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Igor's nolo contende to domestic abuse 2008


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Igor's nolo contende to domestic abuse 2008

  1. 1. FOR YOulZ RECORDS STATE OF MAINELocation PORTLAND DISTRICT COURTDocket No. PORDC-PA-2008-00605 •..•...LORI M HANDRAHAN ORDER FOR PROTECTION V. FROM ABUSE 19-A M.R.S.A. section 4007IGOR MALENKO After due notice and ~ opportunity for full hearing [] full hearing on the meritsof the complaint for Protection from Abuse, the following parties being present:~ Plaintiff ~ Defendant,THE COURT FINDS THAT: (only checked boxes apply)~ (1) The parties are family or household members;[] (2) The parties are dating partners or plaintiff is a victim of defendants sexual assault or stalking.[] (3) The plaintiff was abused by the defendant;[] (4) The defendant presents a credible threat to the physical safety of the plaintiff/minor child(ren);~ (5) The parties have agreed to the following Order, which is made without findings of abuse.THEREFORE, it is hereby ORDERED THAT:~ (A-1) The defendant is prohibited from threatening, assaulting, molesting, attacking, harassing or otherwise abusing the plaintiff and any minor child(ren) residing in the household.~ (A-2) The defendant is prohibited from the use, attemped use or threatened use of physical force that would reasonably be expected to cause bodily injury against the plaintiff or a minor child residing in the household.~ (B) The defendant is prohibited from having any contact, direct or indirect with p~aintiff ~ Except contact permitted in paragraph I and/or 0 below [] Except ----------------------------------------------------------------------------------~ (C) The defendant is prohibited from going upon the premises of the plaintiffs residence.~ (D) The defendant is restrained from, repeatedly and without reasonable cause, following the plaintiff.~ (E) The defendant is restrained from, repeatedly and without reasonable cause, being at or in the vicinity of the plaintiffs home, school, business or place of employment.~ (F) The defendant is prohibited from possession of a firearm or other dangerous weapon.~ (G) The plaintiff is granted possession of and the defendant is excluded forthwith and prohibited from entering the residence at 28 FRANKLIN TERRACE, SOUTH PORTLAND ME[&J (H) ~ leclvt. and is entered: <>7 II .~~- ••••.~ (I) The plaintiff is awarded temporary parental rights and responsibilities (custody) of minor child (ren) , whose names and dates of birth are as follows: _ !l1dCl. 11a.er1ko, diD)) JI/;J..q/ow The defendants rights -5lc.. oc.c.I,...l- O~ -per-50/ .she,- 0. ~o kPA-009, ~v. 08/2007 #..!ire o[ re. I.....e.Sc1.~f <!r 7/1.••.rJc c..y
  2. 2. Location PORTLAND DISTRICT COURTDocket No. PORDC-PA-2008-00605 <, -- ~-.--VIOLATION OF AN ORDER CONTAINED IN PARAGRAPHS (A) THROUGH (I) ISALWAYS A CLASS Dr AND SOMETIMES A CLASS C CRIME.POSSESSION OF A FIREARM OR. AMMuNITION WHILE THIS ORDER IS IN EFFECTIS PROHIBITED UNDER FEDERAL AND/OR STATE LAW IF ANY ONE OR MORE OFTHE FOLLOWING BOXES HAVE BEEN CHECKED: A-I, A-2, OR F.It is further ORDERED AS FOLLOWS: (only checked boxes apply)[] (J) The defendant shall pay child support pursuant to the attached child support order.~ (K)[] (L) per (week) (month) toward the support of~ (M) The with or destroying plaintiffs property.[] (N) The goods are divided as follows: and the following order for protection of property is entered: _~ (0)~(P) I/)Ih(o,o,:t<...y , tu ti.J CGUy£L, W~O Sh",,11 n,,€I 1I?vlS1t1 TftYM tv tJlf Otic, . I...t2"....:x1U-ct-, as a direct result of the abuse,[] (S) The (defendant) (plaintiff) pay to -------------------------- the sum of $ as counsel fees; the sum of $ as court costs. Payment is to be made within days, execution to issue.~ (T) No child support order is issued at this time (but will be ±.~.~t""tl AR ,.,eo"" ilk 11,,=· =:::e O:;:::t:::i:::!~,s::o::tf!~::r~~;tj~~~r"n* 16fflly (h~~+kr, f!!:r: ~~±:d : IWARNING: VIOLATION OF PARAGRAPHS "J" THROUGH "T" MAY BE CONTEMPT OFCOURT. THESE PARAGRAPHS ARE ALSO ENFORCEABLE AS A CIVIL JUDGMENT.WARNING TO THE DEFENDANT: AS LONG AS THIS ORDER IS IN EFFECT, YOUMUST OBEY IT. NO ONE, INCLUDING THE PLAINTIFF, CAN GIVE YOUPERMISSION TO VIOLATE THE PROVISIONS OF THIS ORDER. This order is effective forthwith and shall remain inforce and effect until ~w~h~w~/~3~O~lO=_ _unless earlier modified or vacated by order of court or, with respect to Child Supportor Parental Rights and Responsibilities, by a Case Management Officer. It is ORDEREDthat a copy of this Order be served in hand on the defendant by the following lawenforcement agency: _PA-009, Rev. 08/2007 Page 2 of 3
