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  #1  
Old 12-20-2007, 04:15 PM
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Join Date: Jun 2007
Posts: 88

Renewal of Order of Protection


What is the name of your state? MO

My FIL's widow filed for a TRO against my Service Disabled BIL (who has to use a scooter) because he tired to recover some of his personal property (non-probate) from his father's house. BIL is remainderman for house. Anyway, she called the cops and filed a TRO (she was represented - as was my BIL, at my insistence). The family court judge continued the order for about a year, but did give my BIL access quarterly for inspections.

ORDER OF PROTECTION GRANTED ORDER TERMINATES ON 08/05/2008 (from Missouri Case.Net

When we looked at the financial statement that she filed to accompany her request, we found she omitted a lot of income: FIL SS $1400 monthly, FIL's pension(s) $850 monthly,
quarterly dividends from *******Bank Corporation of $4400.00, the rent from her (free and clear) condominium of $700.00 per month. And she also failed to mention $80,000 in the Credit Union and stock worth about $150,000. Not to mention, cars, boats and and motorcycles. She just did a deposition on another matter and testified that all of the income and property above was accurate.

Sorry for the detail, but, how do we get the family court to know she omittted all of this stuff one her sworn statement? Does it look like her attorney subourned a false statement.
If so, do we go the Prosecuting Attorney, or do we file a complaint with the Bar.

Thanks!
  #2  
Old 12-20-2007, 04:20 PM
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Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,055
What does her hiding of assets have to do with a protection order?
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  #3  
Old 12-20-2007, 04:52 PM
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Join Date: Jun 2007
Posts: 88

Relevance of Financial Statement


Senior Judge,

Thanks for your question (you did help me out with your advice before). In St. Louis County, anyone asking for a TRO is required to complete a narrative (defining the threat) and also a form with their financial situation. I don't know the exact reason, but since it is in family court and would often deal with the welfare of kids and support issues, I guess everyone has to fill out. My concern is how do we ensure that the judge is aware of the scope of her omissions.

PS Based upon some very good advice I have received previsouly, I will not go Pro Se to the judge!
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