Found Deceased MI - Venus Stewart, 32, Colon, 28 April 2010 - # 5 *D. Stewart guilty*

[PickieChickie]

All I'm finding is that the temporary custody order stays in effect until the permanent order is issued.

And that, most of the time, the person who has temporary custody goes on to win permanent custody.

This is really kinda confusing because Venus was in Michigan with the kids, and Doug had filed for divorce in Virginia.

According to everything I've read (and I think cubby posted it, also), Venus couldn't file for divorce in Michigan until she had been back there six months. Then there would be another 180-day "cooling off" period before the divorce would be finalized. So my guess is that the temp custody order would be in effect until the divorce was finalized.

This is where we need two lawyers in this thread--one from MI and one from VA. ha.

This is what I suspected. This order was a temporary order that was to expire on the date of the next hearing.

What was the next hearing date? This is another question I had. Regardless of whether or not Venus moved to Michigan, there was another hearing scheduled and her temporary custody would expire if she did not show up for court!

 

[BeanE]

I don't know if it different between husband and wife

but i do know someone that has custody of her great grandchildren
the papers are drawn up like reg custody papers

the papers state she has temporary custody and the mother has 1 hr a week visits
its states either by phone or visit

Oh I wonder the Stewarts' temp custody order was written that way - that it could be phone *or* in person. I sure wish we could get a copy of that order.

 

[BeanE]

Subtle shift in how things have been worded in the newest article. The older ones say things like this:
Anyone with any information about her whereabouts is asked to call Michigan State Police at 269-483-7611.
I take that to mean, if you think you know where Doug buried her, please call.
The newest plea is this:
If anyone has seen Venus, please contact the MSP White Pigeon Post at (269) 483-7611 or after hours at the Rockford Regional Dispatch Center at (616) 866-6666.
http://www.southbendtribune.com/article/20100518/News01/5180362/-1/googleNews
Do they mean, hey, if you saw a corpse that looks like her, please give us a jingle.
Or is LE beginning to wonder if Venus is alive?

That is interesting. I wonder if that wording was at LE's prompting, or if the reporter decided on his/her own to use that wording.

Also in that article:

"Douglas Stewart is our person of interest, and the only person of interest," Risko said

So, despite all leads they've found, and all leads and tips and ideas that people have sent in, they still name Doug as the one and only. Very very interesting. Either the MSP is fraught with incompetents with tunnel vision, or... they're onto something... and maybe... they know something we don't know. How I wish I was a bug on the wall at the old Pigeon Post.

 

[believe09]

Oh I wonder the Stewarts' temp custody order was written that way - that it could be phone *or* in person. I sure wish we could get a copy of that order.

I have seen a set of orders like this for a different state, and the order actually has a section on it where visitation by phone call can be checked off by the judge. Hours can be listed because it has a section under the check box for modification or specification by the judge.

The forms are standardized-although that is no gtee that MI uses forms like this...

 

[BeanE]

Not unfit, but the DV convictions will play heavily in a final decision. That is one of the things taken into consideration for custody in the link I posted earlier. I don't think she would win a custody battle. I think it's entirely possible DS agreed to let the girls stay with her til he could get back to MI and get on his feet. MOO

That would interesting if he agreed to it. I wonder if that would mean those DV convictions no longer concern him because he doesn't think Venus any longer has the propensity for violence, or if that would mean those DV convictions do concern him, that he does think Venus still has a propensity for violence, but he just doesn't care about his kids' safety.

I sure we could get a copy of the custody order. The hearing minutes too!

 

[Calliope]

The reciept in itself is not enough because it doesn't place him at the scene. At best (or worst, depending on your point of view) it may place him in Ohio the day before.

So, it depends on what his alibi is. For example, what was he doing on sunday and where was he on monday. If his alibi holds for monday, but he can't account for sunday, it doesn't matter if the reciept was there or not because it doesn't place him at the scene and there would be evidence that he was elsewhere. If his alibi for monday does not hold, then the reciept would place him in the vicinity of the great leaks area the day before, and therefor he *could* have been in Colon on monday, allthough it doesnt prove that he actually was.