  3. 3. Location PORTLAND DISTRICT COURTDocket No. PORDC-PA-2008-0060S <, .:Copies of this order shall be furnished by the clerk to the law enforcement agency withjurisdiction in the location of the plaintiffs residence. This Order is incorporated into the docket by reference pursuant to M.R.Civ.p 79(a).Date: &/&/0 g / -I ~iatl.:,!:·:~;~t:it~?!2~t0 --.= rDepilty) Clerk********************************************************************************************PA-009, Rev. 08/2007 Page 3 of 3
  4. 4. STATE OF MAINELocation PORTLAND DISTRICT COURTDocket No. PORDC-PA-2008-00605 ,...... .. , .LORI M HANDRAHAN ORDER PROHIBITING V. POSSESSION AND REQUIRING RELINQUISHMENTIGOR MALENKO OF FIREARMS AND WEAPONS (19-A MRSA Section 4006,4007) Based on the complaint and/or the Final Order, the defendant is prohibited frompossessing any firearms and the dangerous weapon(s) described below for the duration ofthe [] Temporary [] Final Order in this case. Within [] 24 hours [] hours after service of this Order, Defendant is ordered torelinquish all firearms and any dangerous weapons listed below in the Defendantspossession to a law enforcement officer or other individual for the duration of the order.Description of dangerous weapons prohibited and to be relinquished: _ If the firearms and/or weapons are relinquished to an individual other than a lawenforcement officer, the defendant must, within 24 hours after such relinquishment, /,complete the Notice below and file it with the [] court or [] local law enforcement agencydesignated in the order.Date: tt/IP/6lC NOTICE OF RELINQUISHMENT OF WEAPONS The firearm(s) and/or dangerous weapon(s) listed above have been relinquished to anindividual whose name and address is: The firearm(s) and/or dangerous weapon(s) relinquished to the above named individualare: (List each item relinquished and describe. Attach separate paper if necessary.) This notice is being filed with [] the court [] the law enforcement agency designatedin the order, within 24 hours after said relinquishment.Date: DefendantPA-016, Rev. 09/03 Page 1 of 1
  5. 5. Reset Form STATE OF,MAINE DISTRICT COURT Location Portland Docket No. _ Plaintiff: Lori M. Handrahan o individually and on behalf of: COMPLAINT FOR PROTECTION [!I on behalf of: FROM ABUSE Mila Malenko (19-A M.R.S.A. §§ 4003 et seq.) v. Defendant: Igor Malenko o on behalf of: -------------------- 1. Plaintiff information: Full name: ....:L::.:o:::.!r~i ~M:..:;a::::.y.L!..H.!!a:!!n~d:!!rC!::a~h!!:a:!!n.!..._ __ ~ _Gender: 0 Female 0 Male Date of birth: 05/30/1969Present street address, city and telephone number: (list only your name if address is to be kept confidential and completeform PA-015, Affidavit for Confidential Address, which can be obtained from the clerk). _~---- _ 28 Franklin Terrace, South Portland, ME 04106If different, mailing address: -------:----:--c~-:__--------~------------- 2. Defendant information: Full name: ..!;lq::1.o~r .!.!M~a~I~eC!..!n~k~o~ ----,- _Gender: 0 Female BMale Date of birth: ~0~5!....:/3:::.:0~/..!...1 ~97!...:3~ _Race: ~ White 0 Black 0 Asian or Pacific Islander 0 American Indian or Alaskan Native 0 UnknownPresent street address, city and telephone number: --.:u=,-,n!..!!.!.kn~o..!.w~n!...-. --, _If different, mailing address:.--:--: ~-::-:-:=-_--=-_--,c-----:-_-:-:--:--:--:-- __ -:----=---=- __ ---:-":-- ~-:-:- _ 3. Plaintiffs former residence (if different from above), which plaintiff has left to avoid abuse: (street address, city,state): -=,-__ --;:::::::;- ---;::::;:;- _ 4. Plaintiffs relationship to the defendant is: [lspouse; 0 former spouse; 0 father/mother of my child(ren);o relative; 0 former or present sexual partner; 0 presently living together. 