As we discussed yesterday, Amber Heard’s lawyers filed paperwork to withdraw her request for temporary spousal support… for now. Amber, Johnny Depp and their lawyers are due in court on Friday for a hearing on the permanent restraining order Amber wants against Depp, and Amber wants the sole focus of the hearing to be about the restraining order rather than the money, which will be dealt with a later time. In the new paperwork, Heard says the request for temporary spousal support is being “used against me to distract and divert the public away from the very serious real issue of domestic violence.” The documents also state that legally, her request for $50,000 a month was only a fraction of what she was entitled to by law anyway. People Mag had a more thorough breakdown on the situation here.
As it turns out, Amber’s team also filed a declaration/statement from iO Tillet Wright, Depp and Heard’s close friend who initially called 911 on May 21 when Wright was on the phone with Heard while Depp abused Heard. In the declaration, Wright says: “I heard Johnny launch into a cruel and vicious rage. I then heard Amber crying in fear and begging Johnny to stop his attack . . . I called 911 to save Amber’s life.” Wright said the incident began because Depp was “very upset over something he thought someone had done to him” and that’s why Amber put Wright on speakerphone, and that’s how Wright knew Depp was abusing Amber. Wright also says in the declaration that she’s willing to testify under oath at Friday’s hearing. Page Six says that Amber’s friend Raquel Rose Pennington is also willing to testify as a witness to the abuse. Here’s more from Page Six:
Amber Heard and two of her friends are ready to publicly testify about Johnny Depp’s alleged abuse in an LA court showdown on Friday. Heard, her longtime friend iO Tillett Wright — who recently penned an essay about the horrific abuse she alleges she witnessed — and the actress’ neighbor Raquel Rose Pennington are willing to give evidence on behalf of Heard in a hearing to discuss her petition for a full domestic-violence restraining order against the actor.
Heard’s team has requested Depp attend, but he’s expected to duck the dramatic hearing and remain in the Bahamas, where he is on vacation. According to a source: “Amber and two of her friends are willing to testify under oath about exactly what happened with Depp. This will put an end to anyone who has doubted her story and his lawyers’ claims that this is about money.”
Heard’s lawyer Samantha Spector has sent Depp a notice to appear at the LA Superior Court hearing, but he is not compelled to comply.
Yesterday, sources insisted that Depp would be returning to LA today and that he would likely attend Friday’s hearing. But Page Six’s sources are saying no, that he might stay in the Bahamas and he might not go to the hearing. Huh. As for Amber preparing herself to testify… sure, didn’t we all know/believe that she was going to testify on her behalf anyway? That’s why Laura Wasser wanted to depose her last Friday, because we’ve always known that A) Amber was going to testify and B) Amber has witnesses, evidence, documentation and more. Page Six has a readable copy of Amber’s new filings here.
Photos courtesy of WENN.
To those wondering why Amber married Johnny, since it seems he abused her before they married, and as to why she stayed with Johnny for little over a year as the abuse continued, and as to why her friends didn’t do anything since she had resources and ways out, I’d like to invite you to watch OJ: Made in America, and witness the abuse that Nicole Brown Simpson suffered (starting well BEFORE they wed), and try telling me that she was A. A gold digger B. Making it all up C. Just as culpable in their fights (because, hey, OJ said she was and, hey, she even retracted one of her statements against him at one point), and D. Her friends, though they knew about it, didn’t force her to get out of that relationship.
If you believe that Amber Heard is a liar because she married Johnny after the abuse started and stayed with him for any length of time, I hope you’re also willing to state that NBS was a liar too.
–TheRealPinky
I’ve been watching that too. OJ got rough with her on their first date. Unbelievably sad.
People asked the same questions about Nicole back then though. “If he was so mean and abusive, why did she stay?” as a way to discredit her claims or imply that she was lying.
People just need to straight-up STOP with that sh*t.
And then she ended up dead. Should be telling enough to everyone who doubted her/is now doubting Amber.
this 10000000000000000+
Amen to this. Amber is not lying IMO. Depp is a dirtbag.
Very good point. Its easier for some to deflect vs facing the reality. Funny that before the divorce started, all the media focused on is Depps midlife crisis look and failing Box Office. As soon as Amber filed, then it was war against Amber as the bad guy.
Jeffrey Toobin’s book about the case also details the abuse during the relationship. Her running out into a street bloodied and beaten and the finally cops decided to take OJ in. This after other calls where they did nothing. Its just mind boggling and didn’t know he was arrested for it until reading the book….and he still got off.
I wish her the best and hope she gets the outcome she deserves. I wish he would attend and have to face what he has done.
As you stated yesterday, he’s drying out.
–TheRealPinky
IMO, he’s hiding out, not drying out. I’m descended from BHS. Not surprised that’s where he fled or where he bought property.
Like all abusers, Johnny Depp is a wimp.
@ Boo
Totally agree!
Part of me hopes that she doesn’t have to see him, but man, I wish he had to be an ACTUAL adult and face consequences. He’s literally twice my age and acts about half my maturity level.
Yep- I really shook my head at him not appearing. His vacation is so much more important! But why am I surprised? He’d rather be drunk & high then in court facing the woman he abused. I get that……but I hope the public sees it for what it is.
I also hope she gets the outcome she deserves and I hope it entails the public turning the tides & supporting her. I hope she sees (someday) the work that she did in bringing dv shame & the questions/answers ‘why do women stay’ to the forefront. I am so glad that we are having this discussion now & that people are getting educated.
I do not want to wish harm on anyone but Depp has been needing a reality check for a long time. He’s been a drug/alcohol abuser for decades (and before anyone starts yelling at me that we do not have any evidence supporting this, his very self is enough proof). I could barely give him a pass for his behaviour in his twenties, but since he has had two children (whom he loves incredibly, I am sure) there is no more excuse for being a middle-aged rampant mess.
He’s not only plain ridiculous, he is sabotaging his kids’ chance to lead a normal life (and God knows, they must have seen so many things during the past years. I just hope they are not
He has a serious problem with addiction and needs to deal with it once and for all. Has he even tried once to go to rehab? Anyway, he needs to deal with the consequences of his erratic behaviour. Violence should never, ever be acquitted.
I couldn’t agree more with everything
you said!
