Emergency Order For Protection (part 1) - True or False
In this post I'm going to go through Amy's request for an emergency order for protection, OFP. The pages within this post is the official approved emergency OFP by the Sixth District Court of MN which includes Amy's request for an emergency OFP. This is Part 1 which includes pages 1 - 14 of the order.
An emergency OFP can be requested by anyone and in this case it's considered and ex parte order.
Ex parte means, one with respect to or in the interests of one side only.
Meaning the accused party is not made aware of it and does not get an opportunity to provide testimony, witnesses or any kind of evidence to prove the contrary before it is made official. The accused are made aware of the order when served by a sheriff's deputy after it's approved and filed with the court.
Innocent until proven guilty means nothing with this type of order. By false allegations alone my family was taken from me. As of posting this I haven't seen these kids for 124 days.
I have included comments under some pages to include a narrative to this order.
Page 1
Page 2
Comments:
Any text that is blacked out is redacted. Redacted information will be minor's birthdays, addresses, telephone numbers and email addresses.
Page 3
Page 4
Page 5
Page 6
Comments:
Judge Shawn Pearson approves the ex parte OFP on July 12th. Two days after Amy applies for the protection. Again, due to the ex parte the courts have not contacted me or questioned me about any of her allegations.
Page 7
Page 8
Page 9
Page 10
Page 11
Page 12
Comments:
The first red flag is Amy's answers in question number 10.
There has never been any other family court case against me, including domestic abuse charges filed against me in the year 2019 or any year.
During cross examination Amy testified her answers in this section were true. She was asked to provide the information regarding these charges and said she didn't have them.
Amy was asked if anyone from the court contacted her regarding leaving out a file or case number and she said no. She was asked if anyone from the courts followed up with her regarding this statement as it wasn't filled out completely and she testified that no one had.
Yet, this false statement was included on her request for an emergency OFP which the courts used in part, to make their decision and included in the final emergency OFP.
If the courts took five minutes to look up this information in their database they would see no such case against me. Then you would think they would contact the requester, in this case Amy to follow up on it. Make sure it's a legit allegation. She stated they hadn't contacted her so I would assume they just took her word for it.
This was argued in the hearing but obviously didn't have any sway with the court.
Page 13
Comments:
The first thing I noticed about Amy's statement is the grammar. Amy was the one that checked everything I sent out and she was always catching grammatical and spelling errors. She would always be on top of mistakes I made so reading this request says two things to me. One, she is so far split and out of it she has no idea what she's typing. Which makes sense since that falls in line with her behavior. Two, someone else typed it for her. I can say this because I've known her for so long, it doesn't read like she wrote it. It sounds like someone less educated typed it out. I do know woman's rights activist groups will fill these statements out for their "victims". This really doesn't matter and has no bearing on the outcome. It's just odd.
Amy and I left our downtown Minneapolis apartment in 2022 and spent the winter in the Florida Keys. Before we had Declan and Sloane we traveled for a few years and also spent two winters in the Miami area. So, since the kids were old enough we decided to take advantage of them not being in school yet and travel again. Especially since we enjoyed it so much. We spent our winters right on the ocean and got to take advantage of the beautiful weather and beaches while our families and friends were back home shoveling snow. Hopefully that explains the RV situation. At the time of this incident we were traveling back through Minnesota and spending time with our families while at my parents as we're both from Duluth, MN.
This is my testimony from court regarding her 07/02/2024 statement above:
Amy was screaming at Sloane to take a nap. Sloane was 2 yo at the time. I was telling Amy she needed to stop screaming at the kids and she needed to chill out. I told her no one is going to be able to take a nap with her screaming at them. The arguing escalated and when I put my computer down and was getting off the bed to go get Sloane, Amy screamed in my right ear.
I was standing facing away from her and I banged on the closet door two times with my fist. Amy totally lost it. Screaming and flailing her arms. I started to yell back but quickly realized I needed to try and stop this as the kids were taking notice. I told her to stop many times. I told her I loved her as I wanted her to snap out of it, but she didn’t. I was at the foot of the bed, and she was on the side of the bed, and she hit me hard right in the middle of my face. My teeth almost went through my lip.
At that point she was going to run for the door which was closed. I could hear the kids coming up the steps behind the door, so I grabbed Amy and held her on the bed. I was scared by the way she was acting, so out of control that she was going to swing the door open, and the kids would fall down the stairs or she would just run them over at that point. I let her up after the kids were in our room and Declan was yelling at me to stop. He was very scared and mad at me because all he saw was me holding his mom down while she was laying there screaming.
I have never told her that when she cries that's my tick which makes me be abusive.
No chest bumps as we had the bed between us.
I never challenged her to hit me. Never have.
She did tell me she was leaving and taking the kids and I did tell her she was not taking the kids in the state she was in.
She did not hit me in "self defense" and truthfully stated to the sheriff's deputy the next day as shown below in the police report "I smacked him and he grabbed me and held me down on the bed". True, she hit me and then I restrained her as I stated in my testimony.