0 dating partner; 0 victim of defendants sexualassault; 0 victim of defendants stalking. If none of the above, describe relationship: 5. Plaintiff and defendant are the parents of the following child(ren). Name Date of Birth Gender Present Address Mila Malenko 11/29/06 _F_ 28 Franklin Terrace, S. Portland List below where and with whom the child(ren) have lived within the past 5 years. Name and present address of Dates child(ren) lived Town and State where child(ren) person child(ren) lived with with that person lived with that personPlaintiff Late May 08 - present ..:;:;:i..:... • ..:...t-...:;.O..:...n::.:..;la:::..:n..:...a:::2,~IV.:..:I.:::t:-- _Plaintiff & Defendant Sept 05 - late May 08 S. Portland, ME (2 mo in Budapest)Plaintiff & Defendant June 05 - Seot 05,~M...:...=:E__ _ 6. The person who has primary physical residence of the above-named child(ren) is _P---"a .•.• ;1..Io.llt;ffll...- _ 7. Plaintiff has not been involved in any way in, and has no information about, another court case in any stateconcerning the custody of the child(ren) except as follows: III Divorce or Family Matter Actiono Protective Custody 0 Other (describe what kind of other case) :---:-- -:---- _ 8. No one other than the parties has physical custody of the child(ren), or claims to have custody or visitation rightswith respect to the child(ren), except as follows: ~ _ 9. Check all of thefollowing that apply: o I am in immediate and present danger of abuse by the defendant, and I ask that the court issue a temporary order to protect me without prior notice to the defendant. Q] My child(ren) are in immediate and present danger of abuse by the defendant, and I ask that the court issue a temporary order to protect my minor child(ren) without prior notice to the defendant. o I am not asking for a temporary order.PA-OOI, Rev. 08/07
  6. 6. 10. Answer the following questions: Does defendant have access to a firearm? 0 Yes 0 No Does defendant possess a firearm? 0 Yes IIINo Has the defendant ever used a firearm in an intimidating, threatening or abusive way? 0 Yes III No If yes, please explain: ~ ~ ~ ---_ 11. I base my claim for protection from abuse on the following facts: Describe the abuse. State who committed theabuse. when it occurred and who was abused. (If additional snace is needed attach another sheet.) 12. One or both of the parties ate involved in the following related cases: III Divorce or Family Matter action 0 Protection from Abuse 0 Criminal ComplaintIf there are any court orders awarding custody, visitation, etc. for the children or any court orders against the defendantor any actions pending against either the plaintiff or the defendant, give details: _ 13. 0 Public assistance benefits have been or are now being received for the child(ren) o The Department of Human Services has been contacted to set up, review, change or enforce a child supportorder regarding the child(ren). (If an order has issued, a copy of the order must be attached to this complaint). If eitherof the above statements is checked, you must send a copy of this complaint to the Department of Human Services, SupportEnforcement Division, Central Office Supervisor, State House Station 11, Augusta, ME 04333-0011. 14. 0 To the personal knowledge of the undersigned, Defendant is not in the Military Service of the United States, asdefined in Article I of the "Soldiers and Sailors Civil Relief Act of 1940" as amended. This fact is evidenced by thefollowing facts as to residence, employment, etc.: _ THEREFORE, I ASK THE COURT TO:!!1 (a) Order the defendant to stop abusing me and my minor child(ren) living in the household.o (b) Order the defendant to have no contact with me, directly or indirectly E:J or my minor children.1!1 (c) Order the defendant not to enter my separate residence.[!] (d) Order the defendant to refrain from repeatedly, and without reasonable cause, following me or being at, or in the vicinity of, my home, school, business or place of employment.El (e) Order the defendant not to possess or use a firearm or dangerous weapon.o (f) Give me possession of and order the defendant to leave immediately and not again enter my residence located at: 28 Franklin Terrace, S. Portland, MEo (g) Give me possession of the following personal and household property:o (h) Award me custody of the following child(ren) (names and ages): Mila Malenko, 1 year old.III (i) Give the defendant the following visitation rights with the child(ren): Supervised visitation with an appropriate professional supervisor pending the GALs investigation and recommendations in the family matter and thereafter such contact as may be agreed upon or ordered in the family matter.!ZI (j) Order the defendant to receive counseling, to pay support for me and/or our child(ren), pay damages for lost0. (k) Other relief requested: Return of daughters passport to Plaintiff. V wages or injuries, pay court costs and attorney fees, and enter any ot~ecessary orders.Date: 6/6/08 . . -="7~i:.".;~~;·-·---;>,,£/~-____:=--=~::::::====-- ~laintiff Personally appeared the above named Plaintiff and oath to the truth of the statements in the abovecomplaint, before me,Date: 6/6/08 _Cl~n