If Johnny does not attend the hearing are his supporters going to say that he is guilty because he won’t go to court. I mean that was the argument against Amber when she wouldn’t allow them to depose her. Why is Johnny not returning to LA to defend himself. Why has he not been back in the Country since this whole thing started.
We could see him going to Rehab before he goes to a courtroom. She is willing to testify in court under oath. Well he do the same.
They’ll say, “Well she refused to get deposed last week, why should he show up for HER. Payback’s a b*tch–just like Amber,” because that’s the extent of their reasoning skills as they consistently refuse to see past their logic fallacies or take even minimal effort to move their minds past function 1 in a complex equation.
–TheRealPinky
A simple non-biased legal fact here. He does not have to testify in court and judges instruct jurors every single day of the week that our Constitution provides that defendants do not have to testify in court and jurors cannot attribute guilt for failure to do so.
You’re absolutely right. But I believe lisa2 was discussing the point that there were legal reasons why Amber didn’t have to be deposed last week, but they twisted themselves in knots trying to find reasons why it proved she was lying and just an all-around evil person. None of it has any bearing in who’s telling the truth, but it’s what the public uses to prove their “side” right.
–TheRealPinky
I was addressing the insinuation, intentional or not, present in the “She is willing to testify under oath. Will he do the same.” I’ve been watching people put out opinions that aren’t factually based and seeing people run with them as if they were gospel truth. I realize everyone doesn’t have legal training but a lot of it is going way beyond what really happens.
Also, if I see one more person tell someone to contact Amber’s legal team, well, my screams might be heard across the entire continent.
thank you lilacflowers. #team facts #team truth
Again, there are two aspects to this situation. The first will be resolved in a court of law and the other resides in the court of public opinion. Lisa2s question relates to the second not the first.
Lisa2 is not saying a judge or a jury will draw negative inference from either of them avoiding court or delaying a deposition. She is saying that the general public already did so against Amber so now the question is whether Depp will get the same treatment within the court of public opinion. The easy answer is of course no. Wealthy white man = double standard.
@lilacflowers I realise you appear to be Amber inclined in your posts, but I would be interested in your take on the various aspects (as made public) of AH’s legal team’s strategy Vs their (sometimes, seemingly, in over conflation of the two) PR strategy.
I come from a UK perspective where, in all likelihood, far more of this would have been better counselled to have been reserved for formal proceedings and all parties would have been advised to release far less information and partisan opinion in public fora.
@Dippit, that’s how most of us here handle our cases too – quietly. But divorce attorneys are a different breed who seem to believe that he/she who shouts the loudest wins. That isn’t necessarily true but these two have taken the shouting to 3-ring circus combined with a 3-day rock concert level proportions. The vast majority of legal malpractice/ethics complaints are filed against divorce attorneys. I have repeatedly said that I see no benefit to how either side is handling this mess. All that should matter right now is the domestic violence charges and keeping Amber safe (No, she is NOT safe; she is in the time zone when really bad things happen) but both sides have seemed way too involved in PR for the purpose of tearing each other apart. Public opinion on the domestic violence is irrelevant; all that is relevant is the judge’s opinion and the judge putting the steps in place for her safety.
And now will flow all the arguments about PR being necessary to save her career and on and on and on. Safe her life now, rebuild career, if necessary, later.
“He does not have to testify in court and judges instruct jurors every single day of the week that our Constitution provides that defendants do not have to testify in court and jurors cannot attribute guilt for failure to do so.”
That’s true of CRIMINAL proceedings, not CIVIL proceedings. The decision to plead the 5th can absolutely be held against someone in a civil case, such as divorce court.
For someone claiming to be an attorney, you are spreading a lot of falsehoods.
@Sam- that is where you are wrong and lilacflowers is correct. Depp can very well plead the 5th and it won’t be used against him because it could possibly lead to criminal charges. “The privilege is not ordinarily dependent upon the nature of the proceeding in which the testimony is sought or is to be used. It applies alike to civil and criminal proceedings, wherever the answer might tend to subject to criminal responsibility him who gives it.” See McCarthy v. Arndstein 266 U.S. 34, *40, 45 S.Ct. 16, 17 (U.S. 1924).”There is no requirement that a criminal action be ongoing, and in fact, one my assert the privilege against self-incrimination even when “the federal government and the states do not appear particularly interested in bringing criminal actions.” Master Key, 507 F.2d at 293. “ Before calling out someone on what they are trying to explain to you, make sure you KNOW what it is being discussed.
@lilacflowers- you sound like me trying to explain things to a client 10 different ways, lol. And you’re correct about divorce attorneys and ethics complains.
@Noname-Nope, read what you quoted. Your citation merely confirms that someone may assert their right against self-incrimination (aka plead the 5th) in a civil proceeding. It in no way contradicts my statement that “The decision to plead the 5th can absolutely be held against someone in a civil case.” Johnny Depp has the right not to testify against himself and he cannot be held in contempt of court for refusing to so. (This means that Depp cannot be imprisoned or fined for refusing to answer questions under oath.) However, if Depp refuses to testify, the judge may take that into account when rendering a decision on the restraining order (and spousal support, if Heard requests it).
See Baxter v. Palmigiano (1976): “the Fifth Amendment does not forbid adverse inferences against parties to civil actions when they refuse to testify in response to probative evidence offered against them: the Amendment ‘does not preclude the inference where the privilege is claimed by a party to a civil cause.’ ”
@Sam, and you clearly have no clue what you are talking about. Not appearing at a court hearing because you don’t have to be there has nothing to do with the 5th Amendment. But you go right ahead and keep insulting me. You would be the one spreading falsehoods.
@No, thank you.
@Lilacflowers “Not appearing at a court hearing because you don’t have to be there has nothing to do with the 5th Amendment.” I never made such a foolish claim. I responded to your false implication that the Court cannot make any evidentiary inferences from Depp pleading the Fifth in the divorce case. It can and it will.
@Sam- You do know that Friday is a hearing on a restraining order and not a divorce proceeding? So Depp not appearing at a hearing for a restraining order or not testifying at one (hearing for a restraining order) means nothing.
@Noname – The restraining order request and the divorce proceedings are all civil proceedings (Depp has not been charged with a crime by the People of California). That’s the point I wanted to make: when a party pleads the 5th, although the court cannot make adverse inferences in criminal proceedings, it CAN do so in civil proceedings. Of course, if Depp fails submit an affidavit, that is not technically pleading the 5th, but it’s still remaining silent instead of rebutting the accusations against him. If Depp does not go under oath to rebut Heard’s sworn statements, he is more or less resigning himself to the DVRO being made permanent.
