Do It Yourself Law 101

Being involved with CPS is
like being eaten by a shark

Over the past 10 years, we have been collecting information to help people learn How to Fight CPS.

We realize that a new CPS victim is dumbfounded by what is happening to them.

Or TERRIFIED.

People are here because they cannot afford a GOOD lawyer who hates CPS.

Some people are here because they already had a court appointed attorney who did nothing, sold them up the river, or quit.

"I declare to you that woman must not depend upon the protection of man, but must be taught to protect herself, and there I take my stand." -Susan B. Anthony 1871

A large portion of the people who find AFRa are single or divorced mothers, who feel absolutely helpless and unable to defend themselves against CPS

This "Do It Yourself Law" page attempts to make your process of learning as clear and simple as possible.

Lesson #1-

Do I have a legal right against CPS?

Remedial American Civics

You are the citizen. They are the alleged "public servant". You are NOT their slave and you are NOT a college freshman to be "hazed".

YOU HAVE the Constitutional RIGHTS. Your Rights are Rights AGAINST government power.

They are from the government. They have POWER, not rights. They have no Rights to give you.

CPS agents are extremely ignorant on this subject and likely have NO CLUE about YOUR Constitutional Rights.

It's up to YOU to KNOW YOUR RIGHTS and stand up for them. It's YOUR Responsibility as a US Citizen.

Here's your Violation Warning Denial of Rights Under Color of Law form to give them if they refuse to obey the FEDERAL LAWS about your Rights.

Cops KNOW about your RIGHTS and they take a Sworn Oath to DEFEND your Rights.

Judges Know about your RIGHTS, and they also take a Sworn Oath to Defend your Rights.

But IF YOU LET THEM, they will (ALL OF THEM) run roughshod over your Rights.

If you don't KNOW YOUR RIGHTS, you don't have any.

Let's review.....

Did you just read the section above and say "Yeah, yeah, I know my rights". Is that what you just did?

If you KNEW your Rights and had STOOD UP FOR THEM, you wouldn't be here now desperately looking for help. Would you?

Seriously, if people KNEW their Constitutional Rights and the Responsibilities that accompanies being a US Citizen -(not to be confused with current corrupted versions under the lefty guise of Civic or Social duties)- this country wouldn't be the MESS it is.

Go Read and Memorize your First, Fourth, and Fifth Amendment RIGHTS. You get extra points for being able to toss in the Sixth, Seventh, Eighth, and Fourteenth.

"The privilege against self-incrimination is neither accorded to the passive resistant, nor to the person who is ignorant of his rights, nor to one indifferent thereto. It is a FIGHTING clause. It's benefits can be retained only by sustained COMBAT. It cannot be claimed by attorney or solicitor. It is valid only when insisted upon by a BELLIGERENT claimant in person." McAlister vs. Henkel, 201 U.S. 90, 26 S.Ct. 385, 50 L. Ed. 671; Commonwealth vs. Shaw, 4 Cush. 594, 50 Am.Dec. 813; Orum vs. State, 38 Ohio App. 171, 175 N.E. 876. The one who is persuaded by honeyed words or moral persuasion to testify or produce documents rather than make a last ditch stand, simply loses the protection. . . . He must refuse to answer or produce, and test the matter in contempt proceedings, or by habeas corpus."

"The claim and exercise of a Constitutional Right cannot be converted into a crime."
Miller v. U.S. Source: 230 F 2d 486, 489

If you are helpless or too damn lazy to do that, you deserve to live in North Korea. Leave the AFRa website, forget about any concept of having any actual RIGHTS, forget about kids and family, and go read Huffington Post or whatever other lefty Communist crap you can find, because that's the new world they are building and apparently you want to be part of it.

Before CPS attacks YOUR FAMILY
Your Job #1, #2, #3

Lesson #2-

~Keep a GOOD journal~

Write down dates, times, notes about who said what, when and other circumstances.

This is more important than you can imagine, because this info is what goes into your Sworn Declaration or Affidavit.

Lesson #3-

~Divest Yourself of all the stuff you think you know about court from watching TV~
The "judge" you are going to see in family court is nowhere near as happy, fair, or understanding as Judge Judy.

American Due Process

Presumption of INNOCENCE UNTIL PROVEN GUILTY

What Happens in the FOG- Beginning with an anonymous hotline "tip" of suspected abuse, a parent enters a gray area of American jurisprudence. And it is not "murky" to his benefit.
Child Abuse, when alleged, is not a criminal matter. It is blithely characterized as a "Civil" matter, much the same as a lawsuit to collect on a breach of contract. Thus, the Constitutional protections afforded in a criminal case are not necessarily extended to those accused of Child Abuse. Full Article

Who is accusing you of WHAT?

