightside of my post.)

He yells at me. He is angry about CPS coming out to the residence the last week of July 2016. He is under investigation at this point. That is what he refers to when stating I am mocking him and lying.

When he yells, “Leave me the F – -K alone,” he pushed me at the same time. Not sure if anyone can sense that by the audio-recording.

I will be updating this post over the next few days to explain further.

WHY DOMESTIC VIOLENCE? — latoriaa

In my previous post, we saw that domestic violence is not accidental. It doesn’t happen due to anger because if it does, everybody would be violent. Why? Everybody gets angry. However, domestic violence is intentional. It happens due to the belief systems of the abuser. They believe they are entitled and have the rights to […]

via WHY DOMESTIC VIOLENCE? — latoriaa

when a woman decides to forget (For all women battling domestic violence) — The Lonely Author

My long time followers know I am a crusader against domestic abuse. A precious friend finds herself trapped in a relationship of physical/mental abuse. Although her husband will never read my poem, this is for him and all the other losers. when a woman decides to forget a white table cloth stained by unspoken words […]

via when a woman decides to forget (For all women battling domestic violence) — The Lonely Author

Freedom! From the torment of our thoughts — Domestic Violence – From victim to survivor

What does freedom from Domestic Violence look like? I think I am finally finding out… at least, I’m finding out what it looks like for me. It’s remembering who you really are. It’s having peace. It’s having joy, even in times of hardship. It’s not operating in excessive emotion. It’s being able to look at […]

via Freedom! From the torment of our thoughts — Domestic Violence – From victim to survivor