TIMOTHY E. KITTLE JR.; AND ALYSSA KITTLE, CHILDREN UNDER 18,Petitioners,vs.TIMOTHY KITTLE SR.,Respondent
Case No.: NN-3933-20, NN-3834-20DECLARATION OF TIMOTHY KITTLE SR. IN SUPPORT OF MOTION TO SHOW CAUSE FOR CONTEMPT
NOW COMES Timothy Kittle Sr., and files this Declaration in Support of Motion to Show Cause for Contempt, and for cause would show this Honorable Court as follows:
Article 10 Part 2 § 1029 of the Family court act that was used to keep Timothy away from his children was not followed by denying him a chance to be at his hearing.
All the restraining orders brought against Timothy by the state ex parte on the first page continue to keep Timothy from his kids way past the allowed time.
There was a Fictitious date for a hearing of March 18, 2020 stated on the Facts Finding Decision, then when asked about the date and the rules Timothy was questioned by the court clerk about the date stating, “Are you sure about the date because nothing with your case was done on March 18, 2020.” The judge answered, “Must be a typo.” The County Attorney added that, “It was a paper work thing you were not supposed to be there.”
The Court allowed the county attorney to lie without correcting the lie or even acknowledging it when Timothy asked, “Isn’t the law that I have to be present at the hearing and it has to be with in 10 days?” the County attorney told Timothy while court was in session “NO” when it clearly is the law.
The Court allowed the restraining order brought on to Timothy by his sister adjourned on the first date she missed, then adjourned again on the second date she missed then on the third date of Oct 7 2021 dismissed the order due to her absence to only reinstate it the next day.
The Court denied Timothy a Facts Finding hearing and on February 22, 2022 dismissed the order again stating, “This is the second time she missed the court date” when in fact it was the fourth and allowed the order to be intact since April of 2020 to the end of February of 2022 without giving Timothy any chance to defend himself against someone who gets orders on people and makes false reports leaving Timothy scared he would be arrested at any moment so he would not call back phone numbers he didn’t know, costing him jobs and causing emotional distress.
The 90-day rule of Temporary restraining orders was completely disregarded.
The court violated Timothy’s due process rights, then on the Facts Finding decision presented it as if it was for his benefit when in fact on October 2nd 2020 he received he had to due a virtual call, called multiple times and asked if he needed to come to the court and was told at 9.30am then every 30 minutes he called in and was informed “The court knows you are calling and have been informed of this three times,” then right before lunch Timothy stated he will come and was informed he could not come.
On October 7 2020 the county stated it was not ready for trial because Kim Kennedy of CPS was not present when Timothy stated he is ready for trial. Timothy was told by the courts the October 7 2020 was no good and because he wasn’t in court on the 2nd and the court doesn’t know why he would have been sent the letter of virtual Hon Frank A. Tantone can only issue that and he didn’t without telling timothy why he was told Judge was informed of his calling and when Timothy was late or the court needed to talk to timothy on any other occasion they were able to call his cellular phone to see where he was or set up something.
On October 7th the Judge informed the parties they must be ready by the next date and there would be no more adjournments.
On November 19th the court gave the parties a continuance when again Timothy expressed his concerns for his due process rights and did not agree to the continuance because now the people wanted the police officer to testify and made the statement Timothy rights don’t matter, it’s for the safety of the children.
The two court dates on December where adjourned due to the petitioner failing to provide me with my discovery further violating my rights and being in contempt of court.
On Jan 13 2021 the Trial continued when Timothy made clear all he had was a file that was not his, but his wife’s.
The court used cases against Timothy that have been dismissed and a unindicted case against him violating his 11th amendments rights.
The court allowed hearsay to be presented only by the county pertaining it was legal paper but did not give the same treatment to him denying to take a paper because the people objected and the child attorney even though it was said the paper was directly from CPS.
Timothy was made to come to court on the day his motion was on for while court in Part 6 was in session. Timothy was denied entry into the court room on two separate occasions on November 1st 2021 then on January 13, 2022
The clear bias against timothy has been present throughout the entire case. CPLR 2214(b) was violated after the Motion was not answered on October 18th 2021, then again November 1st 2021, then on the date in or around the end of December beginning of January the court told the people this must be answered by January the 13th 2022 which people agreed.
On January 13 2022, the court denied Timothy entry in the court room allowing the people to answer with a date of opposition of January 21 2022.
On February 22 2022 when Timothy walked into court you stated “the deposition will be done today” and would of proceed if Timothy didn’t accept a lawyer which did not work do to conflict of interest but only after Timothy made clear the child attorney is not talking to his kids she hasn’t talked to them since 2020 did any interest for the kids take place.
Despite Timothy suggesting that the Judge speak with his children and will bring them on April 4th 2022 after talking with his children he is declining to subject his children to any mockery from this court and denies his children be talked to by anyone in the court and until he is dead that he is the children’s protector and will advocate for his children.
Dated this ___ day of March, 2022.
Timothy Kittle Sr.,
Respondent in pro per
I, Timothy Kittle Sr., being duly sworn depose and say that I have read the foregoing Declaration in Support of Motion to Show Cause for Contempt and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.
(Sign in the presence of a Notary Public)
Sworn to and subscribed before me this ___ day of March, 2022.
(Printed name of Notary Public)
My Commission Expires: ____________________
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