These are NOT just your "average" Thought Police

Which means Filing your Statements,
documents, motions with the Court Clerk.
You do NOT walk into the courtroom and
expect to hand these papers to the "judge"

Lesson #4- ~When you are doing your own court work, you are appearing Pro Se or In Pro Per~

Courts are required to be more patient with Pro Se people. The Pro Se can get away with stuff lawyers can't. But the courts still expect you to KNOW AND COMPLY WITH THE COURT RULES. Never, ever piss off a judge, but have a PLAN. He might very well be operating in Excess of Jurisdiction.

Lesson #5-

~HOW TO DO YOUR DECLARATION and FILE IT ON THE RECORD~

Learning how to type up a Sworn Declaration or Affidavit is THE MOST IMPORTANT thing you will ever learn.

The format of a Declaration or Affidavit is unbelievably simple.

Courts want papers in Times Roman font, 12 point, double-spaced between paragraphs and 1 1/2" margins. I have been getting away with one inch margins, 1 1/2 lines between paragraphs. When you are Pro Se, you are not held to such strict standards. However, the court IS NOT impressed with a Don't do that. They will tolerate Georgia or Garamond. Use bolding very carefully, bold and underline for ultra important points. Yellow highlight does not print on most industrial laser printers, so don't bother.

The rule #1 is NEVER, ever piss off a judge At YOU. Your object is to PISS OFF the judge at THEM for THEIR perjury, evidence fabrication, hiding exculpatory evidence, destroying evidence, Poison Pen innuendo, Totem Pole hearsay, ETC.

You are putting the Truth On The Record, so back up what you are saying with Evidence (attached as an Exhibit) if possible. If you think this is a magic method to give legs to a lie, YOU WILL BE CAUGHT (Lying seems to be OK for CPS though), and nobody will believe another word you have to say.

The old header format was simple when all this was done with typewriters, because they were mono-spaced. Doing this with a computer is more of a problem, because the spacing for each letter is proportional. So the old format of putting a vertical row of ")" down the middle of the page has fallen into disuse.

The NEW FORMAT works much better for computer prepared documents, and it looks like this-

Sworn, Notarized AFFIDAVIT

Self-Sworn DECLARATION

Learning this form will serve you well the rest of your life.
This is the basic format how ALL THINGS LEGAL are done.

The only other thing you need to add is the Certificate of Service
DO NOT forget to create the Certificate of Service!
EVERY DOCUMENT FILED IN COURT HAS TO HAVE ONE
If you forget this, they will toss it out!

Get the sample Certificate of Service form here
http://familyrights.us/bin/FORMS/certificate_of_service.htm

~ATTACHING EXHIBITS~

EXHIBIT 1

Photocopy of a letter, or an email, or photograph or whatever.

~OR~

Hand written is OK.

Photocopy of a letter, or an email, or photograph or whatever.

~Assembly Sequence~

1- Your Declaration or Affidavit on top.

2- Your Exhibits, beginning with Exhibit (#) at the top left side of each exhibit, with additional ones following.

3- Certificate of Service at the bottom of the pile.

DO NOT STAPLE the court copy. Use a clip. They have to scan them into the court document system.

Make enough photo copies of all the documents to go to everybody in your Certificate of Service. Those copies can be stapled.

~How to Add More Information later~

When more events or information need to be entered on the record later,
you just file a new Declaration about the new information with a Sub-Title-
(You don't have add the info from your previous filings, because they are already filed
However you CAN refr to the previous documents by name and paragraph number)

DECLARATION OF YOUR FULL NAME HERE IN BOLD CAPITALS

Case # (By now you will have a case number and it is important that goes here)

Regarding the Events of 5-1-2011 through 6-31-2011

1. I, Firstname Lastname hereby state that on Month Day, Year, this stuff happened

I declare under penalty of perjury that the foregoing is true and correct and that this Declaration was executed at Your Town, Your State.

Dated: The day, month, year you wrote it.

________________________________
Your Signature Name, Pro Se
Your Town, Your State
Your phone number

Still requires Certificate of Service.

Or Alternately if you don't have a Case Number

DECLARATION OF YOUR FULL NAME HERE IN BOLD CAPITALS

Regarding the Events of 5-1-2011 through 6-31-2011

1. I, Firstname Lastname hereby state that on Month Day, Year, this stuff happened

Dated:

________________________________
Your Signature Name, Pro Se
Your Town, Your State
Your phone number

Lesson #6-

~Grammar Quick Help Class 101~

Please Do NOT become insulted by this page. It is presented for the sole purpose of helping you look GOOD in print.

Like it or not, people DO judge you by your spelling and discard your points or ideas if they are expressed in misspelled words or poor grammar.

Lesson #7-

UPDATED and Became Lesson #3. Probably will replace this later with something else.

Lesson #8-

~About the "Service Plan"~

It's a TRAP!
"Better shun the bait than struggle in the snare."
-John Dryden (1631-1700) English Poet

The "Service" or "Safety Plan" is being "offered" to you
and they want you to "volunteer".
Read the above line over and over until you understand it.

Your "volunteering" CANCELS
your Constitutional Rights
See this and ESPECIALLY THIS

Read More About the "Service Plan"

A Service Plan is an ADHESION CONTRACT, to which conditions they WILL EXPECT YOU to perform. And not likely ANYTHING WHATSOEVER CPS is to perform, other than Legal Abuse and threats of TPR.