  7. 7. I am seeking an order for protection from abuse against my husband, Igor Malenko, onbehalf of our daughter, Mila, because I am very afraid for her safety based his history ofphysically abusing me with Mila in my arms and without regard to her safety, throwingthings at me that could easily have hit her instead, again without regard to her safety,delusions he has suffered at times that cause me to be concerned about his ability tosafely care for her when he is one of those states, and his even mistaking her for the dogon one occasion while in a state.My fear and request for protection are based in part on the following history:Igor has a long history of violence, not just against me but against others. At the age of16, he knocked a classmate into a coma and was ordered to obtain psychologicaltreatment. After that, Igor suffered incredible atrocities that are not his fault, but thathave left him even more dangerous. He was a member of the JNA, the YugoslavNational Army, and was severely tortured in the Balkan war, which was known for its~"L.~ ••• ~L.~L~l~LJ .~~ ~.~~~lL, 1.~ ••~~ r 11(")I(")01(,.lIl nl«(.nll-rl)"A lInn «DAnTTlrnAln lIpsychiatric hospital, and has been diagnosed subsequently with PTSD by True North. Ialso believe he suffers from bipolar disorder, although I am not certain whether there hasever been a formal diagnosis. There has not been one here, but might have been one inYugoslavia.When Igor has been in manic states, he has, among other things, thrown things at me,even when I have been holding the baby and nursing the baby, slapped me very hard, alsowhile I was nursing our baby, and thrown a jar at my head. While we were living inBudapest last year, he also repeatedly threatened to kill me, forcing me to flee the countrywhere I had a tenure track academic position. At other times, when Igor is not in a manicstate, he can seem quite fine, and I have repeatedly taken him back based on promises hewould seek appropriate help or treatment, was sorry, would not behave that way again,and also based on my feeling that my daughter needs her father in her life but that hersafety could only be assured by my being there as well.Igor is once again in a manic state, and I am very fearful what he might do. Just twoweeks ago, he forced open my bedroom door (which I had blocked) while my daughterand I were asleep, terrifying me, demanding to kiss our sleeping daughter, and makingthreats if I do anything to "take his daughrer" fmrn him l-iA t1;t1 n(")t«nA(.;fvmbt hAwould do, but based on the past specific threats to kill me and past violence during manicattacks, I am extremely concerned by these threats. Also, while the threats were phrasedin a conditional way of "if I" did something, he has a history of misperceiving situationsand could take almost anything as an effort to take his daughter," including thisComplaint, especially now that I am seeking protection on our daughters behalf, which Iwas trying to avoid on the advice of counsel in order to avoid triggering him if I couldotherwise provide for her safety.Without a protection from abuse order, I do not believe that my daughter will be safe orthat anything will keep him from grabbing Our daughter since he has made it clear that heintends to do exactly that if there is only an order with respect to me that does not
  8. 8. expressly apply to our daughter. Even with a protection from abuse order, I will be verynervous for Milas safety because Igors actions tend not to be premeditated but insteadimpulsive. But the order should ensure an ability for supervised contact that will permither to be safe while ensuring they are still able to have contact and maintain arelationship.