Amy's testimony in the OFP and in court also suggests that it was just a slap, as the word “slap” was used a lot during questioning. Per exhibit 79 – 2024 07 17 Phone Conversation 09:50AM Amy Schmidt – Called. At the 3 minute, 32 second mark, she states “I smacked you hard. I know I did. I smacked you fucking hard” when describing the incident.
She was questioned on the stand during cross examination about what happened after she hit me, she admitted, I held her down on the bed by using my hands to hold her arms and put my body on her legs to restrain her.
When Amy was questioned on the stand she was asked if I hit her, she replied, no.
Slone was not crying. She was smiling as she must of thought we were playing.
Amy did not get me off of her. I outweigh her by fifty pounds. I let her up after a minute once the kids entered the room and she calmed down. Again, all I was doing was holding her still.
This statement on the OFP goes into page 14 below.
Amy also made statements in her request for an OFP and in exhibit 73 – 2024 07 03 24092134 Police Report in Deputy Joseph Mattson’s report on his page 3 of 4, page 6 of the exhibit, 3rd paragraph from the bottom. That directly after the incident and when Ryan let go of Amy, Ryan “picked Declan up like a shield and put him between us”. When Amy was questioned in cross examination on the stand with, “When Ryan picked Declan up and held him in his arms did you stop attacking him?” Amy answered yes.
Page 14
Comments:
I did toss a plastic bowl into the sink about a foot away when she started acting out a few days before that. I did it as a statement of, you need to chill out. She did. You have to remember, I have been assaulted, displaced, and falsely arrested, etc. when she loses control of her emotions. I did that to make a statement that I wasn't going to deal with it that day. She seemed to understand because she stopped.
Regarding allegations that I will pin Declan up against a wall when I get mad, this statement is misleading. Maybe, a handful of times I have held Declan against a wall when he wasn’t listening to instructions. I have also held him in my arms, held him in my lap, and held him while sitting on the stairs where his normal time-out spot is. This act has never been to discipline him but to get him to stop, pay attention and to listen to me or his mother. This would also be after first communicating with him to stop his behavior and him not doing so. I have never caused injury to him during this act or tried to instill fear or intimidation. Only to the point that he needs to listen, or his actions will cause himself or others to get hurt. Such as his little sister. Declan is 4 yo.
These allegations have been found false in the last order. The only statement in the courts decision that is actually accurate:
I am lucky enough to have grown children from a previous marriage. I have forty four years of combined parenting between my four children. My oldest child testified on my behalf and for her young siblings that could not speak for themselves. She is a senior at the University of Minnesota and is pre-med and planning on becoming a doctor. If I tried I couldn't find a better person to speak on my behalf as a father. Luckily her testimony went over well during this hearing as it removed Declan and Sloane from the final OFP. But because Amy and I aren't married I still don't have custody of these kids until the custody hearing decides it. Which hasn't started yet.
A side note: Minnesota allows there to be temporary custody or at the very least visitation for parents and their children when in such a situation so long as the parent has a ROP (recognition of parentage) on file with the state health department in which I do. I presented the documents at the beginning of this process and have requested some relief to see my kids at every hearing. At every hearing I have been denied. No reason given, just the same statement that the court isn't prepared to make that decision. The court can help me, the court can help my children, but the court is arbitrarily refusing to do so. WTF
Amy's statement regarding Declan saying "daddy you tell papa what you did to mama right now or I will" and telling me to "leave and get out of here" is not true as well. I understand these statements don't really matter but I believe it shows Amy's state of mind. Yes, Declan is 4yo and would not put that sentence together. What he actually said was "we're going to Hazel's house and you can't come with". Amy told him they were going to her brother Ryan's house and Hazel is their cousin. I'm not sure how she came up with her statement of what he said.
I have thrown a stuffed animal or inflatable ball when Amy has lost it on me. I have never thrown anything at her, near her or anything that could injure her. If I had something in my hand at the point of her acting out, yes, I probably tossed it out of my hands.
The RV was both of ours. I had a few loans in my name when we bought it so we put it in Amy's name to save a few percent points on our interest rate. Besides the fact that I have paid for the RV, insurance, maintenance, storage, fuel for our travels and tens of thousands of dollars in resort fees, she claims the RV is hers because the loan is in her name. Her description here makes it sound like I stole it from her.
She had also been told by law enforcement several times that she has to go through the civil courts to make a decision on personal property, including the RV.
Exhibit 73 – 2024 07 03 24092134 Police Report in Deputy Joseph Carter’s report on his page 3 of 3, page 3 of the exhibit, 2nd paragraph from the top. Both parties were advised that any property disputes are to be handled through civil court.
Instead Amy decided to include the RV on the request for the emergency OFP by providing false statements and because of those false statements the courts seized the RV. I don't really care about the RV but am just showing how the courts can be persuaded by false statements. Even when Amy was originally directed several times by law enforcement that she needed to handle any property disputes through civil courts. She found a loophole. Or, should I say her woman's rights advocates had that one in their back pocket for her.
