Mischler v. Commonwealth 08-CI-1039: General Factual Basis III.

III. APRIL 2005: DOMESTIC VIOLENCE ORDER GRANTED AGAINST THE PLANTIFF FOR PUBLIC PROTEST AGAINST DEFENDANT HALL AND STEVENS.
44. The Plaintiff spent forty percent of her income taking both the children to the doctor multiple times because Stevens refused to take the children to a follow up. At no time had Hall attempt to set motions for child support and health insurance on the docket after November 2005.

45. Unable to afford her son's medicine; the Plaintiff then exercised her First Amendment Right against Hall and Stevens for denying her child support prosecution against Stevens for eleven months from when she had applied with Hall's office. She was also protesting being denied access to the Courts. See Exhibit 6.

46. Hall and Stevens conspired together to cover up Hall's intentional failure to prosecute child support against Stevens, and to retaliate against the Plaintiff for exercising her First Amendment rights; had Stevens file for an emergency protection order against the Plaintiff to change custody of the children so she could no longer claim that Hall was failing to do his duty under the law. See Exhibit 7.

47. The EPO first came in front of Judge Thompson. Thompson was noticed that the EPO was both procedurally and subjectively deficient. However, Thompson had motive to cover up that he had failed to put the November 2005 motion on his docket; Thompson refused to throw out the EPO and recused.

48. Judge Paxton had multiple ex parte communications with Stevens Counsel and with Hall. Paxton kept the official records of the case in her personal office. Those videos are now missing. Paxton had her personal court administrator serve as circuit court clerk in the case in violation of the Court rules. Paxton backdated motions, see Exhibit 8. Paxton allowed Defendant Stevens Counsel to hand select the guardian ad litem. Paxton failed to put any factual findings into any of her orders. Paxton allowed the GAL to give medical testimony despite having no medical background.

49. Judge Paxton convicted the Plaintiff of domestic violence for marching in public with a sign. See Exhibit 10.

50. The DVO conviction against the Plaintiff changed custody of the children to Stevens. Stevens has retained full custody since April 2005 because of the fraudulent D3.

[5] Judge John David Preston vacated D3 because as he stated, “insufficient grounds were stated in the petition for the issuance of a Domestic Violence Order”. See Exhibit 71.
[6] See log number 22915 on Exhibit 93.

[Editor Note: Exhibits are posted at ]