Edit: When will Depp have the opportunity to technically plead the 5th? If and when he is subpoenaed in the divorce case or the defamation lawsuit.
@Sam- I’m fully aware of what a civil proceeding is vs a criminal proceeding.. I happen to be a lawyer myself and have represented clients in both hearings for restraining orders and on divorces. I represented someone accused of domestic violence, while he appeared he did not testify, as was his choice. This hearing on Friday will only determine whether a permanent restraining order will be granted or not based on what is before the Judge. Depp does not have to appear or testify at one nor does he have to submit an affidavit to rebut Amber’s allegations. His attorney, Laura Wasser, already filed documents prior to the temporary restraining order being in place and most likely filed additional paperwork leading up to this hearing. So not necessarily true if he doesn’t testify under oath he is resigning himself to a permanent restraining order being placed.
He can also plead the Fifth if he does appear and the judge could still not grant a permanent restraining order if he or she feels that Amber did not establish grounds for one. So not true about resigning himself to a restraining order. If he does testify or submit a sworn statement, both of those could be used against him at a later date for criminal proceedings if he a) either admits to hitting Amber or b) lies… so again he can plead the fifth because there is a possibility he could face criminal charges in the future.
Compare this to the Mel/Oksana dispute. It’s because pleading the 5th or merely remaining silent can be held against you in a civil case that Mel Gibson admitted to simple battery during the child custody battle. Gibson’s highly paid lawyers surely told him that the consequence of submitting the affidavit would be criminal charges. However, the consequence of not submitting the affidavit and telling his version of events under oath would have been to lose custody of Lucia. Depp is not facing the same stakes.
Edit: I see your latest post. True, the judge can choose not to grant the permanent DVRO. But Heard has gone under oath to say that she was battered and is in fear for her life. Not to mention the photographs. What justification could the judge give for denying the request if Depp rebuts nothing?
@Sam, wrong again. A judge in a civil proceeding can make a judgment on a non-appearance if it is a complete no-show, a default, but if the party is represented by counsel, then no. And there is absolutely no inference to be drawn from not testifying. None. Now, if Amber’s attorneys had subpoenaed Depp, that’s another story. But they didn’t. And there are ways to rebut someone’s allegations without Depp testifying or submitting an affidavit. The question is whether Wasser has rebuttal evidence.
Things just are not going to happen in the manner of your fantasy lawyer show no matter how insulting you try to be to me. Sorry.
I think I get all your points. Yesterday the reports were about Depp pleading the 5th, today they are about him not appearing at all. While I agree that (in a criminal case) pleading the 5th is not used against a defendant, that is not the same as not appearing to this hearing. By not appearing, Depp is sending a message to the judge & to the public. It’s his prerogative and it doesn’t mean he is guilty of a criminal act but it doesn’t help his chances of not having a restraining order in place and a restraining order (especially permanent) does make me side eye someone. I’m not ready to hang them out to dry but when I hear someone say “I had/have a restraining out against me, but…..” I tell myself “red flag!”.
I worked with many abusive men and not showing up to court is very much frowned upon. If he is charged later or gets into the system (addiction counseling, batterer intervention, probation, etc) not showing up to a hearing is not looked at well if he later tries to claim innocence.
The court is one thing but the public (and common sense) is another. His side skewered Amber for not dropping everything & getting deposed without proper notice but then is going to say that him not showing up for a hearing means nothing? I know that’s their job but as a person (not a judge or jury) his lack of at least showing his a$$ up to defend himself or look at the wife that he beat (and agree to not take belongings out of the house & give her some money to get by until they settle) means he is a special pos. He can go into hiding but silence can sometimes say more then words ever could.
His tactics are abuser 101- get out of dodge, have your friends go & take stuff out of the house, do not give her access to money, cry victim to all your friends & family, slander her name, tell people that she cheated and then don’t even have the balls to show up to court.
@Lilacflowers – When was I wrong the first time? My first response to you was correct, as evidenced by Baxter v. Palmigiano (1976). Your post confused criminal and civil proceedings, and you have provided no follow up evidence in support of your initial mischaracterization.
Your latest post is an incoherent word salad. Since it is non-responsive to my posts, I’m not going to bother interpreting it.
@Sam, so sorry that you are so easily confused.
@MC2, you are making valid points but there are some slight distinctions. Not making a physical appearance at a hearing on a restraining order but being represented at the hearing by counsel, which is likely to happen here, counts as being there legally and is very different than if he just blew it off completely and didn’t send his lawyer. The latter is highly frowned upon and results in default decisions and that sounds like the guys you are describing. The other part of your post: the batterer’s intervention, counseling, probation, etc, those would be mandatory attendance and not showing up would violate court orders and should result in serious repercussions.
Of course, he could show up on Friday and surprise everyone but Amber will most likely still get her permanent restraining order.
This “she wouldn’t allow him to depose her” is a spin from his camp. Don’t feed into it.
Wasser asked for her to be disposed but did NOT give the typical time so Amber’s camp said no. Wasser was asking for something that any good lawyer would say no to & then she immediately spun it. I think she made it big deal just to spin in for the public who is not legal saavy.
@Sam- Depp is represented by an attorney and she most definitely responded, in writing, to the hearing for the temporary restraining order. She is going to use what she already used for the temporary restraining order plus any additional paperwork she might have filed. The security guards might be called, they said they would testify under oath. The cops that were called to the apartment that night might be called to testify under oath. This is how Depp rebuts a permanent restraining order being entered against him. It truly is a he said/she said at this point.
@MC2- Court of public opinion means absolutely nothing in the eyes of the law. Nothing. We can go back and forth all day what has been played out in the press and I can argue that Amber is just as much at fault as Depp is for the ongoing war and mudslinging in the press. I don’t doubt for a second she was abused but she’s doing herself more harm than good at this point. I understand the need to be believed, to be vindicated. I do. But not only does she need to protect herself, she needs to protect her income in the future and I am not so sure her career will survive Johnny Depp. Like I posted yesterday, abuse allegations will not destroy his career. It did not destroy Mel Gibson’s or Charlie Sheen’s (his self destructive behavior destroy his) or Sean Penn’s or Mickey Rourke’s…. and all are subpar to Depp in terms of acting. What will destroy his career is this ridiculous movies he continues to make. Mordecai.. it has to be the worst movie I’ve ever seen! Dark Shadows was far more enjoyable and it really was not that bad neither was Alice Through the Looking Glass. But I digress.. and see how I get distracted from the subject at hand when talking about Depp?
