The Case: On Domestic Law and Rights

Preface: It is very difficult to focus on the plea of an abused individual. No one cares enough to follow what is being said- that is why we pay lawyers, in order to have an advocate. The lawyer-less have no public rights, and no access to the courts at all, but must wait until these things are done to one who has a lawyer- and then policies might be corrected. But as with the case nine or ten years ago, this must be written out for reference, the hope of helping others, and informing public policy.

It is very difficult for law to reach into a rented house where different heads share common spaces and functions. At present, theft and assault short of battery are in practice simply allowed. The landlord is the executive authority in crimes short of battery, which means that a great deal can be done that no one will do a thing to prevent or correct. In this case, the landlady is 83, and not quite able to do the executive function- she is dependent upon those acting adversely toward the author. This leaves an odd area where there IS no law, and one must defend his own rights or lose them. We say this lapse in law is causing what seems to be a rash of domestic violence incidents. For as I seem to have learned reading John Locke, self defense is even legal only if one cannot appeal to law and an executive such as police. In practice, in most cases of assault, there simply is not time to contact the police and have them respond. The author has been assaulted short of battery, and says he is under a death threat at present, and no agency has been found that can- or will- do much about it- be informed, and that itself may make the enactment less likely. I have found that I need to draw the lines tight and early, though escalation results. Crimes against persons- assault, etc, are implicit in the denial of rights regarding property, functions, spaces and walkways- the latter being an obligation of the landlord for safety reasons.

The tenants, a sister and her daughter, are moving into a house where the third tenant- myself- has lived for over 10 years. While moving in, the tenants have disregarded all rights of the resident on principle, arguing in the place of a landlord that he has no rights. But for the first 6 weeks there were no serious arguments, and I must say I more than welcomed them- washing windows, digging them a garden, cleaning, throwing away items that were not mine from a basement flood, along with books ruined because I did not take safe places for my own books while the mother was here- many books and items were ruined in the shed and garage. These labors were done despite my being sick and incapacitated much of each day. But trouble began about as soon as these new residents set down their items from moving. Objects and property were being removed from their places and thrown away. I had objected when they had tried to throw some of their mothers things away- a dresser and heirloom items said to be damaged by a mouse. The sister was in truth paid to keep the mother's bedroom clean, and did not. When I objected to my own things being removed to make way for themselves, the answer was not that they had not violated rights, such as that to property, but that I had no rights worthy of being respected. I am tempted to repeat that, because it does not sink in to hearers, and many, seeing my poverty and degradation, are inclined to agree, if they like rich appearances.

There are 3 others who hold some version of this adversity to the tenant- a brother and 2 sisters. The reason given is one of two- one is that the tenant is of such a sort that he has no rights that are worthy of respect, such as rights to his own property, spaces, functions and walkways. Another is the saying that the tenant "lived off his mother" for the past 9 or ten years, or is economically worthless. This second argument is called the "One Sided Ledger," and I find it has great weight with those to whom I am trying to explain my circumstance, and so it must be addressed. The truth is rather that I became disabled, unable to drive, and unable to be hired, while I have also been unable to gain disability status. And for the curious, I now pay a low but reasonable rent, about half to a third, depending on how one figures my lowest level social security, since I just now achieved retirement age- but what if I had not? What if this had occurred one year prior? I would have paid and worked as well, as I did when I first came here. And now, this rent is supplemented by continuous yard work ( I am the on;y one who will do a thing) and other labors- easily 30 hours per month, if not per week, making up a reasonable full rent. ! But on one side of the ledger- I have taken up no rentable space, while the mother whom I have served is entirely unable to stay in her home without assistance. The added expense is electricity. I had a room and a roof, though defective access to household functions- I was at times staying outside without a bathroom for a day or so, and learned how to survive in the shed. Place this on one side of my ledger. For the other side, the value of keeping the mother in her home is about 70,000$ per year- the cost of a place in a home for the elderly. The labor involved was complete- on call 24 hours a day, 7 days a week-unable to leave the property at all for many of those- and I did not leave except about once or twice per year. Nearly all chores indoors and out were for the most part done by me, and when I arrived, my mother had 15 cats. For five years, not a single dish was done by anyone else, though the sister in question was paid to do some dusting and driving. She would wash walls and floors, but stopped a while- nor do I know what she was paid for- it is not my business. The mother had spent 6 weeks in a critical care unit, had all toes amputated, was on oxygen and had to be walked to the bathroom most of the time. My siblings simply will not recognize my side of the ledger, and what amounts to slander has prevented me from gaining assistance. In part because they should themselves have been helping their mother- though at times faction prevented this, they simply will not recognize my side of the ledger- what I have contributed in effect for the exchange of housing that would be provided a slave or domestic servant. I have done nothing to these people, and they almost never even visited, let alone lifted a finger- the brother excepted, as he has helped with mowers and some mowing. A sister does finances, bill paying and such for her mother, and she is driven to medical appointments by one or another of the sisters. But I have received hatred and exclusion, especially from the 3 sisters, who repeat the one sided ledger as though it were their business. I lived here, working constantly and taking up no rentable space- no one else COULD have lived here in these circumstances. A nephew had been expelled previously for stealing prescription drugs, and again the mother could not safely stay here alone. I know I take derision for the circumstance, and came here destroyed, my economy hanging on the edge of the car line, as one bankrupted who cannot declare bankruptcy, one who owes student loans and taxes, writing books that do not sell. What occurred 9 years ago dropped me below the car line, cutting the thread by which my economy hung. I lost then my car and my kerosene heater in the shed!

