Imminent Danger Protective Measures Denied by Maricopa County Superior Court Judge Jose Padilla, in Arizona

UPDATED!! 10/21


(emphasis mine)

Woman wanted to flee with son before apparent murder-suicide

Peoria woman later killed in apparent murder-suicide

by Dustin Gardiner - Oct. 20, 2009 12:00 AM
The Arizona Republic

A Peoria mother whose body was found Friday had recently tried to leave Arizona after receiving threats from her apparent slayer, but a judge denied her request, court records show.

Two weeks before she was killed, Dawn Axsom pleaded with Judge Jose Padilla of Maricopa County Superior Court to let her leave Arizona with her son because she feared Gabriel Schwartz, the toddler's father, would harm her or their boy.

Padilla denied the 26-year-old's request and ordered the pair to attend parental counseling together.

Axsom's body was found in her Peoria residence Friday. Police also found the bodies of Schwartz, 28, and Lisa Braden, 56, Axsom's mother.

Schwartz is suspected of shooting and killing both women before turning the gun on himself, Peoria police spokesman Mike Tellef said Monday.

Tellef said the violence likely began in the downstairs kitchen, where Schwartz shot Braden. Then, Schwartz went upstairs, shooting Axsom in the master bathroom and killing himself in a bedroom.

Police discovered the grisly scene at about 10 a.m. Friday after Axsom didn't show up for work and a friend and the friend's mother went to the home, located in the 7400 block of West Sierra Street, to check on her.

When the friend knocked on the door, she heard Axsom and Schwartz's nearly 2-year-old boy crying upstairs.

The woman called police, who arrived and found the child unharmed inside his crib.

"When the officer took the baby outside, he covered (the child's) eyes so he couldn't see anything," Tellef said, recounting the scene.

Friends and co-workers who gathered outside Axsom's residence Friday said she was having ongoing custody problems with Schwartz and expressed frustration that the court system wouldn't let her leave Arizona when she knew Schwartz might harm her.

Court records show Padilla granted Axsom a protective order against Schwartz four days before the Oct. 6 hearing where he ordered her to attend parental counseling with him and denied her request to relocate to Maryland with the pair's son.

Axsom's son was placed into the custody of state Child Protective Services.


Now, let me summarize what happened...I know, strange, why am I summarizing AFTER the fact? BECAUSE THE SHIT IS FUCKED UP AND I WANT TO MAKE SURE YOU UNDERSTAND IT!

--Mother has ongoing custody problems with the father in the court system

How does a mother have "on-going" problems? It should be open, and closed.

--Mother KNOWS the father's intentions because he threatens her

Refer back to "on-going" problems in the court

--Mother asks for a protective order, Judge grants it

Paper doesn't protect, it just leaves a trail

--Mother asks to be able to leave the state with her son

Because this, will actually protect her, short of having a gun.

--Judge Jose Padilla denies the request to relocate

Because then, the father wouldn't have access to kill his father's rights

--Judge Jose Padilla orders parental counseling to be attended by the parents, TOGETHER

Because if someone's threatening your life, you all should be able to work it out, for the child's sake

--Father kills his son's mother, her mother, and himself, but kindly places a blanket over the child so as not to witness

--Motherless, grandmotherless, AND fatherless child, now goes into CPS custody


In situations of family violence, trade organizations like the Association of Family and Conciliation Courts (AFCC), with their host of judges, attorneys, GALS, and psychologists, push seminars and trainings which obscure violence and mask it with the psychological profiling of women. Co-parenting/shared parenting/parenting coordination, mediation, and parental alienation syndrome are highlighted as solutions to the endangerment of women and children.

PUT AN END TO THIS MONEY-MAKING, MISOGYNIST SCHEME THAT IS GETTING FAMILIES KILLED!! These same people are simultaneously creating new laws and ignoring the old ones (aka make your own rules and teach everyone else to follow them):

(emphasis mine)
The Trial of the PARENTING LITIGATION CASE Under Florida’s New Parenting Statute

Host - Norman D. Levin, Esq., AAML Fellow, Longwood

Speaker - Deborah O. Day, Psy.D , Orlando

Speaker - Jorge Cestero, Esq., AAML Fellow, West Palm Beach

Subjects will include:

  • Understanding the new statute in the litigation context
  • Assessing Your Time Sharing Case From Day One
  • Locating Your Best Witnesses
  • Drafting Your Proposed Parenting Plan
  • Using The Psychological Consultant to Plan Your case
  • What does the Proposed Parenting Plan need to have?
  • Do we need a Social Investigation and Recommendations Regarding the Parenting Plan?
  • Should we have a Guardian Ad Litem in our case
  • The Social Investigation and Recommendations Regarding The Parenting Plan. How is it performed? What will be done? What is the Professional looking for?
  • Examining the Social Investigation Evaluator.
  • What questions should you ask?
  • What questions should you avoid?
  • Getting Agreement on Parenting Plan Provisions in contested cases.
  • What is Time-Sharing?
  • Where did Primary Residence go?
  • Will filing a Dependency Petition help in our case?
  • What Former Case Law is affected by the new statute?
  • Tools To Use in the Contested Parenting Case
  • Mediation/ Parenting Coordinator or Co-Parenting Counselor – Which should we have?

Fees Per Presentation

$179 for each computer sign-on
March 20, 2009 11:45 am to 1:45 pm
Information about Judge Jose Padilla of Maricopa County, Arizona:

Judge Jose PADILLA
Judge Jose PADILLA Current Assignment: Family
Assignment History:
Department: Family Court
Year: 9/2005
Location: Northwest Regional Court Center in Surprise
Work History:
2005 - Present: Judge, Superior Court in Maricopa County
1987 - 2005: Founder, Law firm of Jose S. Padilla
1977 - 1988: Registered Nurse, Phoenix Memorial Hospital, Arizona
1984 - 1987: Attorney, Gutierrez, Contreras, Padilla and Salaiz
1977 - 1984: Registered Nurse, Central Nurses Registry
  • J.D., 1984, Arizona State University
  • Bachelor's, Nursing, 1979, Arizona State University
  • AA, Nursing, 1977, Glendale Community College
  • Los Abogados Hispanic Bar Association
  • Former member of the Association of Trial Lawyers of America
  • Participated in leadership roles of La Raza & Barrio Law Student Organizations during law school
Community Involvement:
  • Participated in free legal clinics held at Justice of the Peace Courts in South Phoenix and West Phoenix

According to court testimony, Axsom’s estranged husband, 28-year-old Gabriel Schwartz, had been arrested twice for DWI, was unemployed, and had made two failed suicide attempts...Judge Padilla granted Schwartz visitation rights, requiring a drug & alcohol and mental health evaluation to be completed within 60-days.