In other words if he turns out to be involved the reciept can be used to build a picture of his movements prior to the incident, but they would still have to find something else to actually place him at the scene. That could be the tire tracks, if they match, or dirt or other "local" evidence that might have adhered to the vehicle. That was the surprising thing about the search warrant they executed on the truck, they didnt take the evidence you would have expected them to look for first in such an investigation.

BBM

Oh, I know and agree with you. I'm just pointing out that perhaps it wasn't DS who purchased those items.

 

[Calliope]

Unless we see the actual court order we can't be sure what exactly it specified. I think the telephone visitation is what was reported in the media, but that may just be paraphrasing what they were told he was actually doing, not what he was allowed to do.

I shouldn't post when sleepy lol

I was a bit confused by the inclusion of "only" in that post, which implies DS is forbidden from seeing his children in person.

 

[believe09]

I wont speak for Natal, but it would not be out of the realm of possibility that given the tender age of the children and the nature of the statements that were made to the judge in order for VS to obtain the RO and the TO, the judge issued a "no contact order" (as in no in person visitation) until the hearing.

Most orders like this expire at the hearing date, and then they are either renewed or cancelled.

 

[thinkaboutthis]

I shouldn't post when sleepy lol

I was a bit confused by the inclusion of "only" in that post, which implies DS is forbidden from seeing his children in person.

I agree...We haven't seen an order that says he is "only" allowed to call them. I would find that to be very out of the ordinary if he is only allowed to call. TM said on NG he has the right to call the children once a day but did not disclose anything further. My guess is that there are other temporary provisions allowing for him to see the children when he can be around to do so.

The telephone calls each day would be understandable for someone who is 1100 miles away to stay in touch with their kids.

 

[believe09]

That would interesting if he agreed to it. I wonder if that would mean those DV convictions no longer concern him because he doesn't think Venus any longer has the propensity for violence, or if that would mean those DV convictions do concern him, that he does think Venus still has a propensity for violence, but he just doesn't care about his kids' safety.

I sure we could get a copy of the custody order. The hearing minutes too!

I am with BeanE in that the DV charges have to be carefully played by DS. He has to perpetuate the notion that she up and ran with the kids or he will not look very consistent if he decides to fight for them.

If VS is not available for the hearing date, I wonder if it will be postponed???

 

[believe09]

I agree...We haven't seen an order that says he is "only" allowed to call them. I would find that to be very out of the ordinary if he is only allowed to call. TM said on NG he has the right to call the children once a day but did not disclose anything further. My guess is that there are other temporary provisions allowing for him to see the children when he can be around to do so.

The telephone calls each day would be understandable for someone who is 1100 miles away to stay in touch with their kids.

Why do you think it would be out of the ordinary? I had a friend who went for a RO against her husband who was several states away. The judge suspended the visitation in person of Dad, but allowed for phone calls nightly. The children were also very young, and given what Mom was claiming, he (the judge) was not going to take a chance regarding the safety of the children. The order was extended multiple times as well. FWIW.

I think it is practical...most of these temporary orders last for what, 3 weeks before a hearing is scheduled??

I would love to know when the hearing date for this case is....

 

[PickieChickie]

I am curious if Venus revealed, in her application for the Protective Order, that she intended to move back to MICHIGAN with her parents. If the judge was aware of that, it would make sense for a telephone visitation schedule order.

 

[mommame]

That would interesting if he agreed to it. I wonder if that would mean those DV convictions no longer concern him because he doesn't think Venus any longer has the propensity for violence, or if that would mean those DV convictions do concern him, that he does think Venus still has a propensity for violence, but he just doesn't care about his kids' safety.

I sure we could get a copy of the custody order. The hearing minutes too!

but.........if he agreed to all of this .......then why would VS leave there with NO clothing for the kids? I don't think he knew about her leaving at all.

