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00:00Right now, he's requesting damages for filing a false restraining order.
00:06I don't see anything threatening here.
00:08This is somebody who is trying to enter my residence.
00:12He owns the home.
00:14You had a kerfuffle.
00:16He punched me in the face.
00:17No, Your Honor.
00:18This is Judy Justice.
00:39You had a kerfuffle.
01:00You're welcome.
01:01Mr. Birnbaum, you and the defendant know each other for a very long time.
01:05You have two children, two young children.
01:07How old are they?
01:08Five and two, Your Honor.
01:09You last lived together when?
01:11We didn't live together.
01:12Ever?
01:13No, Your Honor.
01:14In what state do the two of you reside?
01:17California, Your Honor.
01:18How far do you live from each other if you don't live together?
01:21Since you have children together, how far away?
01:23Roughly 500 miles, Your Honor.
01:25For how long have you lived 500 miles away?
01:27I'm going to say at least 15 years, Your Honor.
01:30Well, at some time you were closer because you have two children, five and two.
01:34Correct.
01:35We did, at one point, live close to one another.
01:38Okay.
01:39When the children were born, did you acknowledge paternity?
01:42Were there court-ordered visitation custody proceedings?
01:45I signed the paperwork to acknowledge paternity.
01:49However, I was forced on both cases to have an attorney file to get parental rights, Your Honor.
01:56You signed the papers indicating that you were the father of the two children.
02:00You don't deny that he's the father of the two children, correct?
02:03No, he is the father of both children.
02:05Okay.
02:06You have parental rights.
02:07You wanted to exercise those rights with regard to either visitation or custody.
02:13Yes, Your Honor.
02:13Okay.
02:14And when did you hire an attorney to do that?
02:17Approximately seven months after the first child was born in 2019.
02:24Okay.
02:24And what kind of visitation custody arrangements were worked out between the two of you?
02:29I got the Monday through Friday, the third week of every month, Your Honor.
02:33Well, that doesn't work out if you live 500 miles away from each other.
02:37Yes, I was required to pay for all the travel, pick up the child, bring them back to San Diego,
02:43and then return them to...
02:44Well, it doesn't make any difference.
02:45It doesn't last long.
02:46The child has to go to school.
02:48So you can't take the child out of school the third week out of every month.
02:51So that had to be modified at some point.
02:54Yes, Your Honor.
02:54We're going to arbitration for that currently.
02:56Okay.
02:57And do you see the children now?
02:59Yes, Your Honor.
02:59Boys or girls?
03:00Two boys, Your Honor.
03:01Ms. Beshears, when for the first time did you file a protective order against Mr. Birnbaum?
03:08July of 2019.
03:09July 2019.
03:12And what happened with that protective order?
03:14The emergency order was denied, but I later dropped it.
03:18You dropped it.
03:19Correct.
03:19And you had two children after that.
03:21And when was this next time you filed for a protective order?
03:24The next protective order was actually issued.
03:27It was an EPO order, and that was issued by a judge when the police came to my house.
03:32Would you please tell me the month and year?
03:34That was December of 2021.
03:37December?
03:38Correct.
03:38December of 2021, an EPO was issued.
03:42Was that ever made final?
03:44No.
03:44Was there ever a hearing on that?
03:46No.
03:47So it was dropped?
03:48Correct.
03:49When was the next protective order?
03:50The next request for a protective order, I filed in January of 2024.
03:59And what happened with that protective order?
04:01I was denied a temporary order.
04:03Okay.
04:04So you were denied a TRO.
04:06Based upon location.
04:07Shh.
04:07Just a second.
04:08Denied a TRO.
04:09Were you ever granted a protective order?
04:12Final.
04:13The answer is yes or no.
04:15Are we specifying that case?
04:16Just that case.
04:17January of 2024.
04:19No.
04:19Did that case go to trial?
04:21Yes.
04:22Was it dismissed after trial?
04:24Yes.
04:25Were there any other protective order filed by you?
04:29Yes.
04:30When?
04:31June 24th of 2024.
04:33And that was due to some threats that were being made to me.
04:36Just a second.
04:37I'm going through.
04:38June of 2024.
04:40Was a TRO issued?
04:42Yes.
04:43Ex parte.
04:44You alone.
04:45Was there a trial?
04:46We had a hearing, not a trial.
04:48Did you testify?
04:49We both sat in front of a judge.
04:52Yes.
04:52We did both speak to a judge.
04:53It's not speaking to a judge.
04:55We're not having a cup of coffee.
04:56You went.
04:57You had a hearing slash trial.
04:59The judge took testimony.
05:01You swore to tell the truth?
05:03True.
05:03Yes.
05:04You told them what you were complaining about?
05:06Yes.
05:06Well, that's a trial.
05:08What happened after the trial?