What can be done about a one sided ledger? I can only repeat the account- and no one cares! Soon it will be past and forgotten.

But with these arguments, these siblings have decided that I have no rights, and can be removed, first by denying me any assistance such as to get food, as was agreed they would do when they moved in. Hence, rights to property, space and functions have been disregarded on innumerable occasions, intending to force the resident to move. The resident's property has been thrown away (Oatmeal, fruit cups, cold packs for injuries) and moved from kitchen cabinets without his consent, although explicitly forbidden. The resident has twice taken time to make space in the cabinets, retaining space only for a few glasses, two bowls and 4 plates of daily use. There are items in common such as pots and measuring cups that I also use. Meanwhile, one of two kitchen sinks are filled with dishes that can sit for over a week, while more are used. Item after Item, the disregard of property rights continued, until a line needed to be drawn somewhere.

Each argument that erupted regarded my attempt to set any limit to the continuous expansion intended apparently to force me out. One early issue was that a cat house was set on the landing of the stairs. I had repeatedly moved objects from walkways as these people were moving in, and have had to repeat many times that this is the law, and for good reason. After 3 days, I removed the cat house myself- causing great commotion. One resident especially, the daughter, is systematically inconsiderate, becoming intentionally so if there is any objection. She set a cat litter box on a coffee table of mine used also for plants- would not remove it, and would not clean the table. I wiped it down, but the cats then urinated on plants set on the table- which I cleaned up. That is just one example.

An early argument occurred when I was alone and cold and turned up the air conditioning temperature to also save energy. The outdoor temperature that night was to be 50- we would not need the air until at least the next afternoon. In a storm of insults, I was faulted for this, and at the same time the sister requested that she take over the back porch, since I had "taken over" the front porch. I had just spent time cleaning that porch- there was much to be done after the mother moved out. The ONLY person to be excluded from the porch would be me! The porch has a function related to the garden and overflow, such as canning jars stored otherwise in the kitchen. Plants go there- not garbage- which goes in the trash can. No one is excluded from the porch, which has better light, and where smoking has always been permitted. I study there off to one side, and look out the front window.

When yeast and canning jar lids were removed from the place it was kept for over 2 years, the resident reported the incident and the general circumstance to police. Advised not to press charges- a line had to be drawn somewhere- the resident then took and hid the plates that were put in the place of the yeast and lids, which had been hidden.* The tenants then assaulted the resident- the daughter first violating proximity, then running at the resident with a raised thurmos threatening battery. The resident backed out the door, returned, and was run at again with an armload of dishes, retreating out the door, and holding the door closed while the assailant tried twice to open it to complete the assault.

The tenants have violated an original verbal agreement with the landowner to help the resident get food. Not once has a ride been offered even while no arguments were occurring, for about the first 6 weeks- no assistance of any kind was given, while the resident helped in every way digging a garden for his sister, washing all the windows, cleaning mouse dirt from the back porch, and many other ways. These tenants did not remove their trash from the kitchen for the first 3 months, but this was done along with all yard work, by the resident. Finally, when the tenant would not order food from the grocery delivery for the resident, the circumstance became obvious, and he asked that his food card be returned. The numbers are still on her phone and the Kroger delivery, though I have not been able to set up my own delivery yet. A week went by without food, and the resident was then told the card had been placed on the table all the time. The resident, who is ill, dropped to 102 pounds, and walked to the grocery store 2 1/5 miles away.