And I believe Amber Heard. That’s the sad part. She is not going to get much for a 15 month marriage to Depp and unfortunately she played the hand she had to try to provide some security for herself and it’s not working. Depp didn’t budge, fold or even blink an eye. If anyone posting thinks he cares about his image at all, there’s a bridge I would like to sell you. It doesn’t matter to him. If it did, he would have paid her off to keep her quiet. I said from the minute she applied for a restraining order, either he thinks he can win or he did not do it. He’s at war.
Do not watch Tusk.
@Lilacflowers and Noname – I so appreciate the legal lens you both provide to the conversation on this entire situation – thank you!
@Sticks, thank you.
@Noname – “The security guards might be called, they said they would testify under oath. The cops that were called to the apartment that night might be called to testify under oath. This is how Depp rebuts a permanent restraining order being entered against him. It truly is a he said/she said at this point.”
The witness of the bodyguards and cops (*as portrayed third-hand via pro-Depp TMZ) do not directly rebut AH’s claims. She told the court that JD abused drugs/alcohol, battered her on several occasions, and as a result she is in fear for her life. The bodyguards can say that when they entered the room, AH and JD were apart, but it takes very little time to move across the room. The cops can say they didn’t notice bruising, but sometimes bruising takes time to develop. The only person who can directly rebut AH’s allegation that JD battered AH is JD. If he keeps quiet, then it isn’t “he said/she said,” it’s just “she said.”
It’s possible that JD’s team has a smoking gun that proves AH is lying, but I doubt it. Now according to People.com they are trying to prevent AH’s friends from testifying for procedural reasons.
” Now according to People.com they are trying to prevent AH’s friends from testifying for procedural reasons. ”
That is called “doing their jobs.”
Good grief!
This is so depressing. Amber has
Obviously been living a nightmare!!
I do so hope that justice is served and
That Depp isn’t treated differently
Than anybody else, dispite throwing
His weight around.
To me the most depressing part is all the ‘Amber Heard Abuse Deniers” who will absolutely not accept that she is a victim and continue to say she “planned this all!” That to me is the most depressing part.
As if the girl hasn’t been through enough already she has to deal with an uncaring, unsympathetic public…no wait that would be better. Really she’s dealing with people attacking her integrity, attacking her sexuality, attacking everything about her and supporting her abuser. No response from the world would be better than that kind of response.
Yes, the non believers are equally
depressing. How they can ignore
all the cristal clear evidence is a
mystery to me!
The real question is: Will he show?
At this point, I say no.
He won’t. It takes more than a week to sober up, and look as if nothing happened. I’m sure next time we see him, he will look his best ever.
No because Abusers are almost always absolute cowards who make themselves feel big by picking on those weaker than themselves.
So, no, I doubt this entitled coward shows.
I agree. He won’t show. When you think about it, if all this is true (which I believe it is) it will just make things worse for him. If he doesn’t show his people can just go with the story he is a very private person and doesn’t want the media attention that would follow the trial or some such BS.
If he does show, he won’t say anything. He’ll let his witnesses do the talking.
FYI, I believe iO Tillet Wright prefers to be referred to as he/him, not she/her.
How do you pronounce his name? In my head I read it as “eye-oh”. Is that correct?
Yep, iO is pronounced Eye-O.
https://www.youtube.com/watch?v=5PhEppdwArA
I watched the video- thanks for the link & I thought her project sounded neat. I’ll be curious to see it finished.
I believe that she explains that she does choose to be referred to as she/her now. She chose to present as a boy for a few years as a child and then chose to present as a girl. She explains that she came to a place where she was comfortable presenting as a girl/woman but feeling more male inside. She explains that she doesn’t fit a typical box- she is a woman who “looks like a boy”. It’s an interesting story really about how her parents let her be whoever she wanted to be.
I once knew someone that really baffled people. They would stumble when trying to figure out what she wanted to be referred as & what box she fit into. She would just say “Hi-I’m D. I’m a chick with a beard.” So many jaws drop…. It amazed me how comfortable she had become with other people’s discomfort. She liked her beard and she wanted to present & be referred to as female- so be it. I had someone ask me about her physically. I just looked at them shocked & said “why the hell would I care about D’s junk?! She’s a chick with a beard- that’s all we need to know.”
MC2, you’re a good friend and a good person. Yeah, I’m not sure anymore about the pronouns. Wikipedia said iO prefers he/him which I took as gospel but maybe that was just more Depp apologists messing with people’s wikis. (They must be so proud to be on the side of violence and obscene wealth.)
i wonder about this extended stay in th Bahamas. Is Depp on a major bender, or is he trying to get it together before he sees his kids? I read something about how he was looking for and to spending time with his kids this summer. Maybe the custody agreement has a provision for sobriety?
I doubt he’ll see them. Honestly, I think that was PR talk to make him look more pitiable like the poor dad who has to work and deal with legal battles instead of seeing his beloved kids.
He does not seem to care all that much about his kids. They just had a tragic death in the family and he is being accused of domestic violence. His respons to this is to be publicly drunk and flirting with young girls in a different continent. He then goes into hiding. His kids has been in LA dealing with this without him. If my dad did this, I would never forgive him.
Sadly I did not even think about his kids when his mom died. Probably because the entire press consisted of “Poor Johnny.” But yes if they were close to their grandmother this has to be incredibly difficult for them.
That is such a good point Emilie.
“extended” stay? again, #team facts #team truth
I’m wondering about the issue of his people picking stuff for him from their house. What I read was that he was aloud to get what he needed for the Friday hearing (correct me if I’m wrong), but if he doesn’t show up doesn’t that invalidate the justification to get some of his stuff when he is not even in the country? And I’m not even questioning how his people did it at this point.
No. Whatever was needed could be handed to his lawyer. His lawyer will show up, he doesn’t have to show. And if he does show, he does not have to speak.
What I’m asking is if he has the right to pick up his stuff if he isn’t going to the court.
