Legal Matter in Santiago

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donluis99

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Jul 12, 2004
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Can anyone tell me what is:

Ley 136-03
Art. 286.- TIPOS DE MEDIDAS CAUTELARES

I have read the "Ley" cited above and it pertains how to retaining a minor in some type of custody for one purpose or another wheather it be legal or not.

In other words, Legal means by which a Judge can detain a minor, anyway from my understanding of the why that it is written.

Now the kicker, I have been served with a citation saying that I am in violation of "Articulo 286 de la Ley 136-03"

So I have to be in Santiago for the "Cita" on the 30th.

Do I need a lawer?

Does anybody know a good lawer in Santiago?

I am in SD.
 
M

Mirador

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Apr 15, 2004
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donluis99 said:
Can anyone tell me what is:

Ley 136-03
Art. 286.- TIPOS DE MEDIDAS CAUTELARES

I have read the "Ley" cited above and it pertains how to retaining a minor in some type of custody for one purpose or another wheather it be legal or not.

In other words, Legal means by which a Judge can detain a minor, anyway from my understanding of the why that it is written.

Now the kicker, I have been served with a citation saying that I am in violation of "Articulo 286 de la Ley 136-03"

So I have to be in Santiago for the "Cita" on the 30th.

Do I need a lawer?

Does anybody know a good lawer in Santiago?

I am in SD.
Click to expand...

Give us some background, what did you do, what exactly are you being accused of?
 
T

Texas Bill

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Feb 11, 2003
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If I were you, I'd get the best lawyer that I could find.
Don't know if you are a foreigner or not, but if you are, be aware that Dominican Law is derived from the Napoleonic Code and Spanish Law. Both are vastly different from English and US Common Law in application.
If you are charged under Dominican Law and the "Investigative Judge" finds that you are even vaguely at fault, you will be incarcerated and fined.
Get in touch with Fabio Guzman direct, don't pass GO and don't collect your $200. Just DO IT.

Texas Bill
 
D

donluis99

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Jul 12, 2004
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Well TB its like this..........

Thanks TexasBill

I am sure I probably should get a lawer. But I would like to know what I am getting into before I talk to the lawer, as when they see me the fee double, eh? Yes TexasBill I am from Alvin, Tx.

But for those of you who R & W Espanol, the Article 286 of the Ley136-03
is further below. i don't need a translation of the law cited, I do understand what it says. What I don't understand is how it relates to me and the case stated below.

My summons says, that I must appear on such and such a date place and time "a fin de tratar asuntos con la senora Maria, con gestacion a un mes en violacion al articulo 286 de la Ley 136-03"

or is to say in inglis que "to address matters with the Ms. Maria, that is pregnate one month in violation to the Paragraph 286 of the Law No. 136-03"

Now to put some background to this story, Maria from Santiago, she came to stay with me for some time, 24 days to be exact. Well she is supposadly with child, supposadly mine.

Please no one lecture me on all the times warnings have been posted on DR1, the issue at hand is of main concern, hind sight is 20/20, ah most of the time.

I am sure it is over $$, but how, why what options do I have. I can deny the whole thing, Truth is I cant be 100& sure the pregnacy is from me mine, most likly but ......

If it is about $$, what can they stick me with, i mean if it is my kid, I will take care of that part but I did not marry this woman, nor did I form a long and lasting relationship with here in order to her be due, something.

I got the feeling she was a bit dangourous in this repect, when she left one day and wanted to come back I would not let here in the house.

Just in Case, can somebody recommend a good lawyer in Santiago.


Art. 286.- TIPOS DE MEDIDAS CAUTELARES. En los casos en que haya necesidad de ordenar una medida cautelar conforme a los prop?sitos definidos en el art?culo anterior, el o la representante del Ministerio P?blico de Ni?os, Ni?as y Adolescentes podr? solicitar al juez la aplicaci?n respecto de la persona adolescente imputada, alguna de las siguientes medidas cautelares:

a) El cambio de residencia;
b) La obligaci?n de la persona adolescente de presentarse peri?dicamente al tribunal o ante la autoridad que ?ste designe;
c) La prohibici?n de salir del pa?s, de la localidad o ?mbito territorial que fije el tribunal sin autorizaci?n;
d) La prohibici?n de visitar y tratar a determinadas personas;
e) Detenci?n en su propio domicilio;
f) Poner bajo custodia de otra persona o instituci?n determinada;
g) La privaci?n provisional de libertad en un centro oficial especializado [/I][/I][/I]para esos fines.