I also took the RV because it was the July 4th weekend and Amy and her brother Ryan Schmidt decided not to follow law enforcement direction. They were found trespassing when they thought I wasn't going to be around, telling me they were going to hook up my motorcycle trailer with Ryan's truck and move it out of the way and then take the RV. Again, all after law enforcement told Amy not to. That's why I decided to go out West to Montana for the weekend. I ended up staying out there for a couple of weeks since Amy wasn't calming down.
These are the injuries Amy included on the request for the OFP on July 10th:
This was her statement to law enforcement on July 3rd the day after the incident. 24 hours later the officer said no bruising was visible but some swelling in the area on her left leg:
Then she was asked:
The next day, July 3rd I called law enforcement to report an assault on me. This is the first time I have ever called to report Amy assaulting me but not the first time she has done it. I had a split lip where my teeth almost went through my face. She didn't have "obvious signs of injury". Even so the sheriff's office "couldn't" determine who to charge so they requested we both be charged for assault by the DA. When talking to the DA they said there wasn't enough evidence to charge so they were closing their file. Nice police work and great help from the district attorneys office. They sure work hard to protect women when they're assaulted by men but when it's vise versa they need more evidence than the abuser stating she hit him, my mouth all bloody, and "no obvious signs" of injury on her. But the courts will issue an emergency OFP with no evidence or statements from the respondent. Then in the final order for the OFP will state all evidence that the responded entered collaborates petitioners statements and refutes respondents statements. WTF. So one sided.
So after stating a day later that she had one bruise on her knee that law enforcement said "wasn't visible", she adds additional injuries on her request for an OFP. Now it's both knees, bruise on arm and scratches on her chest. Remember these are only statements with no pictures. So you can read these statements and they sound pretty bad.
Then over a month later she has additional injuries included in discovery. As stated in my testimony, I don't disagree that she might have some injuries sometimes after these incidents. If you saw her acting out you would understand. When she's attacking me, as stated during this incident I grabbed her arms and laid on top of her on the bed to restrain her. Below are the images included in evidence for our hearing. The referee asked Amy twice where the injuries were on her chest and both times Amy said right there. I thought at that point, for sure the referee knew what was up. Nope. Didn't matter or she didn't care.
I don't even know if any of these images are from July 2nd as she didn't mention these other injuries on July 3rd or on July 10th. For all I know they happened after she took off. Remember, "I had bruises on my knees from trying to push RSP off of me when he had me pinned me against the bed. I had a bruise on my arm and scratches on my chest" and that was her second statement of additional injuries already.
Then she falsely states in the Law Enforcement section above that the police or sheriff did not come.
As per above the sheriff was called the next day on July 3rd when I reported the incident.
So another false statement on the request for the emergency OFP and if she would have truthfully answered it the court could have reviewed the police report and noted that she was the abuser during the incident. Then maybe they wouldn't have issued the emergency OFP in the first place.
Again, this was brought up in court it didn't make a difference or the court didn't care.
I do not understand how so many false statements are not a red flag for the court and how there are no perjury charges recommended for such acts. You can ask anyone in the field of law and they will tell you civil court very rarely charges for perjury. If that's the case why include this statement on everything including this request for the emergency OFP?
I guess there is no penalty of perjury, and since it doesn't matter no one needs to be truthful when dealing with the government. This court is not making me believe any different.
I'll continue with part 2 in another post which will include:
I am not providing any of this information to hurt or try to make Amy look bad. I am providing this information to try and get help for my family, including Amy. No one should have to go through this and she shouldn't either. It is not her fault. She needs to understand that she needs help and that it's not her fault. But like I've told her in the past, what is her fault is she won't get it. She has proven she isn't willing to do it on her own so I need help from the courts to force her to do it. Luckily we still have custody hearings coming up so I'm hoping this will bring an opportunity for change.
None of these people know the truth: Amy, her attorneys, woman's rights advocacy group - Safe Haven, civil legal aid - Justice North, the courts, and the referee. The truth is, the more they fight this, the more damage they cause our family. Including Amy. Rather than treating the actual problem which is Amy's mental health they just keep damaging our family. They provide the possibility for generational abuse to continue. This needs to change.
All this fighting is actually going to help me in the long run. If Amy doesn't get the help she needs she's going to continue the abuse and I will end up with full custody of these kids. But at the expense of their abuse. It is so clear to me I don't understand why everyone that needs to see it refuses to. Even Amy. Look at her relationship with her mother. They don't have one. The last two times they were together privately her mother pointed a gun at her and threatened to shoot her. You don't have to take my word for it. It's in police reports. The same police reports and incidents that were argued in court. I don't want this for my kids.
The courts have these police reports in evidence and it was argued in court. Why don't they see the red flags?!?! This is not normal.
I don't know what to believe from Amy anymore, obviously. But this excerpt definitely proves her mother had a gun:
All of the people that are helping Amy have been made aware of her struggles in court. No one is listening or no one cares. They're trying to provide fast food service for a problem that needs more care than that. This needs to end.
Again, thank you for the support and please subscribe to keep up to date. It is much appreciated as my family needs all the help we can get. Thank you.
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