If the provisions of the order were that he could get his stuff, yes, he can, within the provisions of the order, get his stuff. It is his stuff. And again, whether he sets foot inside that courthouse is irrelevant because his legal representation will be there. He would never be the one presenting anything in the courtroom.
And it would work the other way too. If she had fled, the court would provide the opportunity for her or someone on her behalf to retrieve her belongings.
People here are reading way, way too much into his presence or lack thereof in the courthouse. He doesn’t have to show, most don’t, he doesn’t have to speak if he does show. his lawyer’s presence counts for him and prevents default
I’m not focusing on his presence or not in the court. My point is if his absence invalidates the “move-out order” if the condition is to pick personal belongings needed until Friday. If he doesn’t need anything because he clearly isn’t going to court and is in another country, could that have any legal interpretation?
“The Pirates of the Caribbean star was ordered to stay 100 yards away from Amber, due to the temporary restraining order.It does include a ‘move-out order,’ though, which allows for the actor to pick up personal clothing and belongings needed until the next restraining order hearing on Friday.” (From dailymail)
He has a right to get his things. All his things that are not contested. She has no right to keep his things. He has no right to keep her things. Makes no difference whether they are in this country or not.
I’m sorry for insisting on this, but I’m not sure if I’m making my point across. I went to courts.ca.gov/1260 to understand restraining orders and it says:
“Residence exclusion (“kick-out” or “move-out”) orders
These are orders telling the restrained person to move out from where the protected person lives and to take only clothing and personal belongings until the court hearing. These orders can only be asked for in domestic violence or elder or dependent adult abuse restraining order cases.”
>>To take only clothing and personal belongings until the court hearing<<
His things and her things are not defined at this point. If he isn't going to the court hearing and not even in the country why take a van full of stuff, including furniture? No one can seriously say that he needs any of that until friday.
Can this have any legal consequences? This is my point.
It only has legal consequences if he took something that had always been hers or was acquired during the marriage that might be considered joint marital property.
Example: pretend there are three vases. He bought the white vase before he met her. She bought the blue vase before she met him. At some point during the marriage, they acquired the orange vase. He can take the white vase because it is his personal property. He can’t take the blue because it is hers. He can’t take the orange because ownership is now in dispute and a judge will be setting a time for a decision of the division of disputed property. He doesn’t need the white vase for the hearing and he isn’t going to wear it but it is his undisputed personal property.
Never mind … it was answered.
2 things:
1. Johnny doesn’t have to testify, so I doubt he will. Wasser has probably seen that “apology” for the Australian mess, and realizes that JD is not gonna help his defense on the stand.
2. If he’s drying out in the Bahamas, he probably thinks he’s not in need of rehab. He could very well be a person who thinks that he can control his addiction, and turn it on and off willingly.
Maybe he can quit on his own. There are plenty of people who have quite drinking on their own without the help of AA. In the past, he has been surrounded by people willing to enable his drinking and abuse. Amber is a wake up call for him, because she finally just said “Nope. I’m out of here, and you are going to have to answer for what you did to me.”
Whether you quit using a 12 step program or AA or on your own, the decision has to come from you. So we shall see.
@crumpet
Unfortunately, when am addict doesn’t need help and can stop on his/her own, that addict often ends up believing that the addiction is under control. “I can handle it,” etc.
Quitting is one thing, staying sober another. That’s very hard to do on your own.
It’s definitely not easy and the risk for relapse is far greater without continuous treatment, but addicts CAN quit on their own.
It takes a particular personality type to do that though and something tells me that Johnny doesn’t fit the bill.
Oh he is probably being being rehabbed in private. No way would they put him in public rehab system because it would make him look guilty but bet he has a team behind the scenes. Also addiction is a life long disease and any honest addict will tell you this, there is no you can do it by yourself longterm. I’ve known people that did the so called “I did it by myself” and they went back to addition years later. Also they usually end up resorting to other addictions in from food, to hoarding, to a career overload, somewhere in there life they just convert it to another excessive behavior. My relative gained about 150 lbs after his drug addiction ended. Traded one addiction for another and he did the so called I did it myself route.
i think he was sober for about two years but when he was so concentrated to lure and keep Amber by his side, that it helped him as a reason to stay sober. As soon as he had Amber on his pocket, foolishly in love, he returned to his demons and addictions and despite his promises (like we could read in the leaked texts and even he and Amber were seen with a famous doctor specialist in addictions in LA, Dr. Kipper) and attempts and short breaks when working in some movie, he always returns to his addictions again
He can stop drinking and doing drugs for a time, but he can’t quit in the long run
All true, MMM. Not sure people know these facts.
As for your last part, I’m afraid I strongly agree with you there. I just hope JD doesn’t read… But I’ve watched so many addicts go down and the patterns and personality types, what can be called my pessimistic POV here is a very valid one.
Never liked Amber, but she’s taught me a lot in this whole debacle. For some readers here, she was too calculating in how she struck back at Depp. But that’s what a smart and strong woman with *some* resources does. Abused women are very resilient and strong. Think about it: it takes strength to survive this kind of thing. And that’s what I’ve been reminded of when watching how Amber has played this. I’ve also read some posts here from survivors about their own experiences, and it still really affects me EVERY. SINGLE. TIME. Of course I wish she’d been strong enough to leave in the first place. But that’s not the point. Amber has taught me to remember that you may not like victims themselves, but who gives a shit? They’re not asking for your pity, like it’s some Law & Order SVU episode. They want the truth and a way out. So don’t expect them to be “battered” women who are only 1-dimensional victims. They’re also really resilient people who build whole coping systems, and have to be in order to survive. Who knew Amber Heard, of all friggin’ people, would teach me that? I just hope her career survives after this, not because she’s an actor worthy of Broadway, but because it will mean the ‘Hollywood Machine’ didn’t punish her for coming forward. You get’em girl. And to any abused women reading this (because statistically, there WILL be), just hang in there and remember: this is just a phase. YOU’RE ALWAYS STRONGER THAN YOU THINK.
What a beautiful post.
Yes, yes, yes. I’m with you on the recent comments by other abuse victims, too. They deserve a sea change in our national discourse on domestic violence, and words like yours are so important.
Honestly I never expected to admire her so much. If you’d told me that a year ago I would have laughed. I might even come around to liking her, but that’s neither here nor there.
She’s doing everything you’re “supposed” to do, gathering evidence, producing witnesses, and taking it to court, yet legions of people desperately want her to be in the wrong. She not only has to face her abuser but all the people who support her abuser and are frantically throwing anything they can find at her. That’s strength, and I want her to win.
