Preview
FILED: NEW YORK COUNTY CLERK 02/28/2023 09:06 PM INDEX NO. 101474/2019
NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 02/28/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----..--------------------------------------------------X
THE PEOPLE OF THE STATE OF NEW YORK, NOTICE OF MOTION
-against- Indictment No. 70351/22
MAGDALENA TRZUSKOT,
Defendant.
--------------------------------------------------------------X
PLEASE TAKE NOTICE that, upon the annexed affirmation of DEFENDANT, Magdalena
Trzuskot, and all attached exhibits (forthcoming in digital files), a motion will be made on
in , at the Courthouse located at 100 Centre Street, NY,
NY, for an order granting the following relief:
1. Dismissal of all counts of indictment felony criminal contempt in the first degree (Penal
Law section 215.51 section 210.40) in the interest of justice;
2. Dismissal of all counts in violation of client's constitutional speedy trial rights; and
3. Granting such other and further relief as this court deems just and proper.
Dated: October 29, 2022
Queens, NY
Magdalena (Maggie) Trzuskot, pro se
1
FILED: NEW YORK COUNTY CLERK 02/28/2023 09:06 PM INDEX NO. 101474/2019
NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 02/28/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
The PEOPLE OF THE STATE OF NEW YORK,
AFFIRMATION/
MEMO OF LAW
-against-
MAGDALENA TRZUSKOT,
Defendant.
X
Magdalena Trzuskot, pro se, affirms the following under the penalties of perjury:
L INTRODUCTION
1. I am self-represented after numerous criminal defense attorneys have failed to adequately
handle any of my arrests.
2. I make this affirmation in support of the relief sought in the annexed Notice of Motion.
3. Sworn allegations are based upon personal knowledge of the affiant and upon information
and belief, sources of such information and the grounds of such belief are referred to in the
affidavit, and further supported by documentary evidence.
4. This document will read like a personal affidavit combined with legal argument.
5. This motion, and my entire criminal case (all arrests and criminal complaints/counts), is
about public against the abuse of discretion - at the corporate in courts/public
security level,
institutions (police discretion, prosecutorial discretion, judicial discretion, correctional
discretion), private practice (legal discretion), and the non-profit domestic violence
organizations that participate in the process.
6. It is an examination into the effectiveness of the criminal justice system as it pertains to
domestic violence cases. And in doing so, is a critique of Manhattan's criminal and family
justice system's integrity.
7. The themes of this case are competence, diligence, and responsibility, among trust,
accountability, transparency, equality, and rehabilitation. There is a serious need for
improved standards and performance measures to be implemented in order to measure the
tools and procedures in place so cases are not only resolved adequately, but the system
improves.
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FILED: NEW YORK COUNTY CLERK 02/28/2023 09:06 PM INDEX NO. 101474/2019
.
NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 02/28/2023
8. I do not believe best practices or even the best effort has been put forward in my case, or
other cases, in an effort to resolve domestic violent disputes, and prevent the escalation of
harm and crimes.
9. I find it completely bizarre that Carl Johnson, the alleged victim in this sick dispute,
coerced me into the position I am in, and now the law and legal system is attempting to
coerce me to remain silent without adequate police or prosecutorial investigation having
taken place. And without adequate due process for so many years. That is what effectively
the law of contempt is doing when the courts and lawyers refuse to uphold due process -
attempting to coerce and punish in the name of the law, despite the fact that I refuse to
remain silent. I am standing up to injustice and unlawfulness.
10. My entire dispute in Manhattairs Supreme court, whether civil, family/IDV, or criminal is
demonstrating the absolute weaknesses in professional responsibility and legislative intent
in how domestic violence cases are prosecuted, and the laws applicable that need reform.
11. If the public has a right to peace, security and good order, why are individuals robbed of
the same through the application of law to their factual circumstances? Effectively, Mr.
Johnson robbed me of my dignity, and now the courts are doing the same. The system is
a tyrant over individual rights by failing to exercise its powers correctly procedurally.
12. Further, how is the lawful mandate of the court, via recurring submission to an Order of
Protection, imposing law and order when for 3 years and counting not a single legal
procedure has been PROPERLY followed despite countless petitions filed and demands
made? In other words, by reissuing an Order of Protection for 3 years and counting, without
the opportunity to be heard on my initial criminal charge of domestic violence or family
offence petition, or any of the contempt counts, or orders issued, the courts are coercing
obedience to the crimes and abuses I have suffered, allowing the real perpetrator to go scot-
free. It seems that no one wants to admit their errors, or shockingly poor judgment in how
they've (mis)handled this case. Instead, I am the system's scapegoat!