An interesting note that provides context is that the resident was mis-diagnosed 9 years ago, with doctors missing a tapeworm, as is commonly missed in 30-60% of cases. Photo evidence demonstrating the error was available to this sister, as it was identified by a species app on her phone. The picture was discarded by her, though, and it now becomes more clear why the one person most able to drive to two places necessary to get me medical care has not done so. That is, she knows I have a potentially fatal illness, and has done nothing to help- now intentionally hindering efforts while ridiculing my infirmities. Granted, these are not pleasant, and I continue to use much of my strength each day to TRY to get to a doctor who is able. Most are not, and the issue may be of more general concern. We count numerous deaths around us- a brother in law just last year- with similar symptoms dying from an un-diagnosable digestive ailment.

While the one tenant has assaulted the resident and threatened battery, the other has thrown books on two occasions at other books that are the property of the resident. On a third, now, plants were thrown and damaged. On the second occasion- after being notified verbally of eviction, the tenant threw a pile of important books on the floor, and beneath the pile was found a set of kitchen shears, The resident had heard the rage emerge, with a threat to destroy all the resident's property, and these are witnessed by my brother, who delivered the verbal eviction. The police were shown the kitchen shears, and have been informed throughout in the attempt to prevent assault. This tenant, the sister, also appears to have slandered the resident with an accusation of insanity- in order to say he did not see what he has seen. The slander would be entered in a call to the police shortly after the assault occurred, and is evident from a lie told to the police that a "lease agreement" had been signed.

We ask that the eviction be obeyed, with a decision to press charges for the assault pending.

Empty cardboard boxes were being kept in the living room blocking the walkway to the couch, for over a month- I had moved them once. As the two were leaving one day, I said I was going to move them, and would put them wherever they liked. Here my life was threatened: "If you move those boxes, it will be the last thing you ever move." I called the police and reported the threat- AND did not move the boxes- for psychological and strategic reasons. What I am dealing with here is not entirely conscious, and there are dangerous blind rages. My brother, told on a visit of the issue, moved the boxes. A bag of apparently human baby feces was then places in the living room blocking access to the couch. Eventually I figured out what this was, and removed it myself, despite threats. An early threat was, "you will see how petty I can get," at the time of the yeast incident, and there had been daily petty violations of my rights, again, to property, spaces, walkways and functions.

Appendix: Two instances of near assault have occurred, for the first I nearly called the police and the second, I did call them. Both began when I spoke- I had been not speaking to them since I have been slandered as "insane" for things said. In order to get an object removed from a walkway, for example- returnables two garbage bags thick inhibiting the stairway, I would go to the land lady- the 83 year old mother, and she would order it done. I would receive certain retaliation, but be less likely to be knocked down the stairs- I do not see well. While being berated by the open and loud speech of the daughter, I talked back, and also said that the returnables must be removed. When these two- one who had placed me under a death threat, approached my area with shears and set sheers out, the other who has committed assault against me under Michigan law, when these came at me, as I retreated, I said, "Do you want to go." I repeated this at the second instance, and called the police again. Since I was upset, they sent someone out, though I told them there was no emergency. But since I tell the truth, apparently that is one thing I am faulted for having said- and though I think it right, on their advice, I will not say it again- I said, "I want them to see your badge."The officer spoke with each, which has stabilized the situation. Indeed, I should not speak!

For the one sided ledger: One advertisement says caregivers can receive "up to 2,500$ per month" for their time and labors. The last week that the mother was here, she should have been in rehab from a fall, but there was no room. Social services was informed that it was not safe, because, "I cannot work 24 hour days." I stayed awake for most of the 168 hours that are in a week- I counted 8 hours sleep total, at the limit of human capacity, and say I worked 140 hours that week. I was once awakened by a dream of an oxygen hose empty at the top of the stairs- If I slept, she was in danger. As she emerged from a delirium, she began to get angry with me telling me to leave her room where she was- which I told her I would do as soon as she was in a safe place - she has fallen there twice. Of my brothers and sisters, I said, "Where are they? I am the only one who is here." She insisted they were here, and then said, "Your insane. I'm calling the police." She called my brother, and I believe I called this sister. I then said I would not continue in my duties here under threat of what had happened 9 years ago- as is written up on Wordpress under "Conversations with Relatives." There is absolutely no reason for them not to back me in so obvious an instance, but they WOULD not! I then said they needed to make other arrangements- a nurse came, and I tried to sleep. The mother was then in the other of those two sides, for as I told the police, "You know how people have two sides?" In the end, the limit was not physical- I could have continued- but psychological-she perhaps simply could no longer stand me!

