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majomom1

Senior Member
What is the name of your state? MO

While we were waiting for cjane's hearing... we got to hear a few others. One was sooo FA... and so on target for what to do, or not do it was uncanny. AH had to be shaking in his boots after hearing this case, and it also gave Cjane a chance to see how this particular judge operates and rules, and I am sure gave her some added confidence.

A woman was trying to get an RO against her stbx... she had just petitioned for divorce on 11/14... and had requested the RO on 11/30. Her reasons for the RO pertained to events that happened previously, one in October and the other in August! Cjane and I both looked at each other and at the same time said "Why did she wait so long"? The judge asked that too!!!

Her stories rang very untrue. The judge reprimanded her several times for referring to their son as HER son.

In October she claimed that, during an argument, her husband threw her on the bed twice and choked her... but HE was the one that called the police. There was no arrest because she admitted, to the police, that SHE was the one that threw the first punch!

The event in August was outside and also started as an argument, about their son. She was getting the kids in the car when the argument started... she claimed that the kids got involved in the argument and said some inappropriate things to him, in her defense... so he yelled at the kids too. She actually got in the car and left the scene, to go to her parents. Then because she was so mad about what he had said to the kids, she turned the car around and went back... to yell at him some more. She claimed that he was reaching in the car towards their son and when she got out of the car, trying to stop him, he body slammed her on the ground and choked her.

Somehow, HE again was the one that called the police... She didn't even stick around. She told him to have the police contact her at her parents and left. The judge did not give her story any validity. SHE threw the first punch and SHE went back and egged the situation on. The fact that she waited until 11/30 to file anything also undid ALL of her claims that she needed an RO against him.

Also in this mix, I don't remember the date... HE had taken the car keys off the hook in the house and would not give them to her. He didn't take the car. Just the keys, and apparantly he did this so she could not drive the car... because there was no insurance on the car. She was mad because it was the only set of keys she had and her only means of transportation. She admitted that she had planned to drive the car... regardless of the fact that it was uninsured. I am sure the HIS name was probably still on the car and did not want her driving it without proper insurance. (I back him on that one.)

Moral to this story... listen to the folks here on FA.

1. Get your facts in order before you ever walk into court.
2. If you threw the first punch... you are dead in the water.
3. You cannot wait months, then get mad and claim you are in danger.
4. Do not refer to the children as just YOUR children, it does tick off the judge!What is the name of your state?What is the name of your state?

The judge threw this all out and told them to work through the divorce, mediation and such.

They apparantly will be back in court tomorrow for a Order of Protection for the kids. If this is all this gal has... then I doubt there will be any order keeping him from the kids either.

She obviously had no basis for the RO and appears to be grasping for whatever she can...

FA rocks... and gives sound advice for legal issues in court!!!What is the name of your state?What is the name of your state?
 


CJane

Senior Member
Funny part...

While they were up there arguing and trashy girl was sobbing, D'man leaned over and said "Which one do you think got custody of the trailer?"

There was another hearing going on too, one attorney trying to get a motion to compel for answers to a few deposition questions. The judge said "I'll compel her to answer 11 and 17, but only from July forward." The attorney for 'her' said "We already DID answer 11 and 17." The judge looked at the attorney for 'him' and said "What questions are we talking about, I don't have a copy of the deposition and I'm guessing here."

So the attorney flipped through his junk and couldn't find what he was looking for and the judge said "It sure would be easier if you'd just GIVE ME A COPY."

I almost snorted. I could NEVER be that disorganized.
 

StampGirl

Senior Member
I need to give CJane my thanks in drafting my response letter to Dorkboy's motion to modify our holiday visitation. The mediator yesterday told me it was consise, to the point and legally wonderful :) So THANKS!!!

Another thing about FA: I love this place. I have learned SO much but more importantly it helped me to understand that my feelings about Dorkboy's new wifey were right on the money. Legally, she has no say so and can't interfere. The mediator confirmed all I was thinking yesterday. She read him the riot act about Steps being "Legal Strangers" and him being responsible for his choices and that I didn't have to be accomodating for his "choice" in profession. I believe her words were "if you find your job not family condusive, then quit and find another one"!!! ha ha ha

While I don't want to exclude the Wifey, I also don't want her being a nuisanse in parenting our children.

Alot is to be learned on this site if we "newbies" would just sit and read and pay attention. I know I have.

Again, thanks for all the great advice.
 

majomom1

Senior Member
Funny part...

While they were up there arguing and trashy girl was sobbing, D'man leaned over and said "Which one do you think got custody of the trailer?"

There was another hearing going on too, one attorney trying to get a motion to compel for answers to a few deposition questions. The judge said "I'll compel her to answer 11 and 17, but only from July forward." The attorney for 'her' said "We already DID answer 11 and 17." The judge looked at the attorney for 'him' and said "What questions are we talking about, I don't have a copy of the deposition and I'm guessing here."

So the attorney flipped through his junk and couldn't find what he was looking for and the judge said "It sure would be easier if you'd just GIVE ME A COPY."

I almost snorted. I could NEVER be that disorganized.
My guess is HER. She was not even believable. HE was calm, cool and collected. I don't think he even uttered but two words. SHE hung herself... all by herself.

And C... you did snort, but only D and I heard it.:cool:
 

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