13. My public right of access to court proceedings has not been balanced with the rights of the
accused. The court system in NYC has willfully chosen to stall / outright delay any
resolution - to repair the criminal and private damage Mr. Johnson caused me by doing
nothing more than (re)issuing an Order of Protection and criminal contempt charges. I may
not be the smartest person in the room, but I believe my sense of justice. and understanding
of right and wrong far exceeds the average lawyer's in Manhattan.
14. As a result of standing up to injustice, due process infringements, and a complete disaster
as to how this domestic dispute has been handled in IDV court and criminal court, I hope
everyone can seriously learn from this case. Let this be a SERIOUS warning. A cautionary
tale. In the interest of ensuring everyone's safety. Because thus far, the entire system
continues to put my mental health at SERIOUS risk of injury to self and others, because it
is FAILING to do its JOB. THIS IS ABSOLUTELY WRONG, UNACCEPTABLE,
RECKLESS, HARMFUL. Professionals are disregarding the rights of a mother and the
best interest of the child standard.
3
FILED: NEW YORK COUNTY CLERK 02/28/2023 09:06 PM INDEX NO. 101474/2019
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NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 02/28/2023
15. As such, thus far, I would describe the criminal justice system in NYC as reckless,
incompetent, delayed, prejudicial, and outright outdated. It's as if the system wants to set
the conditions for retribution rather than peace. I honestly feel sorry for the American
people and all those like myself that reside in NYC - that such a pathetic system thrives
off disrespecting individual liberties and rights on a daily basis with no resolution to any
legal and factual issue for years.
16. In my pursuit of justice, I have done nothing more than questioned the courts lawful
mandate, its competency, and integrity. IDV court does not command respect, because it
fails to dispense with justice timely. The integrity of the judicial process is at issue. At this
time, the legal actors are reckless and the system/laws in place lack basic procedural
fairness to compel respect. And Judge Dawson doesn't know what she is doing, or she is
willfully ignorant to the process.
17. Mr. Johnson, a criminal fraudster, is getting off the hook. Carl Johnson's rights have not
been violated. He doesn't need protection. On the contrary, he has violated my rights, and
used the system to further harm me. The result is public justice has not been achieved. And
we certainly do not want parties to resort to private forms of justice because a courtroom
cannot figure out how to do its job properly the first time.
18. Consequently, I am pursuing a legal challenge to the systemic failures that I believe I have
experienced, and others countlessly do too. I am challenging a terrible bureaucracy and its
unfair practices. I am an aggrieved criminal defendant, and civil litigant. I am beyond
disgruntled. I feel irate - fed that Judge Dawson has described case as one of the
up my
most challenging cases before her, yet she has done very little to try to understand the
complexities herself. She has effectively allowed Sandra Spennato, Carl Johnson's family
lawyer to run the show with zero regard for the safety of all and in clear violation of the
best interest of the child standard. Sandra Spennato is a dangerously aggressive, careless
lawyer. Everyone knows that I know where Kimberly and Carl Johnson reside in Utah and
yet, they have all allowed him to abscond/kidnap my son from NYC when he should have
returned to NYC after his Florida vacation. And yet, I have never stalked Carl Johnson
but Sandra Spennato continues to make reckless lies to win at all costs -
ever, baseless,
putting my life in jeopardy over and over again when she knows she is willfully aiding and
abetting a criminal fraudster in his scam/scheme to use me for a baby. She should honestly
be suspended from family law practice for at least 6 months to a year. She needs a serious
time out for her persistent litigious, aggressive legal approach. She's not helping, but
aggravating the circumstances.
19. Ironically so, now, Manhattan's criminal justice system is trying to punish disobedience for
its failures to follow criminal procedure! Its as if the courts are trying to preserve their
power despite being wrong, and punish me for proving a point. There is absolutely zero
fundamental fairness. Where are the procedural protections. as they should be guaranteed
under federal and/or state laws and constitutions?
4
FILED: NEW YORK COUNTY CLERK 02/28/2023 09:06 PM INDEX NO. 101474/2019
. .
NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 02/28/2023
20. The judiciary has taken upon itself to engage in a forestalling of any endeavor to know
what happened... not a single, orderly process has been followed by the courts, and yet
Judge Dawson has said on numerous occasions, "there's a process". Yes, there is. The only
process that I am aware of that is paramount to a COMPETENT, RESPECTFUL legal
system is "due process". And that hasn't been afforded to me. I don't think she knows the
laws or follows any legal process herself. Judging by how ugly my case has been
mishandled, the system is not designed to protect citizens against the abuse of judicial
authority after experiencing every abuse possible by my child's father.
21. Further, how are women supposed to get justice when a woman that sues in civil court to
get justice is then prejudiced in criminal and family court for doing so?! It's as if women
are supposed to get beat up, beat down, and then continue to get beat up and beat down by
the system so they are forced down some rabbit hole until they reach hell. It's as if women
are not meant to sue and collect compensation for harm suffered. It's as if they should walk
away in silence and not face the dark music. How often do women sue their abusers? How
has the law developed to advance women's rights?
22. This country is trying to kill me. That's what I honestly believe. While 1 am trying to get
my child back from a sick individual. And prove to you all how American greed is evil.
23. Carl Johnson and Kimberly Johnson have now had 3 years to make their own child. Why
haven't they? And she's going to put up a sign in Jett's playroom to the effect 'be kind'.
How is any of what I've experienced because of their brazen, classless, trashy behaviour
kind toward me and my son? To the mother-son relationship?
II. FACTUAL BACKGROUND
A. The Allegations
24. My civil complaint outlines the factual circumstances that my first arrest is predicated on.
Index # 101474/2019. And the history of what transpired during my pregnancy and
postpartum.
25. Yet, NYPD has endeavored to cover up the reality of this arrest by refusing to produce a
body worn camera, the 9-1-1 audio recording or transcript. And refuses to properly hand
over all the documentation they have collected regarding the first 4 arrests.
B. The underlying Orders of Protections
26. See Table 1 of all of the TEMPORARY full-stay away Orders of Protections I believe have
been issued. They are in chronological order. I believe thus far I have been issued 14 in
total. There may be more, but who knows given the number of appearances I've made and
the number of attorneys that have touched this case. And the fact that proceedings have
been in person and virtual over the years. It's a logistical mess. At least 8 Judges have
touched this case, so it would appear. See Exh. A for all Orders of Protections.
5
FILED: NEW YORK COUNTY CLERK 02/28/2023 09:06 PM INDEX NO. 101474/2019
NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 02/28/2023
27. A duly served order of protection should mean the person/defendant being served is put on
notice of their due process rights to challenge its issuance. And be afforded the opportunity
to be heard on it in a reasonable period of time should they wish to challenge it. Lawyers
should actually understand what to do and how to do it. Currently, they do not.
28. The orders of protections that omit any mention of due process rights should be deemed
outright invalid in violation of federal law and state law. They are unconstitutional in the
context of law - child and rights. And
family custody, visitation, property therefore, they
should be deemed not duly served and therefore not issued by a court of competent
jurisdiction.
29. I was not orally advised in court of the FULL CONTENT of the Order of Protection either.
Specifically, as to my due process rights and being able to challenge it. No one ever
mentions it in court (out loud) that you have a right to be heard upon its issuance within a
reasonable time.
30. Since no reasonable notice and opportunity to be heard on any of the Orders of Protections
have occurred, they should not be accorded full faith and credit in other states. NY state
laws and practice are in violation of federal laws (18 USC sections 2265, 2266).
31. The order of protection statutes are unconstitutional in my opinion.
Table 1. Chrcnological Ordere ofProtections Issued (Tota': 14)
Temporar Name of Date Issued Criminal Comments Due Duly
y Order of Judge Issuing and Expiry or Family Process Served
Protection Order of Date Order of Afforded ?
Number Protection Protectio
n
I Honorable Dated: Criminal My first criminal and No No
Jonathan August 29, family lawyers should
Svetkey's 2019 have held an
Temporary evidentiary hearing
Order of Expires: when I was removed
Protection February 28, from the home, and
[upon 2020 had nowhere to go,
arraignment was in need of
on first arrest] services, and my
access to my child was
effectively cut off. I
was robbed of a
temporary custody
hearing, and given
zero due process for 8
months stemming
from this first arrest.