• Property rights are clear to common sense, until something else gets in the way. An example is the astonishing claim, not that they do not violate my rights, but that I have none. The incident of the yeast and plates is interesting. When the community or polity will not defend property rights- shoplifting would lead to charges if this were done in a store, the police would respond and charges would be pressed- then the individual must defend his own property rights or lose them. Repetedly, what thwees two have learned is that there are no consequences for anything they do to me, and that they can work the appearances all they want- police and others simply see the appearances and fall for the lies.

Property is related to function, and the criminal in this incident prevented wine making for the season. In this unique incident, since force is out of the question, the afflicted returns a proportional injustice to stop the string of petty property crimes. "Now YOU explain to ME why it is wrong to remove the property of another without their consent!" And so they did, demonstrating what one doing such things deserves according to them, assault and slander with potentially fatal consequences is what such deserve! In each case of assault and near assault, there is an argument with the sister, and the daughter enters with bullying ridicule, and each incident always involves both at once- nothing occurs when these are alone. In truth, every attempt to limit the continuous expansion of power by these relatives has led to violence and assault. Nearly every incident is their expansion and an attempt to limit this, which causes a violent rage, and further incidents. Correcting each particular incident is exhausting, especially for the 83 year old land lady. Each particular has a more general cause- a plan to get rid of me in any way advantageous, and so we are, as said proverbially, as though "cutting heads off a hydra."

Another way of stating the case simply is that these people have moved in and broken about 10 or 12 laws , while I have done nothing either to deserve this or in response, that is, broken no laws and violated no rights, but have insisted on my own, provoking more serious lawbreaking. These crimes would be prosecutable anywhere else except in a common dwelling, where the landlord is the only executive. When it is clear that crimes will escalate if noting is done- property to assault to threats of murder, it is clear that there is some error or miss in the execution of law. A brother, asked to assist the mother who is landlady, has judged that 12 crimes on one side are equal to 0 on the other, and holding the same sort of ledger as above, has determined that both are equally reprehensible. A response is that there is nothing these people could do to me to which he would object. No difference is discernible between one expanding and trying to remove another, and this other drawing necessary lines. He does not know which items are which, and cannot sit through an explanation, for example, of photos when I was being moved out of the kitchen cabinets. I tried to draw an analogy: one person takes a common roadway for a personal parking space, while another insists it be open. Both are "trying to control the whole roadway," according to this judgement. Crime and criminal are equally at fault, the measure being power, and money. But this lapse of law leads to domestic violence- shared dwellings are much more like city streets, and there IS after all, law despite the executive.

One way to argue such a case is to say, "All this could be simply so, and you still not be able to see it? So it is still entirely possible, for all you know, that what I am saying is simply true?" All this could still be so, such as when one has not looked. No one has looked at a single photograph taken as evidence- again because no one cares and it seems not to be their problem. The police were shown evidentiary items, such as the books after the sister threw them in a violent rage, and simply had no interest.

Additional notes: There is a psychological reason that none of my siblings will acknowledge what I have contributed, yet hold me to account for having shelter in exchange for limitless and unlimitable servitude. THEY should have been doing these things, and helping more at the house, though none are able- family faction had my mother so at odds with her offspring that it is understandable how for long periods I was the only one able to get near her. Indeed, again, I am not normal- no "normal" person could have done and suffered what I have.

Elder abuse is supposed also to include these things:

Emotional Abuse 

Emotional abuse is when a person is treated in a way that causes emotional or psychological pain or distress. Some examples of emotional abuse include:

• Intimidation 

• Verbal assaults 

• Threats

• Humiliation

• Harassment 

• Name calling

• Isolation, for example, denying access to family members or church

• Destruction of property 

• Limiting access to areas of the house, such as the kitchen or bathroom

• Misleading or lying to family members about victim’s health or illness 

• Harm to pets 

• Showing off of weapons 

• Removing access to basic needs, such as phone, transportation, medication, walker, etc

  
  

  The only thing these people have NOT done from the list above is harm pets. All the pets here have medical care.