Beautiful post.
I left my abuser 2 weeks ago after 8 years of enduring financial, emotional, verbal and physical abuse. He gave me $60 a week for everything. He mocked my dreams, my hopes, neglected my feelings and treated me no better than an indentured servant. He did not help with the three children and made me do everything, even cut the grass. He tried to smother me with a pillow and then slapped me in front of my children. Something in me finally snapped and I took my children, my 2 boys in just diapers, called a friend and went to the police.
My final hearing against him is on July 6th. He has retaliated by completely cutting myself and my children off financially. I know it’s going to be an uphill battle to get stable and on our feet but we are so happy. We are free. No more eggshells to prance on. No more wondering what mood he will be in. We are laughing and loving. I would rather be poor materialistically than to be broken in spirit. I am slowly taking MY life back. I am burning candles, allowing ketchup in the house, letting my children play and be loud and well, kids. I hung MY clothes up in my closet after 8 years of having to keep them in drawers so he could have it.
I thank Amber for going public with this. She inspired the courage I needed to make this huge move. I have had my church behind me the whole way . I have documentation, pictures, notarized statements from friends and family who witnessed abuse, etc, etc. I am coming armed. I have already filed for spousal and child support and am seeking out a divorce attorney. I have filed for temporary emergency assistance until I can get a job and get us firmly back on our feet.
I am no longer ashamed. I am so proud of this person I have become for my children. He no longer scares me or controls me. He no longer owns my feelings. I am so grateful.
Hugs and much luck to you and your kids, Ashley C.
@Ashley You are an inspiration. Good for you. Stay strong for yourself and your kids.
this is in reply to Ashley C – you are amazing and so inspiring! CONGRATULATIONS on your new life and your renewed spirit!!
Thank you all so much! For once in his life, he has no control over a situation. I blindsided him because he never thought I would go through with any of this. I have amazed myself. Appearing in court is nerve wracking but I am determined to finally tell MY story. I was already a single mother because he never helped so that part I have down already.
@ Ashley C, that’s incredible! You should be really proud of yourself, I most certainly am really proud of you reading this! I’m so glad to learn that you have support, good people behind you, AND documentation. You’re already on such a good track!
Something that might help when you’re feeling a bit anxious on your way to court is to remind yourself of this: remember that you’re not the first person to ever go through this. Countless women have appeared in court and gone through this and made it. They spoke up and moved on building new lives. The world moved on, and SO WILL YOU. YOU CAN DO IT. So stay strong and proud of yourself! Go get that closet and use up that ketchup all you want! I’ll send good vibes and a sweet prayer your way 🙂
Wow, damn, Ashley! I hope there are others like you out there. We need this.
Stay strong and keep amazing yourself. You and your children are worth it.
Ashley C, brava and huge congratulations. I’m so happy for you – and I’m happy for your children that they have a mother like you. I’m glad you’re not afraid, but I do hope you will exercise caution right now, because when we first leave them, that’s when they are most likely to come at us physically and in other ways.
You are a beautiful example for all abused women, and the happiness you feel for yourself and your children is happiness you have earned and deserve so much.
Let us know how it goes and how you’re doing! xxx
WTG Ashley…Please do still keep yourself safe…2 weeks is not a long time. Although you say July 6 is your final hearing, it sadly won’t be. I’ve been enduring this same process since mid August of 2015 and although the hearings get fewer and fewer, it will just be one of many.
I’m hoping you mean for an extension on your TRO.
Good luck and please take all the help you can get. It is a long road you have embarked on, stay strong!! You deserve every bit of happiness you get.
I have to laugh at your “ketchup in the house” comment. It’s liberating huh? We leave our shoes and clothes in the middle of the living room now because we can LOL!! It’s called taking back control and as silly as it sounds, it is awesome!!
@Ashley, stay strong, stay safe, keep going!
Ashley- I loved your post & your bravery in sharing.
One thing that got to me in the posts about Amber was when people said she must have planned it because she had evidence. How she was judged for being smart. I once had to hoard evidence when I was being abused. It felt so weird and I questioned myself up & down for it. There was a small voice in my head that told me someday I might need it……and I did. I was so glad that I listened to that voice. It didn’t make me cold or calculating- it made me smart. Deep down, even though I tried the benefit of the doubt, I knew that someday I might need to defend myself in public.
I applaud your strength in coming forward, telling your family, friends & community. I applaud you for being smart & knowing who you are dealing with on the other end. What you have done for yourself & your kids is amazing. You will touch other women too and give them courage. I think people are so scared about the “what ifs” & it’s so powerful to see women who have answered that question.
Hugs to you.
Thanks for taking the time to share this post! I loved what you said & thought about.
I have disliked women who were victims of abuse before and it didn’t mean that they were any less of victim or deserved any other treatment then I would expect. I think this idea of the ‘perfect victim’ and that women shouldn’t be outright pissed off & ready to burn it down after they come forward is finally coming out to be questioned. It’s funny how people ask why women didn’t stand up for themselves during the abuse but then question when a woman is assertive & angry after the abuse comes out. Amber should be so pissed off- at Johnny, the public, the system, Hollywood, their ‘friends’. I hope Amber burns it all down and then lights a cigarette before she walks off.
Just like the victim at Stanford who lit a little fire. I don’t know her- she might be a raging b$tch in real life- it does not matter one iota. Women do not deserve to be treated these ways & when they come forward, there should be a system that protects them. We, as a public, need to make sure that system is in place.
These are two steps- two fires that keep growing- showing that no woman (person) deserves abuse or to be re-victimized.
*lighting my make believe cigarette on these flames & taking a walk*
@ Yasmine: Thank you for posting your thoughts about being able amend your understanding about a victim. I’m hoping a lot of other posters did/will amend their vitriole about Amber. I went back to the post about her filing just after JD’s mother died. So, so, so many comments calling Amber a gold-digger, a wretched actress who deserved to fade away upon divorcing JD, a cold-hearted b!tch, surely turning back to lesbianism because the marriage didn’t work out, etc. Such nastiness. I made a list of those posters spewing such contempt–they seem to have faded into the woodwork. I do cut them a little slack (not much though) for spouting off before knowing more details about the domestic violence; and none of us will know the full course of their relationship, nor should we.