05:11Because?
05:11Not because.
05:12Okay.
05:13Two things happened.
05:14Either you were granted a final order of protection.
05:16The judge stated that he wanted.
05:17No, no, no.
05:18Don't tell me what the judge stated.
05:20Okay.
05:20What I'm asking you is, were you granted a final protective order?
05:25I was told to refile in a different county.
05:28So the answer was no.
05:29Correct.
05:30The judge took testimony.
05:32Now I'll see the judge telling you to file in a different county.
05:35Because that's what your case is about, these series of protective orders.
05:39Yes, Your Honor.
05:39This is the order, and I have it highlighted at the bottom where he's stating to refile.
05:50No, that's not what happened here at all.
05:54The order after this hearing is the parties agreed to change a venue for custody,
06:00and that case shall be transferred to Fresno County.
06:04The matter regarding venue for the restraining order is taken under submission.
06:08That's what this says.
06:11The judge on his own, who heard the application for a restraining order,
06:18took it upon himself to contact the judge in the other county, in Fresno County.
06:23And the other judge in Fresno County advised,
06:26it is unclear whether the respondent, and that would be you.
06:30Right.
06:31Because he was the petitioner in this custody case.
06:33It is unclear whether the respondent's, yours allegations are duplicative of her previous request
06:41of a restraining order in Fresno County, which was denied.
06:50I just couldn't tell you that I traveled cross-country to California
06:55to have a loved one taken care of medically here in California.
07:00And you're telling me you want to move from California to Missouri to take care of me?
07:05That's such a crock of baloney.
07:17Nathan Birnbaum claims his ex-girlfriend, Heather Bershears,
07:22owes for the cost of filing false restraining orders against him.
07:26So the judge doesn't know whether the request was duplicative or not of these threats that were made to you.
07:32So the judge says, since that matter and the bulk of the custody case is in Fresno,
07:38the court rules that the proper venue for the respondent's, TRO,
07:43in order to avoid conflicting custody orders is Fresno.
07:48The court would be in a better position to assess whether the issues raised by the respondent,
07:55that's you, have already been heard by the court in Fresno.
08:02So then you go back to Fresno.
08:04And what did the court do in Fresno?
08:07I chose not to pursue it because Fresno is two and a half hours away.
08:10Oh, no, no, no, no.
08:12You were in Fresno before, madam.
08:14Correct.
08:14And Fresno denied the application before.
08:17Correct.
08:18And then this judge said, hold on a second, I just spoke to the other judges in Fresno.
08:23They denied that application.
08:24Now, my next question to you is, did you have any plan at any time in the last two years
08:33to relocate to another state?
08:36That's a yes or a no?
08:38Yes.
08:38Where were you planning on moving?
08:40Missouri with my sister.
08:42And when did you advise Mr. Birnbaum that you were planning on moving,
08:47or did he find that out from one of your children?
08:49No, this had been a discussion that had started in October in between me and Mr. Birnbaum.
08:53And I do have emails that reference.
08:55I'd like to see them.
08:56That go into court to solidify.
08:58I'd like to see them.
08:59He was opposed to your moving to Missouri.
09:01Correct.
09:03As well, he should oppose your moving to Missouri.
09:06And there's new orders on that case, Your Honor.
09:08Is that case concluded?
09:09Yes, Your Honor.
09:11It's scheduled for arbitration, but that's the blocking the move away request.
09:17This is what?
09:18That is the judge's order denying the move away request for Heather Bishers.
09:22Oh, I would have assumed that the request to move to Missouri was denied.
09:26Right now it is denied, and we're planning on proceeding forward with both of us in California.
09:30But we have to come up with some more permanent structure, so our case is not closed.
09:34It is ongoing.
09:36Well, Ms. Bishers, this is relatively gratuitous on my part.
09:40You can move wherever you want to move.
09:42This is a free country.
09:44You have the right to move from one place to another until you have children.
09:48And when you elect to have children, those children have two parents.
09:51And just because you want to move closer to your sister, to Missouri, doesn't mean that you can move with
09:57your children.
09:57You couldn't move to Missouri to be with your sister.
09:59You just can't take your children.
10:01I assume you don't work.
10:03Right now I take care of my son who was born prematurely.
10:05Just a second.
10:06I assume you don't work.
10:08Currently I do not work.
10:10So you're certainly not moving there because you're relocating for work.
10:15You want to move to Missouri, I assume, for family reasons.
10:20And the health care.
10:21There's a health care Mercy Children's Hospital throughout the state.
10:25Oh, that's baloney.
10:26And any judge worked there, Salt, is going to know.
10:29You live in the state of California.
10:30You're going to tell me Missouri has better health care than the state of California?
10:34In regards to the amount of specialists for breathing issues, there's a higher quantity than right now.
10:42California's really backed up.