Lesson #9-

~Where's the "Services"?~

You know- Those SERVICES to help prevent the kids from being kidnapped to begin with, or enable Reunification- The Reasonable Efforts- what they claim to the "judge" that they did and "YOU FAILED", even though you DID take every goofy class, jumped through every hoop, and did every single thing the Case Worker dreamed up for you like a College Freshman during "hazing week".

The trick is, you gotta ask for the services- See HOW

While you are doing your tricks like a trained Dolphin,
they might not "remember" to tell you about the
ASFA "15 out of 22 months" mandatory TPR requirement

Lesson #-10

~GET YOUR RECORDS from the agency~

Here's a TIP for you- Whatever is FILED IN COURT, you can go to the court clerk's office and read those files for FREE. You can have the court clerk make you COPIES of those files for a minimal per-sheet charge.

You are SUPPOSED to have copies of the court files. But some lawyers are really lax about making sure you get them.

In case you might be wondering- No, CPS does NOT file everything in their records in court.

And what is in CPS' records may very well be (likely is) a total fabrication, lies, half-truths, and brainless innuendo. Most of which they are going to REDACT with black ink marker when they make copies for you. That's the cosmic top secret stuff they don't want you to know.

Lesson #11-

NEW 8-10-2011
How do I fight
a Negative
(phony)
Psych Eval?

Lesson #12-

Get (more or less) INSTANT ANSWERS (likely referred to How to Fight CPS)

AFR Facebook

Lesson #13-

FILE COMPLAINTS

Against CPS

File a Grievance

My own "Grievance" against Oregon CPS

Children's Ombudsman Offices

Citizen Review Boards or Panels Every state is supposed to have one

Licensing Board Complaints against Mental Illness Clinicians and their ilk-
ALL of these lying sacks of shit have licenses. Find out what that license is and file a Complaint with that Licensing Board about what this "professional" did to you.

Newspaper OR Local Television INVESTIGATIVE REPORTERS

Lesson #14-

"Can you record a conversation with CPS in your own home?"

Daffy teaches you how
to be an American MP3 audio
You are aware that you are violating the sanctity of the American home!

This question keeps popping up in our Web Counter. People are finding AFRA by doing internet searches for "can you record a conversation with dcfs in your own home".

Frankly, this just makes me want to tear my hair out.

After years of hearing the propaganda "Whatever people do in their own bedrooms is their business, yaddy, yadda...", what part of SANCTITY OF THE AMERICAN HOME do people not understand? The "Sanctity of the American Home" (which means the Fourth Amendment) was THE POINT long before the homosexuals misappropriated it.

Is this how pitifully mal-educated and ignorant people are now?

So the answer to the question is YES, DAMNIT, YOU CAN RECORD THE CPS SONSABITCHES IN YOUR OWN HOME. They have no business in your home (without a search warrant), and even if they do have a search warrant, you still have every right to record them. Keep the camera in front of your face at all times, so they know darned well you are recording them (this is for the rare "two party" states where both parties are supposed to know about the recording).

And, by the way, you have the Miranda Right to SHUT UP. Don't invite these monsters in your house and don't tell them ANYTHING. Most of the time, they have NO CASE until you start running your mouth. Every word you tell them gets twisted into their Character Assassination on you.

I swear, America is DOOMED when you don't know the most rudimentary tenets of American Freedom and Liberty, and your most basic human right to just be LEFT ALONE.

"A slave is one who waits for someone to come and free him.� -Ezra Pound

Thought Crimes-

I had an epiphany some time ago about the Orwellian concept of "Thought Crimes", which I guess it's OK to be held responsible for your own thoughts (especially if you type them online).

But with the advent of CPS, you don't even have to have your own thought crimes any more.

Now, you can be crucified for OTHER PEOPLE'S Thoughts-

Whatever a CPS skank THINKS, imagines or even "have concerns" will be used against you in an unconstitutional court of NO Due Process.

Lesson #-

~Work in Progress~

I intend to keep this DIY Law page as simple as possible for the NEW people. I do not want them to feel overwhelmed, and piling too much on this page might do exactly that.

LOTS more specific stuff at the How To Fight CPS page

Storage for things mercilessly edited-

Your CPS agent operates on the new definition of "ethics", which means there's nothing wrong with lying, it's just bad to get caught at it. You are going to tell the TRUTH. But you also must know when to REMAIN SILENT.

allegations and the unconstitutional family courts of NO Due Process. Unlike the investigations you see on TV, there is NO "Presumption of Innocence" in this system, and there is NO recognition that you have ANY Rights whatsoever.

Faced with a system that is neither Civil nor Criminal and completely foreign to American Constitutional Law, with absolutely NO protections for the citizen, the methods described below seems to be the most effective defense that has been developed for people who find themselves in the talons of Children's Protective Services (or whatever name it operates under in your state).