@AshleyC: Wow, I am so behind you!!! Congratulations! Your abuser is still trying to exert control over you by retaliating against you. Remain strong and KNOW you are doing what is best for you and your children.
Yasmine, I love your post. It expresses the heart of this matter so well. Thanks.
@Yasmine, great post.
As for the rest, I don’t believe for one second that Depp will attend the TRO hearing. Why on earth would he? Surely Wasser would move heaven and earth to keep him off that stand even if he was crazy enough to want to testify in person. Amber getting her TRO was already a foregone conclusion based on the evidence she clearly has — all Johnny could possibly do is give himself bad PR by refusing to answer a bunch of questions on the grounds that his answers might tend to incriminate him.
Also, I hope Amber gets her spousal support sorted once the TRO is extended. No reason she should not ask for the marital finances to be handled in the standard way for a CA divorce simply because she has the misfortune to be a DV victim.
Amen!
It sounds like Amber has genuine, supportive friends. Good for her.
I don’t think surviving is strength.
It’s just surviving.
Strength is to realize what’s going on and stop living a lie.
And I know the difference as it took me years to get the strength to leave my ex-husband, who abused me.
I was always the weak part in this relationship.
It started with verbal attacks and then came the physical attacks.
One fine day in the morning he was throwing me around, kicking me and shouting at me.
He threw the kitchen door at me after I tried to lock me in the kitchen.
Then he picked me up from the floor, put me on the balcony and locked the door.
It was winter and I stood there on the balcony in the snow wearing nothing but my bathrobe.
After a while he had to leave for work, so he opened the door of the balcony, took me off my keys and locked me in the appartment the whole day.
I had bloody lips, two loose teeth, couldn’t move my shoulder where he hit me with the door and a few bruises everywhere.
And a shock.
And guess what I did?
Nothing.
I did not tell a word to anybody.
No strength.
I was living a lie.
In the evening I made dinner for him.
I’m so sorry:'( I hope you are living a different life where you thrive and not just survive <3
I totally respect your experience and understand your feelings about your lack of strength or living a lie. Know that I do not judge you in any single way. I only send virtual hugs to you. But also understand that you’re still not to blame, period. Your experience is completely valid and I hear you out (always), but it’s yours and yours alone. Not all DV survivors are the same. I have worked with survivors, and I see the strength they have to keep living under incredibly tough conditions (even if it’s a lie), often to protect others as well (like children). I’ve also seen that strength in survivors in their ability to rebuild after everything’s fallen apart, literally.
I am not being patronizing in any way when I say this, but I hope that one day you see yourself as resilient, because even just surviving still requires resilience. Maybe not strong, that’s fine. But feeling like you have cracks on the sides still means you’re resilient enough to not completely break. That’s what I tell myself when I look back and feel immense shame and blame (I won’t get into my own story because it’s personal).
Ultimately, my whole point wasn’t to make you feel like you needed to justify any feelings you have or trigger really negative feelings. They are valid and they are yours. It was to remind others to stop putting shame and judgement on survivors, and to see them as whole people beyond just the abuse. I don’t pity you, or pity those close to me who are still in the cycle, because then I would see you as broken. You’re not great, you’re not terrible. You’re just a complicated person. I only listen, respect your feelings, and ask how I can be the most supportive. I’ve been there, and it’s a really lonely place.
I’m truely sorry to hear what you’ve
been through!! I hope you left him
and found peace some place far away
from him.
It is SO difficult understanding that the
Person you married and (once) loved
is doing this to you. It takes time to
realise what’s actually going on.
That’s the first step. The second is
deciding what to do about it. And
the third is to take action.
All of this takes courage and strength.
And it’s got to come from the bottom of
Your heart, because you have to deal
with the consequinces.
Thank you for sharing this with us!
I wish you the very best.
I should add that while I had scattered thoughts around this, it was hard to see clearly, especially when the survivors I know are clients, friends, and women I work with. You see how complicated and frustrating it is, and how weak they feel (which can be triggering). But Amber Heard is just some mediocre actress and an over-simplified story I saw from the distance. Somehow though, that gave me the clarity to see the strength and resilience in the bigger picture. Maybe the lesson is that it’s good to step outside of something, and view it from the distance to get the bigger picture. And like the really sweet Miss S said, I hope you’re now thriving. Big hugs.
You mentioned ex husband, so you are a survivor. When you reached the point of knowing you could never help him to change, you saved yourself. “In the evening I made dinner for him”, was doing what it took to survive that day. And you did and now you are here, helping others to see the inside of what is a headline right now. There are good people in the world. You survived the worst. Best wishes for you and hoping you’ll be surrounded by love and kindness.
I am so sorry for what you lived through. I completely understand, dv survivor. Yes you are strong and wonderful you just have not discovered this yet. I am a little more than 18 years out and am only in the last few years able to not beat myself up for not leaving sooner and just in the last couple seeing the strength I do have. If possible find a good therapist, find support groups online and in person. I think forgiving myself was one of the hardest parts, and sometimes I still have to remind myself He had the problem, I didn’t do anything to deserve His problem.
Oh my gosh Lorenzo your post made me tear up. I am so, so sorry that happened to you. Remember it wasn’t your fault for “being weak” as you said. He wore you down to that point. It’s all his fault, not yours. You are not weak. *hugs*
Lorenzo — my God, what horror you’ve been through! I hope you’re out of it safely now.
@Lorenzo, so sorry. I pray you are safe. Hugs.
“In the documents, Heard claims the actor made $30 million last year, and says the court could have ordered Depp to pay temporary spousal support “in the amount of $943,744 per month.”
“My very initial request for pendente lite spousal support is only about 5 percent of what I could have requested and the Court could have ordered.”
I’m just going to leave this here :O
And your point is? He abused her! Hope he pays with his career and money! This is no joke, people Die from abuse.
Wow! Calm down, this isn’t to attack Amber, quite the opposite. What she asked is minimal in comparison to what apparently she could legally request. That’s my point.
I was shocked my the amount difference. I’m sorry for not making that clear, I just thought it was obvious. That transcript is from her lawyer.
I get the rage but I took Miss S’s post as nothing but supportive to Amber. People keep calling her a gold digger or that she is making this up for money because she asked for ‘5% of what she could have’. Miss S was pointing out (and I totally got that Amber was not asking for very much money at all.
