Igor's Nolo Contende To Domestic Abuse 2008
Igor's Nolo Contende To Domestic Abuse 2008
Igor's Nolo Contende To Domestic Abuse 2008
STATE OF MAINE
Location PORTLAND DISTRICT COURT
Docket No. PORDC-PA-2008-00605
.....
After due notice and ~ opportunity for full hearing [] full hearing on the merits
of the complaint for Protection from Abuse, the following parties being present:
~ Plaintiff ~ Defendant,
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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. 1'1a.\er1ko, diD)) JI/;J..q/ow
The defendant's rights
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PA-009, ~v. 08/2007 #..'!ire o[ re.
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Location PORTLAND DISTRICT COURT
Docket No. PORDC-PA-2008-00605
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VIOLATION OF AN ORDER CONTAINED IN PARAGRAPHS (A) THROUGH (I) IS
ALWAYS A CLASS Dr AND SOMETIMES A CLASS C CRIME.
POSSESSION OF A FIREARM OR. AMMuNITION WHILE THIS ORDER IS IN EFFECT
IS PROHIBITED UNDER FEDERAL AND/OR STATE LAW IF ANY ONE OR MORE OF
THE FOLLOWING BOXES HAVE BEEN CHECKED: A-I, A-2, OR F.
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This Order is incorporated into the docket by reference pursuant to M.R.Civ.p 79(a).
Date: &/&/0
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--.= rDepilty) Clerk
********************************************************************************************
Based on the complaint and/or the Final Order, the defendant is prohibited from
possessing any firearms and the dangerous weapon(s) described below for the duration of
the [] Temporary [] Final Order in this case.
If the firearms and/or weapons are relinquished to an individual other than a law
enforcement officer, the defendant must, within 24 hours after such relinquishment,
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complete the Notice below and file it with the [] court or [] local law enforcement agency
designated 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 an
individual whose name and address is:
The firearm(s) and/or dangerous weapon(s) relinquished to the above named individual
are: (List each item relinquished and describe. Attach separate paper if necessary.)
This notice is being filed with [] the court [] the law enforcement agency designated
in the order, within 24 hours after said relinquishment.
Date:
Defendant
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: 05/30/1969
Present street address, city and telephone number: (list only your name if address is to be kept confidential and complete
form PA-015, Affidavit for Confidential Address, which can be obtained from the clerk). _~--'-- _
28 Franklin Terrace, South Portland, ME 04106
If 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 Unknown
Present street address, city and telephone number: --.:u=,-,n!..!!.!.kn~o..!.'w~n!...-. --, _
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 person
Plaintiff 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 ..:...P-=oc..:..rt..:..:..la=nc..:..d=,~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 state
concerning the custody of the child(ren) except as follows: III Divorce or Family Matter Action
o 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 rights
with 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
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 IIINo
If yes, please explain: ~ ~ ~ -'--_
11. I base my claim for protection from abuse on the following facts: Describe the abuse. State who committed the
abuse. 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 Complaint
If there are any court orders awarding custody, visitation, etc. for the children or any court orders against the defendant
or any actions pending against either the plaintiff or the defendant, give details: _
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 GAL's 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 lost
Date: 6/6/08
_Cl~n
I am seeking an order for protection from abuse against my husband, Igor Malenko, on
behalf of our daughter, Mila, because I am very afraid for her safety based his history of
physically abusing me with Mila in my arms and without regard to her safety, throwing
things 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 to
safely care for her when he is one of those states, and his even mistaking her for the dog
on 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 of
16, he knocked a classmate into a coma and was ordered to obtain psychological
treatment. After that, Igor suffered incredible atrocities that are not his fault, but that
have left him even more dangerous. He was a member of the JNA, the Yugoslav
National Army, and was severely tortured in the Balkan war, which was known for its
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psychiatric hospital, and has been diagnosed subsequently with PTSD by True North. I
also believe he suffers from bipolar disorder, although I am not certain whether there has
ever been a formal diagnosis. There has not been one here, but might have been one in
Yugoslavia.
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, also
while I was nursing our baby, and thrown a jar at my head. While we were living in
Budapest last year, he also repeatedly threatened to kill me, forcing me to flee the country
where I had a tenure track academic position. At other times, when Igor is not in a manic
state, he can seem quite fine, and I have repeatedly taken him back based on promises he
would 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 her
safety 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 two
weeks ago, he forced open my bedroom door (which I had blocked) while my daughter
and I were asleep, terrifying me, demanding to kiss our sleeping daughter, and making
threats if I do anything to "take his daughrer" fmrn him l-iA t1;t1 n(")tnA('.;fvmbt hA
would do, but based on the past specific threats to kill me and past violence during manic
attacks, I am extremely concerned by these threats. Also, while the threats were phrased
in a conditional way of "if I" did something, he has a history of misperceiving situations
and could take almost anything as an effort to ''take his daughter," including this
Complaint, especially now that I am seeking protection on our daughter's behalf, which I
was trying to avoid on the advice of counsel in order to avoid triggering him if I could
otherwise provide for her safety.
Without a protection from abuse order, I do not believe that my daughter will be safe or
that anything will keep him from grabbing Our daughter since he has made it clear that he
intends to do exactly that if there is only an order with respect to me that does not
expressly apply to our daughter. Even with a protection from abuse order, I will be very
nervous for Mila's safety because Igor's actions tend not to be premeditated but instead
impulsive. But the order should ensure an ability for supervised contact that will permit
her to be safe while ensuring they are still able to have contact and maintain a
relationship.