6
FILED: NEW YORK COUNTY CLERK 02/28/2023 09:06 PM INDEX NO. 101474/2019
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NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 02/28/2023
2 Honorable Dated: Family "Federal law requires No No
Emily M. September that this order is
Olshansky's 11, 2019 effective outside, as
Family Court well as inside New
Temporary Expires: York State. It must be
Order of October 25, honored and enforced
Protection 2019 by state and tribal
courts, including
courts of a state, the
District of Columbia, a
commonwealth,
territory or possession
of the United States, if
the person restrained
by the order is an
intimate partner of the
protected party and has
Preview
FILED: NEW YORK COUNTY CLERK 02/28/2023 09:06 PM INDEX NO. 101474/2019 NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 02/28/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----..--------------------------------------------------X THE PEOPLE OF THE STATE OF NEW YORK, NOTICE OF MOTION -against- Indictment No. 70351/22 MAGDALENA TRZUSKOT, Defendant. --------------------------------------------------------------X PLEASE TAKE NOTICE that, upon the annexed affirmation of DEFENDANT, Magdalena Trzuskot, and all attached exhibits (forthcoming in digital files), a motion will be made on in , at the Courthouse located at 100 Centre Street, NY, NY, for an order granting the following relief: 1. Dismissal of all counts of indictment felony criminal contempt in the first degree (Penal Law section 215.51 section 210.40) in the interest of justice; 2. Dismissal of all counts in violation of client's constitutional speedy trial rights; and 3. Granting such other and further relief as this court deems just and proper. Dated: October 29, 2022 Queens, NY Magdalena (Maggie) Trzuskot, pro se 1 FILED: NEW YORK COUNTY CLERK 02/28/2023 09:06 PM INDEX NO. 101474/2019 NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 02/28/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK The PEOPLE OF THE STATE OF NEW YORK, AFFIRMATION/ MEMO OF LAW -against- MAGDALENA TRZUSKOT, Defendant. X Magdalena Trzuskot, pro se, affirms the following under the penalties of perjury: L INTRODUCTION 1. I am self-represented after numerous criminal defense attorneys have failed to adequately handle any of my arrests. 2. I make this affirmation in support of the relief sought in the annexed Notice of Motion. 3. Sworn allegations are based upon personal knowledge of the affiant and upon information and belief, sources of such information and the grounds of such belief are referred to in the affidavit, and further supported by documentary evidence. 4. This document will read like a personal affidavit combined with legal argument. 5. This motion, and my entire criminal case (all arrests and criminal complaints/counts), is about public against the abuse of discretion - at the corporate in courts/public security level, institutions (police discretion, prosecutorial discretion, judicial discretion, correctional discretion), private practice (legal discretion), and the non-profit domestic violence organizations that participate in the process. 6. It is an examination into the effectiveness of the criminal justice system as it pertains to domestic violence cases. And in doing so, is a critique of Manhattan's criminal and family justice system's integrity. 7. The themes of this case are competence, diligence, and responsibility, among trust, accountability, transparency, equality, and rehabilitation. There is a serious need for improved standards and performance measures to be implemented in order to measure the tools and procedures in place so cases are not only resolved adequately, but the system improves. 2 FILED: NEW YORK COUNTY CLERK 02/28/2023 09:06 PM INDEX NO. 101474/2019 . NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 02/28/2023 8. I do not believe best practices or even the best effort has been put forward in my case, or other cases, in an effort to resolve domestic violent disputes, and prevent the escalation of harm and crimes. 9. I find it completely bizarre that Carl Johnson, the alleged victim in this sick dispute, coerced me into the position I am in, and now the law and legal system is attempting to coerce me to remain silent without adequate police or prosecutorial investigation having taken place. And without adequate due process for so many years. That is what effectively the law of contempt is doing when the courts and lawyers refuse to uphold due process - attempting to coerce and punish in the name of the law, despite the fact that I refuse to remain silent. I am standing up to injustice and unlawfulness. 10. My entire dispute in Manhattairs Supreme court, whether civil, family/IDV, or criminal is demonstrating the absolute weaknesses in professional responsibility and legislative intent in how domestic violence cases are prosecuted, and the laws applicable that need reform. 11. If the public has a right to peace, security and good order, why are individuals robbed of the same through the application of law to their factual circumstances? Effectively, Mr. Johnson robbed me of my dignity, and now the courts are doing the same. The system is a tyrant over individual rights by failing to exercise its powers correctly procedurally. 