I’m pissed that the public and the twisting made her drop that portion but I totally support that she did. She should be getting money to pay rent, bills, etc for their apartment that they both own but he can’t go to because he beat her. That’s his problem & he should be willing to pony up his portion of the bills (at least) until they have a settlement. The fact that she got dragged for asking for such a small amount compared what she could have is just proof of how we treat victims. Why does asking for money making someone less of a victim.
We all agree- take him for all he’s worth! No amount of money can make up for what she has been (and is going) through.
Omg, and to think people are going after her for being a conniving gold digger when she was asking for so much less than the law would entitle her to.
If Johnny gives into Amber at this stage and genuflects before her. I will brand him as the biggest mangina and STOP being his fan
Oh, look, the Astroturf Brigade has arrived!
TOK, I think I love you! Omg, that was the best riposte!
What makes you the expert and know all of this case?
Oh, I’m sure you would find a perfect conspiracy theory to excuse him. If not you wouldn’t be a real fan girl @Real FanGirl
I read these comments from hardcore fans and always think of this: https://www.youtube.com/watch?v=nH6rInAE9rk
♬ Tup Tup tup tup dahá illuuusionnn ♪
😀
Go away fan girl.
There aren’t enough eye rolls in the world to answer this post.
Go away please and don’t come back.
Amber is so pretty! But she and her friends had better be prepared. Hearing a person over the phone having a fit of rage and witnessing physical violence are two different things. It’s not a slam dunk and I think the lawyers will have a field day!
idk, her evidence seems pretty airtight to me, and I agree with PPs who find it very telling that Depp seems to be avoiding testifying ( even if he is legally permitted to do so).
Thank you very much for your kind answers.
I was here on Celebitchy for a week or so, just reading everything about Johnny and Amber.
It made me very sad.
But I never wanted to comment.
Then today when I read Yasemine,the words just came out of me without thinking.
Please excuse me, I really didn’t want to do this.
No no,please post. There are many of us here who can completely understand. We support you and each other. Super hugs to you Lorenzo
Lorenzo I had a very similar experience to the one you described above. We were wealthy and well known. I was so ashamed and embarrassed. I told no one. He eventually left me and our child for a prostitute. It was humiliating beyond belief for both me and our child. That didn’t work out so well for him and he begged to come back. I went to a lawyer and got a legal separation. Life only got better for me. I’m happily married to my best friend. Adversity can be a good thing. I’m a very strong woman now. Outspoken and sure of myself. You can and will be too!
Please stick around, Lorenzo. Thus is a safe place to bring your story to, and people here care. Let us know how you’re doing.
Lorenzo- I think one of the worst things about domestic violence is the isolation & keeping another person’s dirty secret. You weren’t the weak one in the relationship. People who have to control other people or get off on causing people pain are doing so because they are incredibly weak people- they know it & they never want to admit it. I thought your earlier post read like a poem & it captured a feeling. And it’s a feeling so many can relate to but just don’t talk about. I hope sharing your story helped you- I know it will help others who have been there.
… so it seems CDAN pulls some of their blind items from the CB comments.
There’s already a blind item up based on our thread yesterday. A thinly veiled summary of the Tortola incident I described.
Where, where? I actually read them but I didn’t see anything. They made a post about it or it was a comment someone made?
EDIT: when I read it, I thought you were talking about ONYD. I get it now.
that’s good to know
If only more people would know
and more people would remember he has a past of violence and what Vanessa says now, doesn’t even matter too much, she signed a non-disclosure agreement to receive his money after their split in 2012 and his people could pressure her to write that letter, because in fact not other media (People, or ET) could prove that the letter was real with her Reps, only tmz (team depp) had access to it
That’s great. Let Johnny sweat this one, because this is major. So glad you spoke out about it. I hope Amber’s team are busy on this, and I mean on-site, in Tortola.
I couldn’t find it. Has it been taken down?
I need to stop reading these stories and comments at work! Struggling not to cry at my desk everyone’s stories of abuse are so darn sad and at the same time infuriating.
I comfort myself that although the world seems/is terrible we’re always slowly getting better compared to where we were. I feel one day these stories will be less common.
these stories make me cry! thank you all of sharing them!!
To any of our legal eagles , will fact that Johnny offered up a mutual restraining order have any effect ? As in since already offered then my not just make it permanent.
I do not claim to be a lawyer, nor do I play one on television.
Johnny Depp has not requested a restraining order against Amber Heard, so the judge can’t just decide to issue one. A one-way RO for Johnny to keep away from Amber doesn’t legally prevent Amber from contacting Johnny. However, if she does contact Johnny, he can use that to get his own RO withdrawn.
He requested joint TRO’s. Just ask TMZ, they’re quoting his lawyer.
TMZ isn’t journalism. TMZ is a mouthpiece for Laura Wasser. The 06/10/2016 TMZ article includes the following: “Our Amber sources say they have not responded to Johnny’s offer, because there was a string attached — a mutual restraining order. The sources say Amber would never agree to be the subject of a restraining order when she was not the one who committed violence. Thus, it’s a deal breaker..”
This TMZ article says nothing about JD petitioning the CA courts to restrain the liberty of AH to contact him. Instead, it suggests a direct offer to Team Amber of an out of court settlement involving a “mutual restraining order” so that JD can save face.
Any lawyers here? Johnny’s lawyer is requesting that Amber’s witnesses not be allowed to testify at the permanent restraining order hearing for the following reasons: ” Petitioner Amber Laura Depp did not serve any witness list with her Request for Domestic Violence Restraining Order. Indeed, as of the date hereof, Amber has not served any witness list”
Can his lawyer do this in a restraining order hearing. Seems to me these hearings aren’t like the other hearings and are treated differently. But, I don’t remember. Can a lawyer comment on this please?
I do not claim to be a lawyer, nor do I play one on television.
It isn’t possible to judge the merits of Depp’s motion without actually reading the document, or at least learning on what legal basis the motion claims justification. Unfortunately, People.com didn’t post the original document. It’s not clear from the People article whether this is a discretionary matter for the judge, or whether there is some procedural rule that bars the late introduction of Heard’s witnesses. The article doesn’t cite any specific rule that requires introduction of a witness list a minimum number of days before a hearing.
Does anyone know what the procedural rules are for protection order hearings? Is it a requirement for the person bringing the petition to give the other side a witness list within a certain time period?