I have been trying to understand the peculiar one sided ledger- where the fact that I was housed- again in a way similar to animals- is held to be that I was "living off my mother. This, like the accusation of insanity, may be explained by a psychological cause that I cannot believe. The mother did not like to be considered a burden, and so would not admit how much work it takes to care for a person who can do little or nothing for themselves, to keep them in their home. And so all the work indoors and out, the watching and walking to the bathroom, the yard work, the garbage and dish washing, the cats, etc- we had NO bathroom for about 9 months- these my brother says are just the work one does foe oneself- as he mows his own lawn. The siblings, meanwhile, will not admit the work because they ought have been here helping, but hated me, and would not come. This I cannot understand because again I cannot believe people would do that. I am now left alone, utterly isolated, and no one cares if I am assaulted and forced to submit to every expansion of power by these women (now women can aim at power and wealth as men did!) or threatened with assault and death. This has now become more serios- the daughter for a third time tried to "walk over me" or through me as though I were not there, while I stood at the stove warming coffee in a walkway narrowed by the endless clutter. I stepped back and aside, taking two steps, but I said, "You will have to wait, as I do," and "IF you walk over me, I will beat your ass! I was surprised that I said that, and do not know what I will do, but next time I may not move. So this girl gets her phone to record, and I clarify: If you walk over me again, you will have a big problem." So she calls her father, who says I am "threatening his daughter," and he would come right now to beat me up but he has warrants out for his arrest. I have been watching for him every day, and will meet him in the driveway- I said, "and so will the police." But it will take the police 45 minutes to respond. I may get my free ride to the hospital! What is going on here is that I am being provoked until I respond, and then the the conditional "IF" is again dropped, so that I am, God forbid, threatening girls! "IF" she does not again walk over me, then I have NOT threatened anyone's daughter. The women use others- men- to commit crimes for them, and they motivate them by slander, and this is the second time that a grave danger is caused by slander, and our police will not receive charges of slander, nor perjury. These are just too difficult to prosecute, and so are simply allowed- while if I tell the truth about both sides-what I have said and done, and what they have said and done, and they lie, the two statements are, you know- "equal." They are witnesses to what the other has done, but cross examination would cost healthy people 100,000$! For the honor of Shotokan, too, we will not strike women- I have feared to explain that to police- they will be more likely to shoot me. We practiced only men against men, for about 20 years. But this is how they got me 9 years ago, by dropping off the circumstance and condition, and using what I indeed said to present me as a "danger to myself and others." I never got a single word in to the court then, while another sister tried to have me permanently committed- when I had committed no crime, and in truth had violated the rights of exactly no one. I am the least likely to be a danger to anyone, and everyone who knows me knows this- that is why it was perjury. That is indeed not "normal," as my brother says- he has not seen the Bell curve, as he is a craftsman. But that is exactly why I am the only one who could have done what I have done now for over 12 years in caring for my mother, who has been "the wringers" since spending 1 and 1/2 months in the U of M critical care unit. There were periods of time no other sibling could approach their mother, and a time I was even expelled, for saying she was "lucky" to have a home, etc. ("Lucky," she said, I worked for everything..." and then I too could not get to her to help her, when I was taking her grocery shopping once a week, about 15-17 years ago). I am explicitly hated for being Christian- these girls are into Buddhism- you know, universal kindness, disregard of material goods- and witchcraft. They have no qualms against cruelty, unless, like Lady Macbeth, they would not do it because I remind them of their father. While the daughter takes the place of her mother the landlady as she declines, she has told me she hates me because I am "just like my father." Here again we see the Oedipal elements in tyrannical passions- but if I try to explain psychological matters, no one can hear it, and I again will be accused without an advocate, and no one will listen to me! "Sociopath" is their word for those not yet psychopaths who have no consideration, let alone compassion or respect- for others, or certain others chosen for bullying because they seem vulnerable. Bullies present infirmities as though these are ethical defects, while exhibiting the greatest ethical defect themselves- if indeed there are any such defects at all. Drugs will not be able to cure ethical problems, and the more drugs the psychologists give them, the worse this will become. The daughter ishaving unexplainable seizures- which of could not be caused by the drugs, since these are prescribed by psychiatrists! And as we know questioning psychiatry is like the Freudian "resistance," yet another symptom!

One additional note- if there were guns in this household, I may have already been shot- there is plenty of murderous blind rage. It would then have of course been presented as self defense, and the police just cannot tell!