Estas medidas cautelares ser?n ordenadas hasta por dos meses de duraci?n. A su vencimiento, podr?n ser prorrogadas por el juez, una ?nica vez, por un mes adicional, con excepci?n de la privaci?n provisional de la libertad. Deber? mantenerse debidamente informado al tribunal respecto del cumplimiento de la medida cautelar. La violaci?n o la falta de cumplimiento de la medida ordenada dar? lugar a que el juez aplique otra m?s severa[/I]

http://www.informejudicial.com/leyes/Menor%20de%20Edad/Ley%20136-03,%20Crea%20Codigo%20Sistema%20de%20Proteccion%20y%20%20Derechos%20Fundamentales%20de%20Ninos,%20Ninas%20y%20Adolescentes.htm
 
H

HOWMAR

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Jan 28, 2004
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donluis99 said:
. i don't need a translation of the law cited, I do understand what it says. What I don't understand is how it relates to me and the case stated below.



c) La prohibici?n de salir del pa?s, de la localidad o ?mbito territorial que fije el tribunal sin autorizaci?n;
Click to expand...
Sounds like a child support issue and she wants to make sure you don't leave town before it is resolved.
 
H

HOWMAR

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Jan 28, 2004
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Texas Bill said:
If I were you, I'd get the best lawyer that I could find.
Don't know if you are a foreigner or not, but if you are, be aware that Dominican Law is derived from the Napoleonic Code and Spanish Law. Both are vastly different from English and US Common Law in application.
If you are charged under Dominican Law and the "Investigative Judge" finds that you are even vaguely at fault, you will be incarcerated and fined.
Get in touch with Fabio Guzman direct, don't pass GO and don't collect your $200. Just DO IT.

Texas Bill
Click to expand...
Sorta like the way you Texans handled cattle rustlers. Give em a fair trial before you hang 'em.;)
 
P

POP Bad Boy

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Jun 27, 2004
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You should.........

.........leave the country before they get the chance to put an "impedimento de salir" into place!
 
D

donluis99

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Jul 12, 2004
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Impidamiento de Salir

Well, leaving ain't no option, at least the moment, I got 6 years here, and more than 10 years outside of USA. I could leave should it become a matter of such, "Impidamiento de Salir" would be no hinderance, Carcel yes. But I have commited no crime although that part may or may not be important, eh?

The article as is written pertains to Minors and thier rights and treatment Paragragh 286 relates to holding them or retaining them, the minor for a particular reason, be it legal or other, it says nothing about parents or others.

The whole Law 136-08, relates to Minors and thier treament and rights under the law.

The summons says she is one month pregnate, can she collect child support so soon? What if I/my attorny demands she prove it is mine.
 
R

Rick Snyder

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Nov 19, 2003
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http://www.drlawyer.com/

You said, "What if I/my attorny demands she prove it is mine."

Texas Bill said, "be aware that Dominican Law is derived from the Napoleonic Code and Spanish Law. Both are vastly different from English and US Common Law in application."

It is because of this "Napoleonic Code" that says that "you" are guilty till "you" prove you aren't.

Use that link I listed above.

Rick
 
C

Chris

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Oct 21, 2002
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donluis99 said:
The article as is written pertains to Minors and thier rights and treatment Paragragh 286 relates to holding them or retaining them, the minor for a particular reason, be it legal or other, it says nothing about parents or others.

The whole Law 136-08, relates to Minors and thier treament and rights under the law.

The summons says she is one month pregnate, can she collect child support so soon? What if I/my attorny demands she prove it is mine.
Click to expand...

Are you sure she is not a minor?
 
R

Rocky

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Chris said:
Are you sure she is not a minor?
Click to expand...
I was wondering the same thing myself.
Then, if this is a citation to the Fiscal's office, they wouldn't care much if they had cited the correct law they felt the OP was in violation of.
All they care about is getting the parties in, to settle a matter, or take it one step further, into the courts.
 
R

Rick Snyder

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Nov 19, 2003
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Be advised that here in El Seybo, therefore other areas possibile, the fiscal in the office of the Minors and Adolescence is in fact the judge and it is in fact a court.

For what it's worth.

Rick
 
D

donluis99

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Jul 12, 2004
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Contacted Guzmans office

Well shes not a minor, almost but not by almost three years.

Anyway I've contacted Guzmans office, if he can make any recomendations.

He does not have an office in Santiago, maybe he could recommend an affiliate or at least somebody "honorable"

I am really gun shy when it comes to lawers here, as with just about anything o anybody else, even more so at this point.

Certainly this is going to work out to be a shake down for $, a few weeks ago she was asking me for US$2,800.00 (american = $) so she could go to the states. First I don't have the cash, and if I did I would not give it, because I don't see why you would need so much to get a visa other than paying somebody off, which she said she would do. Ah but so cheap, I don't think so.

Anyway, considering this is my kid, probably is, what would the chances be to gain custody after he/she is born. I believe in a divorce here that the man at least has a chance to gain custody of any girl child, but unlikly in the case of a male child.

Meanwhile does anybody know how child support is calculated?

"Well Cris states that"

"they wouldn't care much if they had cited the correct law they felt the OP was in violation of.
All they care about is getting the parties in, to settle a matter, or take it one step further, into the courts."