10:43That's a yabbity, yabbity, yabbity, yabbity, yabbity.
10:46I'm going to tell you something.
10:47That's a lot of baloney.
10:48And it just so happens that your sister lives there?
10:52I mean, any judge who's going to use their common sense is going to say to himself, she just told
10:56me that her sister lives there.
10:57Well, then she did evaluation, and then she was told, because this is not a dumb woman, because I don't
11:03think that you're stupid, Ms. Beshears.
11:05I think that you wanted to move, and you did research after you decided to move, and he was going
11:11to block you.
11:12And you said, well, I need a reason.
11:13I need a reason to move, because I'm not moving to work.
11:17I'm not moving because I have to.
11:19I'm moving because I want to.
11:20And the reason I'm going to tell the court is because they have more doctors to address an issue for
11:28one of my children than they do here in California.
11:30And I want to tell you something.
11:32I think that that's baloney.
11:35I don't have to look at anything that you have.
11:38I just can tell you that I traveled cross-country to California to have a loved one taken care of
11:45medically here in California.
11:48And you're telling me you want to move from California to Missouri to take care of men?
11:53That's such a crock of baloney.
11:56Okay.
11:57You had hearings.
11:58Your hearings were dismissed or withdrawn.
12:02Mr. Birnbaum says that these allegations that you made in your application for a protective order were false.
12:10I'm going to examine the one that was done in Fresno, that was dismissed in Fresno, and then refiled.
12:20Now, it was dismissed after a hearing, Mr. Birnbaum in Fresno?
12:24Yes, Your Honor.
12:25Here's the paperwork for that case.
12:26May I see it, please?
12:36This application for a protective order was filed by you January of 2024.
12:43And in the application for a protective order, you describe a situation that occurred between the plaintiff and your daughter.
12:55That happened two years before, November 24th, 2022.
13:01That's when you identify the time when you had a kerfuffle and he used some bad language and told your
13:09daughter to get out of the house, and he got out of the house.
13:12And then it seems that, reading it a little further, he actually owns the home that you live in, but
13:17you pay rent.
13:18At that time, I have to...
13:19At that time, he owned the home that you lived in and you paid rent.
13:24Correct.
13:25Okay, so you, in January of 2024, two years later, you've used this event.
13:33Well, that's what it says, madam.
13:34You want to see this?
13:35That's what it says.
13:37I based it upon emails of November of 2023.
13:41No, no, no, no, no, that was baloney.
13:43I read that.
13:44That the judge probably dismissed out of line when he read it.
13:48I'm talking about the very specific narrative that you give here was November of 2022.
13:56That is one...
13:57That's either a yes or a no.
13:59That was one incident.
14:00Okay.
14:01And then you give another instance of December of 2021.
14:07Correct.
14:08That was the fiscal...
14:08Just a second.
14:10This is all in 2024.
14:16I have to evaluate whether or not these protective orders were filed as a ruse so that you could
14:27get a leg up in order to relocate to Missouri.
14:30That is my focus.
14:42Nathan Birnbaum has accused his ex-girlfriend, Heather Beshears, of making false claims that
14:49resulted in criminal charges against him.
14:52Now, in this case, you refer to an incident that happened December 17th, 2021, and your
14:59youngest child was in the NICU.
15:01He was born prematurely.
15:03He was at my house and started telling me to do things like clean the garage.
15:07I told him to leave my house, and he got angry.
15:10During the argument, he punched me in the face.
15:12I called the police because he had left to his home in San Diego.
15:17They said they couldn't do anything.
15:19I did get an emergency protective order, and that was one that was later either withdrawn or
15:25dismissed.
15:26Is that right?
15:27I didn't pursue it.
15:28That was either withdrawn or dismissed.
15:31Correct, and I do have that here, Your Honor.
15:33Permission to speak, Your Honor.
15:34What?
15:35Just to let you know, I did get charged with that.
15:37The court did review it in criminal court.
15:39They found that Heather Beshears lied about the incident.
15:42Just a second.
15:42If you have paperwork, I'll look at it.
15:44I don't have the criminal paperwork right here.
15:46It was just...
15:47Then forget it.
15:47It went to court and dismissed.
15:48I mean, I'm not...
15:48Yes, Your Honor.
15:49This is not impressive for me when somebody wants to travel to Missouri.
15:53Okay.
15:54This is further what you say with regard to your request for a protective order.
16:01You say, Nathan emails, calls, or texts me almost daily, this is January, threatening me with
16:08things like taking my children, entering my home by force, taking me to court, and other things.
16:14He is constantly harassing me and trying to provoke me, causing me anxiety and distress.
16:19Okay, now what I'm going to do, because this case has already been dismissed by the judge
16:25after a hearing, the judge heard your evidence and dismissed it.