 

[thinkaboutthis]

Why do you think it would be out of the ordinary? I had a friend who went for a RO against her husband who was several states away. The judge suspended the visitation in person of Dad, but allowed for phone calls nightly. The children were also very young, and given what Mom was claiming, he (the judge) was not going to take a chance regarding the safety of the children. The order was extended multiple times as well. FWIW.

I think it is practical...most of these temporary orders last for what, 3 weeks before a hearing is scheduled??

I would love to know when the hearing date for this case is....

I'm saying it would be out of the ordinary in a normal divorce case. She asked for and was denied an Emergency PPO a few weeks before she was granted the PPO she currently has. So we can't assume that the court is going to automatically restrict the husband from any visitation. If they did, it would obviously, not be normal.

 

[PickieChickie]

I'm saying it would be out of the ordinary in a normal divorce case. She asked for and was denied an Emergency PPO a few weeks before she was granted the PPO she currently has. So we can't assume that the court is going to automatically restrict the husband from any visitation. If they did, it would obviously, not be normal.

In California, an Emergency Protective Order is an order that is put into effect usually the same day the petitioner files. If the petitioner signs a declaration under penalty of perjury that their life is in danger should the defendant be notified, the order can be put into effect without the respondent (person to be restrained) being notified and without a hearing.

This Emergency Protective Order is in effect until the hearing date which is usually at least two weeks later to allow time for the defendant/respondent to be served and to file their responsive declarations and prepare their defense.

Because Venus was denied the Emergency Protective Order but was granted a Temporary Protective Order, I am left to assume this order was good for two years.

There is really no such thing as a permanent restraining order as they generally all expire within two to three years after which the protected person must refile, something which I find to be ridiculous in many cases.

 

[BeanE]

She asked for and was denied an Emergency PPO a few weeks before she was granted the PPO she currently has.

We need to get that into the timeline. Do you have the date and details for that PPO, think?

TIA

 

[PickieChickie]

Is there anyone participating in this thread who lives near the Michigan courthouse where Venus filed for the Protective Order?​

 

[thinkaboutthis]

We need to get that into the timeline. Do you have the date and details for that PPO, think?

TIA

http://www.mlive.com/news/kalamazoo/index.ssf/2010/04/missing_st_joseph_county_woman.html

Ok, I just went back to the article...the one that was denied was in March 2009, not 2010...I apologize.

 

[thinkaboutthis]

Is there anyone participating in this thread who lives near the Michigan courthouse where Venus filed for the Protective Order?​

BlackDog...wanna go on a document run for us?

Somebody put together a list of the docs we need. Maybe BlackDog or LionKing would be able to procure them.

I'd like to see several...including...

#1. Transcript of the 911 call or audio.
#2. MSP Police Report from 4/26/10
#3. Police report of criminal allegation against LM
#4. Custody docs

In no specific order.

 

[Kimberlyd125]

IMO all this about divorce filings, restraining orders, abuse allegations, parent statements, wet-man etc... is overwhelming the simple facts of this case.

JMO - This relationship was volatile to the point of all those things stated above. Neither VS or DS were angels during this relationship, IMO. I think we all agree their kids were paying a hefty price for that.

Now, when I say the simple facts of THIS case, I am referring to this…
-Venus takes her kids to 4 states away and has temp custody of them.
-Venus says she is scared DS will kill her.
-Venus makes out a will.
-Venus comes up missing, most likely abducted (says MSP)
-DS is named POI really early on in the case.
-DS has receipt for shovel, cap, gloves, and tarp in his truck (from a store that would have been on the way from VA to MI).
-DS does not cooperate with MSP and gets an attorney.

I understand stranger things have happened, but the implications that VS just walked away after framing DS for her abduction/possible murder makes no sense to me at all.

In a lot of posts, it seems some are trying so hard to defend DS and make VS look bad by her actions previous to this crime. IMO The fact VS is missing and DS is a POI means a lot.
What she did 2 years ago has no bearing on this case IMO.


VS is the victim until MSP says otherwise.