I believe Chris is correct, also that the referance to a violation of the particular article is not important as are not many details legal or otherwise here if it IS THE MEANS TO AN END!
 
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Rocky

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Seems to me that if a man were to stand up and swear on his mother's grave that he always wraps it in plastic, and that the accusing party is just a gold digger, looking to make some bucks, no matter who they believe, paternity couldn't be proven, until birth, I believe, which gives a person more time to think or to act.
I believe in honesty, right to my core, but when someone chooses to attack me unjustly, there are no more rules.
Once war is declared, fight to win if you have a righteous cause.
 
M

Mirador

On Permanent Vacation!
Apr 15, 2004
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Don't negotiate, stay the course, if you cut and run you'll just give the wrong message...
 
D

donluis99

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Jul 12, 2004
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Rocky said:
Seems to me that if a man were to stand up and swear on his mother's grave that he always wraps it in plastic, and that the accusing party is just a gold digger, looking to make some bucks, no matter who they believe, paternity couldn't be proven, until birth, I believe, which gives a person more time to think or to act.
I believe in honesty, right to my core, but when someone chooses to attack me unjustly, there are no more rules.
Once war is declared, fight to win if you have a righteous cause.
Click to expand...


What legal standing does one have then 9 months later, perse?

I agree once war is declared, all's fair right? Do two rights make a wrong?

Guess thats why I always get the raw end, eh to hell with right, just fight!

I'll make the fight, yes, terms mine, will use the best layweres and grease my chele can buy, will I win, maybe, go down fighting, nope, won't go down one way or the other.

Hey Rocky, I do agree, but do you have kids?

Anybody got any precendents where the father gets the kid?
Are there ever any fathers that want the kid?

thanx rocky
 
R

rellosk

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Mar 18, 2002
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donluis99 said:
The summons says she is one month pregnate, can she collect child support so soon? What if I/my attorny demands she prove it is mine.
Click to expand...
That's an interesting question. Can the courts force you to pay pre-natal care? (I was told that pre-natal test for parentage is hardly ever performed due to the dangerous nature of the test).


BTW, it wouldn't surprise me if she's not even pregnant.
 
Hillbilly

Hillbilly

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Jan 1, 2002
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I've read this thread.
Go see Rosina de la Cruz de Alvarado, in the Oquet urbanization. I do believe her number is in the book. She is one of the very top lawyers, speaks English well enough and is a tiger in the courtroom.
1) Paternity is obviously an issue.
2) Money is an issue. $2800 for a visa? Sorry, visas are free, the appointments cost like $200. That was a scam.
3) If you want custody all well and good. The child can have US citizenship and a Social Security card from the time it is born, in all probability. You'll have to fight for it.
4) Child support can be literally pennies. $50 a month/ $100 a month. You have to fight for this.

So:
A) Get a good lawyer.
B) Be calm and document everything
c) Fight and win

HB :D:D:D
 
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Rocky

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First, I would urge you to do what Hillbilly suggests in the above post.

donluis99 said:
What legal standing does one have then 9 months later, perse?
Click to expand...
I would be just guessing. I presume a court can demand DNA tests for paternity determination, and pursuant to the results, if positive, then the mother would try to extract as much as possible out of you for support.


donluis99 said:
I agree once war is declared, all's fair right? Do two rights make a wrong?
Click to expand...
If you mean, two wrongs do not make a right, then it's not applicable to what we are talking about.
If your girlfriend keys your car, then you burn her house down to get even, then two wrongs do not make a right.
What we are taling about here is defending yourself by whatever means you choose to.
IMHO, one is justified to resort to any amount of force needed to win, when...
One comes under unprovoked attack to do you bodily harm, or to rob you.
As this comes under the class of "robbing you", then all rules are off.
If some 6 foot 4 body builder type dude is robbing my house in the middle of the night, and I get a chance to sneak up on him and beat him to a pulp with a baseball bat, please don't tell me that I should have asked him nicely to stop, rather than have broken all his bones and put him in a wheelchair for life.


donluis99 said:
Guess thats why I always get the raw end, eh to hell with right, just fight!
Click to expand...
We've all got the raw end of a deal in our lives. It happens to everybody. It's your choice, and your choice only, what to do with your present problem.
We only offer suggestions and opinions.


donluis99 said:
I'll make the fight, yes, terms mine, will use the best layweres and grease my chele can buy, will I win, maybe, go down fighting, nope, won't go down one way or the other.
Click to expand...
If your cause is righteous, I agree. Fight to the bitter end.

donluis99 said:
Hey Rocky, I do agree, but do you have kids?
Click to expand...
Eh, no. I'm not fit to be a parent. Hate the little buggers.

donluis99 said:
Anybody got any precendents where the father gets the kid?
Click to expand...
It can happen, but not common.
donluis99 said:
Are there ever any fathers that want the kid?
Click to expand...
I'm sure there are.


donluis99 said:
thanx rocky
Click to expand...
Anytime.
 
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