12. Further, how is the lawful mandate of the court, via recurring submission to an Order of Protection, imposing law and order when for 3 years and counting not a single legal procedure has been PROPERLY followed despite countless petitions filed and demands made? In other words, by reissuing an Order of Protection for 3 years and counting, without the opportunity to be heard on my initial criminal charge of domestic violence or family offence petition, or any of the contempt counts, or orders issued, the courts are coercing obedience to the crimes and abuses I have suffered, allowing the real perpetrator to go scot- free. It seems that no one wants to admit their errors, or shockingly poor judgment in how they've (mis)handled this case. Instead, I am the system's scapegoat! 13. My public right of access to court proceedings has not been balanced with the rights of the accused. The court system in NYC has willfully chosen to stall / outright delay any resolution - to repair the criminal and private damage Mr. Johnson caused me by doing nothing more than (re)issuing an Order of Protection and criminal contempt charges. I may not be the smartest person in the room, but I believe my sense of justice. and understanding of right and wrong far exceeds the average lawyer's in Manhattan. 14. As a result of standing up to injustice, due process infringements, and a complete disaster as to how this domestic dispute has been handled in IDV court and criminal court, I hope everyone can seriously learn from this case. Let this be a SERIOUS warning. A cautionary tale. In the interest of ensuring everyone's safety. Because thus far, the entire system continues to put my mental health at SERIOUS risk of injury to self and others, because it is FAILING to do its JOB. THIS IS ABSOLUTELY WRONG, UNACCEPTABLE, RECKLESS, HARMFUL. Professionals are disregarding the rights of a mother and the best interest of the child standard. 3 FILED: NEW YORK COUNTY CLERK 02/28/2023 09:06 PM INDEX NO. 101474/2019 . . NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 02/28/2023 15. As such, thus far, I would describe the criminal justice system in NYC as reckless, incompetent, delayed, prejudicial, and outright outdated. It's as if the system wants to set the conditions for retribution rather than peace. I honestly feel sorry for the American people and all those like myself that reside in NYC - that such a pathetic system thrives off disrespecting individual liberties and rights on a daily basis with no resolution to any legal and factual issue for years. 16. In my pursuit of justice, I have done nothing more than questioned the courts lawful mandate, its competency, and integrity. IDV court does not command respect, because it fails to dispense with justice timely. The integrity of the judicial process is at issue. At this time, the legal actors are reckless and the system/laws in place lack basic procedural fairness to compel respect. And Judge Dawson doesn't know what she is doing, or she is willfully ignorant to the process. 17. Mr. Johnson, a criminal fraudster, is getting off the hook. Carl Johnson's rights have not been violated. He doesn't need protection. On the contrary, he has violated my rights, and used the system to further harm me. The result is public justice has not been achieved. And we certainly do not want parties to resort to private forms of justice because a courtroom cannot figure out how to do its job properly the first time. 18. Consequently, I am pursuing a legal challenge to the systemic failures that I believe I have experienced, and others countlessly do too. I am challenging a terrible bureaucracy and its unfair practices. I am an aggrieved criminal defendant, and civil litigant. I am beyond disgruntled. I feel irate - fed that Judge Dawson has described case as one of the up my most challenging cases before her, yet she has done very little to try to understand the complexities herself. She has effectively allowed Sandra Spennato, Carl Johnson's family lawyer to run the show with zero regard for the safety of all and in clear violation of the best interest of the child standard. Sandra Spennato is a dangerously aggressive, careless lawyer. Everyone knows that I know where Kimberly and Carl Johnson reside in Utah and yet, they have all allowed him to abscond/kidnap my son from NYC when he should have returned to NYC after his Florida vacation. And yet, I have never stalked Carl Johnson but Sandra Spennato continues to make reckless lies to win at all costs - ever, baseless, putting my life in jeopardy over and over again when she knows she is willfully aiding and abetting a criminal fraudster in his scam/scheme to use me for a baby. She should honestly be suspended from family law practice for at least 6 months to a year. She needs a serious time out for her persistent litigious, aggressive legal approach. She's not helping, but aggravating the circumstances. 19. Ironically so, now, Manhattan's criminal justice system is trying to punish disobedience for its failures to follow criminal procedure! Its as if the courts are trying to preserve their power despite being wrong, and punish me for proving a point. There is absolutely zero fundamental fairness. Where are the procedural protections. as they should be guaranteed under federal and/or state laws and constitutions? 