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Toxic AZ Court Rx: Restraining Order & Ignore mother’s plea, order Couples Counseling = 1 more toddler for CPS

with 6 comments


Judge for yourself about this particular Judge, and re-write the headline to focus on WHO FAILED!

“Permission requested & denied to stay alive…”

 

 

Woman wanted to flee with son

before apparent murder-suicide

http://www.azcentral.com/news/articles/2009/10/19/20091019peomurder1020.html

Peoria woman later killed in apparent murder-suicide

by Dustin Gardiner – Oct. 20, 2009 12:00 AM

The Arizona Republic

A Peoria mother whose body was found Friday had recently tried to leave Arizona after receiving threats from her apparent slayer, but a judge denied her request, court records show.

Two weeks before she was killed, Dawn Axsom pleaded with Judge Jose Padilla of Maricopa County Superior Court to let her leave Arizona with her son because she feared Gabriel Schwartz, the toddler’s father, would harm her or their boy.

Padilla denied the 26-year-old’s request and ordered the pair to attend parental counseling together.

Axsom’s body was found in her Peoria residence Friday. Police also found the bodies of Schwartz, 28, and Lisa Braden, 56, Axsom’s mother.

Schwartz is suspected of shooting and killing both women before turning the gun on himself, Peoria police spokesman Mike Tellef said Monday.

Tellef said the violence likely began in the downstairs kitchen, where Schwartz shot Braden. Then, Schwartz went

upstairs, shooting Axsom in the master bathroom and killing himself in a bedroom.

Police discovered the grisly scene at about 10 a.m. Friday after Axsom didn’t show up for work and a friend and the friend’s mother went to the home, located in the 7400 block of West Sierra Street, to check on her.

When the friend knocked on the door, she heard Axsom and Schwartz’s nearly 2-year-old boy crying upstairs.

The woman called police, who arrived and found the child unharmed inside his crib.

“When the officer took the baby outside, he covered (the child’s) eyes so he couldn’t see anything,” Tellef said, recounting the scene.

Friends and co-workers who gathered outside Axsom’s residence Friday said she was having ongoing custody problems with Schwartz and expressed frustration that the court system wouldn’t let her leave Arizona when she knew Schwartz might harm her.

Court records show Padilla granted Axsom a protective order against Schwartz four days before the Oct. 6 hearing where he ordered her to attend parental counseling with him and denied her request to relocate to Maryland with the pair’s son.

Axsom’s son was placed into the custody of state Child Protective Services.

 

CPS — the ever-hungry cavern. . . . seeking more families to Eat.  they got another one, this time.  Lest we end up with a thinking populace.

 

These headlines will stop when NON-families and NON-court employees begin to realize this is affecting them, their society, and their community’s safety.  GET INVOLVED! ! ! !  STOP THE INSANITY! ! ! !

How many women’s & kids (& men’s) death is one shared parenting relationship worth?  Never mind, Big Brother DOES know best, not Mom.  yeah, right…

 

Here’s another article, same incident:  Short and Sweet, say-huh??
http://www.azfamily.com/news/Domestic-violence-advocate-questions-Judges-decision-in-Peoria-murder-suicide-65110047.html
 
Domestic violence advocate questions Judge’s decision in Peoria murder-suicide
 
 
by Ryan O’Donnell / 3TV
Posted on October 20, 2009 at 8:27 PM
Updated yesterday at 11:00 PM
PEORIA , AZ — On October 6, 2009 Dawn Axsom and her attorney pleaded with Judge Jose Padilla to allow her to leave Arizona with her two-year-old son, Xavier, but Judge Padilla denied the request.

According to court testimony, Axsom’s estranged husband, 28-year-old Gabriel Schwartz, had been arrested twice for DWI, was unemployed, and had made two failed suicide attempts.  This prompted Axsom to also file for an Order of Protection against Schwartz.

Judge Padilla granted Schwartz visitation rights, requiring a drug & alcohol and mental health evaluation to be completed within 60-days.

Two weeks after that court appearance, Dawn Axom and her mother Linda were found shot to death in their Peoria home, reportedly by Schwartz, who then turned the gun on himself.

Elizabeth Ditlevson, who works for the Arizona Coalition Against Domestic Violence, says it’s not just Judge Padilla, but other family court judges who don’t seem to take domestic violence as seriously as they should.

“Some courts are privileging an abusers access to their children over the safety of the victim parent and the child. We think that that is a huge issue and it needs to change” said Ditlevson.  
 
http://www.azfamily.com/news/Domestic-violence-advocate-questions-Judges-decision-in-Peoria-murder-suicide-65110047.html
 
Domestic violence advocate questions Judge’s decision in Peoria murder-suicide
 
 
by Ryan O’Donnell / 3TV
Posted on October 20, 2009 at 8:27 PM
Updated yesterday at 11:00 PM
PEORIA , AZ — On October 6, 2009 Dawn Axsom and her attorney pleaded with Judge Jose Padilla to allow her to leave Arizona with her two-year-old son, Xavier, but Judge Padilla denied the request.