16:30Now we're at a different part of the case.
16:33Now, because he is requesting that I grant him a monetary relief, I'm going to look at
16:41the texts that you're referring to, and those would be texts starting in December of 2023.
16:51You requested an emergency protective order.
16:55That means that something happened imminently.
16:59This was filed January 8th.
17:02Something had to happen immediately.
17:04Now, in December of 2023, I understand that the plaintiff found out that you were intending
17:11to move to Missouri.
17:13That's what he says.
17:15You may have been having discussions about it, but that's what you intend to do.
17:19And I have to evaluate whether or not these protective orders were filed as a ruse so that you could
17:29get a leg up in a proceeding to leave California jurisdiction, the children's home state, in order
17:37to relocate to Missouri.
17:40That is my focus.
17:42That would be your motive for filing a false restraining order, because you say, well, I have
17:48a restraining order against him, and therefore I should be able to move, and we'll figure out
17:54visitation.
17:54And he can see the children two weeks over the summer vacation.
18:00December.
18:01I'll even go to November.
18:04November and December.
18:06In October, he was threatening.
18:08I'm not interested in October.
18:09And here's November to where he's going to be and threatened.
18:11May I see?
18:12May I see that, please?
18:12I'm telling him that I'm going to file for a restraining order if this behavior does not
18:16stop.
18:16This is in November, the end of November, and I'm telling him.
18:19You're chatting.
18:20I can't.
18:20I'm looking at this.
18:21Okay.
18:24Are you kidding me?
18:26And I also have another one.
18:27Are you kidding?
18:27Are you kidding me?
18:29I have another one from November.
18:31I'm just asking if you're kidding me.
18:33Nathan Birnbaum to you wrote, here's what's going to happen.
18:36I'm not interested in speaking to you further.
18:39I am requesting that you leave it at that.
18:41I'm not interested in conflict with you.
18:43I will visit my kids to see my kids in peace, nothing more.
18:47I am wishing you a 60-day notice to vacate.
18:50It's his home.
18:52Now stop harassing me.
18:54He's saying to you, I will visit my kids as planned and then return to work.
18:59Now you tell me what's threatening about that.
19:01That primary residence is my home.
19:03Do you own it?
19:04Just a second.
19:05Do you own it?
19:06I paid the rent on it.
19:07I don't care.
19:07I asked you if you owned it.
19:09Mr. Birnbaum never lived there.
19:10I didn't ask you.
19:11I did not own it, but I was the leasee of the renter.
19:15He owns the home.
19:17He's telling you he wants the home back.
19:20He's giving you 60 days to vacate.
19:24That's not the subject of a restraining order.
19:28So what I'm going to...
19:28Ms. Beshears, you may be able to get over on somebody else.
19:31I've been doing this an awful lot for an awfully long time.
19:36Don't speak listening ears.
19:38God gave you two ears and one mouth for a reason.
19:41Okay, very good.
19:42Right now, he's requesting damages for filing a false restraining order,
19:46and this is what you claim is the basis for your filing restraining order in January.
19:51There is absolutely nothing...
19:53No, that was not the basis.
19:55Nothing, nothing here that is a threat.
19:58You're suing her for $10,000 for filing this series of false restraining orders.
20:03Yes, Your Honor.
20:03You got it.
20:04Judgment for the plaintiff in the amount of $10,000.
20:07We're done here.
20:08This court is adjourned.
20:14I think the court saw right through what the defendant was doing and made the correct decision.
20:19I would like it if he actually did focus on seeing his children and stop focused on arguing and fighting
20:24with me.
20:25I just want to see my kids stay away from her because this is ridiculous at this point.
20:29If he just focused on his children, there would be such great benefits of that for everybody, including myself.
20:36The Supreme Court of this country said a long time ago that fathers have the same rights to children as
20:42mothers.
20:43You can't just use them as a wallet.
20:45In New York, they used to have a doctrine called the Tender Years Doctrine, that young children were better off
20:51raised by their mothers than their fathers.
20:52Well, all that's been obliterated for gender neutrality.
20:57It still blows my mind when a mother thinks that it's okay to move children thousands of miles away from
21:11a parent who's involved with their life, either Monday through Friday or Friday through Sunday, but regularly.
21:18I thought we had progressed in this country past that issue that fathers are second-class citizens.
21:28They're not.
21:29Yeah.
21:30And the faster that women get that into their noodle, the happier they're going to be.
21:35If you want to move to Missouri as a single person, as a single woman, be free.
21:39Go do that.
21:40But once you have the responsibility of having a child that you share with somebody who, by all our accounts
21:45in court today, is an active father, wants to be involved, you can't do that.
21:50You can't just uproot their lives and move as you would as a single person.
21:53And deprive them of a parent.
21:56Yeah.
21:58Have you been cheated?
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