4 FILED: NEW YORK COUNTY CLERK 02/28/2023 09:06 PM INDEX NO. 101474/2019 . . NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 02/28/2023 20. The judiciary has taken upon itself to engage in a forestalling of any endeavor to know what happened... not a single, orderly process has been followed by the courts, and yet Judge Dawson has said on numerous occasions, "there's a process". Yes, there is. The only process that I am aware of that is paramount to a COMPETENT, RESPECTFUL legal system is "due process". And that hasn't been afforded to me. I don't think she knows the laws or follows any legal process herself. Judging by how ugly my case has been mishandled, the system is not designed to protect citizens against the abuse of judicial authority after experiencing every abuse possible by my child's father. 21. Further, how are women supposed to get justice when a woman that sues in civil court to get justice is then prejudiced in criminal and family court for doing so?! It's as if women are supposed to get beat up, beat down, and then continue to get beat up and beat down by the system so they are forced down some rabbit hole until they reach hell. It's as if women are not meant to sue and collect compensation for harm suffered. It's as if they should walk away in silence and not face the dark music. How often do women sue their abusers? How has the law developed to advance women's rights? 22. This country is trying to kill me. That's what I honestly believe. While 1 am trying to get my child back from a sick individual. And prove to you all how American greed is evil. 23. Carl Johnson and Kimberly Johnson have now had 3 years to make their own child. Why haven't they? And she's going to put up a sign in Jett's playroom to the effect 'be kind'. How is any of what I've experienced because of their brazen, classless, trashy behaviour kind toward me and my son? To the mother-son relationship? II. FACTUAL BACKGROUND A. The Allegations 24. My civil complaint outlines the factual circumstances that my first arrest is predicated on. Index # 101474/2019. And the history of what transpired during my pregnancy and postpartum. 25. Yet, NYPD has endeavored to cover up the reality of this arrest by refusing to produce a body worn camera, the 9-1-1 audio recording or transcript. And refuses to properly hand over all the documentation they have collected regarding the first 4 arrests. B. The underlying Orders of Protections 26. See Table 1 of all of the TEMPORARY full-stay away Orders of Protections I believe have been issued. They are in chronological order. I believe thus far I have been issued 14 in total. There may be more, but who knows given the number of appearances I've made and the number of attorneys that have touched this case. And the fact that proceedings have been in person and virtual over the years. It's a logistical mess. At least 8 Judges have touched this case, so it would appear. See Exh. A for all Orders of Protections. 5 FILED: NEW YORK COUNTY CLERK 02/28/2023 09:06 PM INDEX NO. 101474/2019 NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 02/28/2023 27. A duly served order of protection should mean the person/defendant being served is put on notice of their due process rights to challenge its issuance. And be afforded the opportunity to be heard on it in a reasonable period of time should they wish to challenge it. Lawyers should actually understand what to do and how to do it. Currently, they do not. 28. The orders of protections that omit any mention of due process rights should be deemed outright invalid in violation of federal law and state law. They are unconstitutional in the context of law - child and rights. And family custody, visitation, property therefore, they should be deemed not duly served and therefore not issued by a court of competent jurisdiction. 29. I was not orally advised in court of the FULL CONTENT of the Order of Protection either. Specifically, as to my due process rights and being able to challenge it. No one ever mentions it in court (out loud) that you have a right to be heard upon its issuance within a reasonable time. 30. Since no reasonable notice and opportunity to be heard on any of the Orders of Protections have occurred, they should not be accorded full faith and credit in other states. NY state laws and practice are in violation of federal laws (18 USC sections 2265, 2266). 31. The order of protection statutes are unconstitutional in my opinion. Table 1. Chrcnological Ordere ofProtections Issued (Tota': 14) Temporar Name of Date Issued Criminal Comments Due Duly y Order of Judge Issuing and Expiry or Family Process Served Protection Order of Date Order of Afforded ? Number Protection Protectio n I Honorable Dated: Criminal My first criminal and No No Jonathan August 29, family lawyers should Svetkey's 2019 have held an Temporary evidentiary hearing Order of Expires: when I was removed Protection February 28, from the home, and [upon 2020 had nowhere to go, arraignment was in need of on first arrest] services, and my access to my child was effectively cut off. I was robbed of a temporary custody hearing, and given zero due process for 8 months stemming from this first arrest. 6 FILED: NEW YORK COUNTY CLERK 02/28/2023 09:06 PM INDEX NO. 101474/2019 . NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 02/28/2023 2 Honorable Dated: Family "Federal law requires No No Emily M. September that this order is Olshansky's 11, 2019 effective outside, as Family Court well as inside New Temporary Expires: York State. It must be Order of October 25, honored and enforced Protection 2019 by state and tribal courts, including courts of a state, the District of Columbia, a commonwealth, territory or possession of the United States, if the person restrained by the order is an intimate partner of the protected party and has