According to court testimony, Axsom’s estranged husband, 28-year-old Gabriel Schwartz, had been arrested twice for DWI, was unemployed, and had made two failed suicide attemptsThis prompted Axsom to also file for an Order of Protection against Schwartz.

{{Please see my post re: Paper Scissors Stone, a child’s game — and whether the “paper” of a restraining order is sufficient protection against the (metal) of a gun.  In that case, the DV history (resulting in murder/suicide) was “only” 14 years long.  The dude was arrested, for 2 days, after which he got out and shot his wife.  And then himself.  Cool, calm & collected, even arranged for (teenager) not to be present & picked up after, or something.  SUICIDE ATTEMPTS = DANGER.  PROTECTION ORDER =/= SAFETY.  WHY are the courts acting like it is?  I’d blog more on this, but there was ANOTHER one, recently, again, different (young) couple.  This time the dude got her but didn’t finish offing himself, so he might actually face charges.}}

Judge Padilla {{automaton, or fatherhood advocate that he apparently was. . . . . }} granted Schwartz visitation rights, requiring a drug & alcohol and mental health evaluation to be completed within 60-days.

{{WHEN IN DANGER, SURELY A MENTAL HEALTH EVALUATION WILL PROTECT.}}

Two weeks after that court appearance, Dawn Axom and her mother Linda were found shot to death in their Peoria home, reportedly by Schwartz, who then turned the gun on himself.

Elizabeth Ditlevson, who works for the Arizona Coalition Against Domestic Violence, says it’s not just Judge Padilla, but other family court judges who don’t seem to take domestic violence as seriously as they should.

“Some courts are privileging an abusers access to their children over the safety of the victim parent and the child. We think that that is a huge issue and it needs to change” said Ditlevson. 
 

File that under “understatement of the year,” (but at least she said it).  Let sGetHonest sincerely believes, from her research, that this is apparently what family courts are on the map FOR, ing reat part.  It’s where the abusers go to hide.  The fact that nonabusers also manage to get actually THROUGH there and sometimes even settle divorce/custody/visitation matters doesn’t quite change the fact. 

For a more direct (and expressive)  version of the first account, from peoria, see Randijames.com.  Warning:  an obscene word or two on site.  Appropriately so — the situation is obscene, and not just once or twice.  It’s NOT just one or two, or three, or four, or five, families getting wiped out over these things, when safety COULD”VE been granted, IF it were a priority.  This site simply talks back to the news, which I like:

 

Eminent Danger Protective Measures Denied by Maricopa County Superior Court Judge Jose Padilla, in Arizona–Mother has ongoing custody problems with the father in the court system

How does a mother have “on-going” problems? It should be open, and closed.

{{My comment:  Notice, the “mother” is at fault, SHE is “having ongoing custody problems.”  These might stem from a mediator, an evaluator, a judge, suppressed evidence, CPS  reports or police reports ignored, police reports not quite accurate, judges have conflicts of interest (but won’t recuse — see Oconto, WI), or there remains money in the family, or years til a child is 18.  Whatever it be, AFTER she is killed, it will be called HER battle and HER problems.  Or, ‘Their” problems.  Well, do no problems have causes, and are we now dwelling in a world totally absent of cause and effect, and are no courts able to determine which is which?  For example, if a guy tries to commit suicide, PERHAPS “couples counseling” might be that needle ina  haystack that will persuade himself NOT to off himself (and others who happen to be handy, or associated in HIS mindw ith her) — but then again, it ain’t likely th e root fo the prob lem.  And I doubt she could focus properly in couples counseling (had she survived til then) for fear of the suicide deal.  I guess the reason the JUDGES aren’t afraid of the suicide factor is it isn’t them, isn’ ttheir daughter, isn’t their PAYcheck, and won’t really reduce court business — there’s always (well, if a child survives) custody/foster care business.  As usual. . . . . . Well, (forgive me) (but it’s oBSCENE!)}}

–Mother KNOWS the father’s intentions because he threatens her

Refer back to “on-going” problems in the court

–Mother asks for a protective order, Judge grants it

Paper doesn’t protect, it just leaves a trail

–Mother asks to be able to leave the state with her son

Because this, will actually protect her, short of having a gun.

Judge Jose Padilla denies the request to relocate

Because then, the father wouldn’t have access to kill his father’s rights

Judge Jose Padilla orders parental counseling to be attended by the parents, TOGETHER

Because if someone’s threatening your life, you all should be able to work it out, for the child’s sake

{{Common knowledge in DV field is you do NOT have counseling together!  It’s dangerous!  Some pastors tried this in my case, it could’ve gotten us killed (and we DID have to flee the home for having gone without the father, once).  Even mediation rules, some states, insist that sessions can/must be separate where there’s been domestic violence.  Not that this really solves issues, but at least it acknowledges the situation.  So this Arizona judge does COUPLES counseling?  Check the Access Visitation funding in that county!  !!  }}

–Father kills his son’s mother, her mother, and himself, but kindly places a blanket over the child so as not to witness

–Motherless, grandmotherless, AND fatherless child, now goes into CPS custody

WHERE THE FUCK WAS CPS BEFORE THIS?

In situations of family violence, trade organizations like the Association of Family and Conciliation Courts (AFCC), with their host of judges, attorneys, GALS, and psychologists, push seminars and trainings which obscure violence and mask it with the psychological profiling of women. Co-parenting/shared parenting/parenting coordination, mediation, and parental alienation syndrome are highlighted as solutions to the endangerment of women and children.

PUT AN END TO THIS MONEY-MAKING, MISOGYNIST SCHEME THAT IS GETTING FAMILIES KILLED!! These same people are simultaneously creating new laws and ignoring the old ones (aka make your own rules and teach everyone else to follow them):

Enough for one day, and another fly-by post.  Better quality promised when access to my laptop regained.. . . .I’m  not even really tagging these much..

Written by Let's Get Honest

October 20, 2009 at 5:02 pm

6 Responses

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  1. This is an abomination. A similar even happened to me, with my sister-in-law being murdered in a very similar situation, by her ex. Judges should err on the side of caution, and grant the abused woman the right to flee. Later, if it turns out to be a trumped up charge, the order can be modified. I wonder if because some spouses may over-exaggerate the circumstances to get “even”, the court errs on the wrong side. PLEASE, judges, err on the side of the abusee, NOT the abuser. The system is upside down and needs to change, to prevent deaths. If a parent is falsely kept from a child, so be it, for a period of time – that can be resolved. A dead spouse can’t be reversed. I certainly hope Judge Padilla feels some remorse. If not, he himself will be judged soon enough. He did very wrong by my family too.

    Barb

    February 2, 2010 at 12:47 pm

  2. […] (3) victims, not the man who shot his wife, mother in law and then himself, orphaning their baby. My blog was only one of many on this incident. There are so many such incidents, I even forgot I blogged […]

    • I knew all 3 people involved. today is the 2 year anniversery. Dawn and Linda were the kindest people in the world and would do anything for anyone. I considered them a part of my family. I had known them since the day i was born. Linda was like a mother to me and Dawn a sister. I remember six years ago when i spent a whole summer in AZ with Dawn and Linda. I remember gabe being there to. I thought he was nice and would never hurt Dawn or Linda. That prove you cant judge a book by its cover… Dawns son is NOT in CPS care. He is living with his uncle. he is doing very well!

      Taylor

      October 16, 2011 at 10:25 am

      • I am glad the child is not in CPS.

        The fact that Dawn pleaded with a family law judge for her life and was turned down is a definitely reflection on that system. If you have some time to browse parts of this blog (realize it’s a lot of text & data!) — what I am against is the HHS paying for “designer family” policy that was kinda pushed onto the US (not really voted openly on, not before the National Fatherhood Initiative got its root) — and I am entirely against funding any religious group whatsoever to push marriage, family, fatherhood. The trail is littered with murder, with blood — and when not blood, destroyed lives in other ways, including financially. . . ..

        It has also altered basic forms of government and suppressed the individual right which underlies the Declaration of Independence — the FIRST one listed is the unalienable right to LIFE, liberty and pursuit of happiness.

        Women now have the vote; all we need next is to sustain the right to life, by getting the marriage-mongers off the pedestal they’ve put themselves on, several of these people not even having sustained functional marriages themselves.

        But whether or not they did, the financial record speaks for itself — and this is taxpayer money.

        I am sorry you lost friends, but please take time to gain some insight into how it happened, and realize that there is a system set-up for this.

        A recent shooting (8 people shot in cold blood, the wife and bystanders, mostly women) in Seal Beach, California bears ties to an attorney, formerly with the man who murdered, that was the attorney on a famous move-away case (LaMusga). . . .. He represented a whole host of psychologists, almost a who’s who of the family law system (AFCC, at least), protesting the moveaway.

        The only thing that would’ve saved Dawn’s life appears to have been that moveaway (barring a sidearm, permission to use it, and training in using it — or the person who threatened her, in lockup).

        I will be blogging this, probably today. I thank God there was a window when restraining orders were available to families like mine; but we have paid dearly thereafter, and for years. . .. Do not be a bystander, please get the info and help save lives. If you work a job, and pay taxes, this affects where they go.

        familycourtmatters

        October 19, 2011 at 9:34 am

  3. I have had miserable experiences with Judge Padilla. It is time to stand together.Please email me unitedwestandaz@gmail.com

    UnitedWeStandAZ

    January 25, 2014 at 11:41 am


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martinplaut

Journalist specialising in the Horn of Africa and Southern Africa

Let's Get Honest! Blog: Absolutely Uncommon Analysis of Family & Conciliation Courts' Operations, Practices, & History

'A Different Kind of Attention Develops Sound Judgment' | 'Suppose I'm Right Here?...' (posted 3/23 & 3/5/2014). Over 680 posts, Public-Interest Investigative Blogging On These Matters Since 2009.

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