Unnecessary court appearance, 6th time around

[Mr Otto]

What is the name of your state? TENNESSEE.

Hello there,

I have been in and out of court with my ex-wife now for 6 years. We have issues co-parenting. We work on it. However, when we are really not getting along, and it takes a lot for me to lose my cool, I’ll send a text or an email telling her what I think. I am not verbally abusive and I do not threatening of anyone’s personal safety. Recently, she tried, for the 6th time in 7 years to get a ex-parte order of protection. All have been denied, however, the judge recently made a ruling that he would take it ‘under advisement’. I understood that to mean that hearing was neutral, he didn’t issue it, and he didn’t dismiss it. I agreed to comply with her requests.

Several days pass and I get an affidavit from her attorney (I didn’t use one) who stated he charged her a flat fee of 1,000 and wants me to pay her fees. I laughed it off; well the judge signed it. I feel robbed. He said nothing about it during the hearing. He didn’t grant the order, and I still have to pay? I didn’t break a law or threaten any violence. Tennessee follows the ‘American Rule’ which states all parties pay their own fees unless contractually obligated otherwise. What am I missing here? A thousand is not a great deal of money, but I feel bullied around. She expressed just as many unpleasant sentiments through emails and texts. Any insight is appreciated.

 

[LdiJ]

What is the name of your state? TENNESSEE.

Hello there,

I have been in and out of court with my ex-wife now for 6 years. We have issues co-parenting. We work on it. However, when we are really not getting along, and it takes a lot for me to lose my cool, I’ll send a text or an email telling her what I think. I am not verbally abusive and I do not threatening of anyone’s personal safety. Recently, she tried, for the 6th time in 7 years to get a ex-parte order of protection. All have been denied, however, the judge recently made a ruling that he would take it ‘under advisement’. I understood that to mean that hearing was neutral, he didn’t issue it, and he didn’t dismiss it. I agreed to comply with her requests.

Several days pass and I get an affidavit from her attorney (I didn’t use one) who stated he charged her a flat fee of 1,000 and wants me to pay her fees. I laughed it off; well the judge signed it. I feel robbed. He said nothing about it during the hearing. He didn’t grant the order, and I still have to pay? I didn’t break a law or threaten any violence. Tennessee follows the ‘American Rule’ which states all parties pay their own fees unless contractually obligated otherwise. What am I missing here? A thousand is not a great deal of money, but I feel bullied around. She expressed just as many unpleasant sentiments through emails and texts. Any insight is appreciated.

If the judge signed it, that means that the judge ordered you to pay it. The judge has not denied the order of protection this time. "Under advisement" means that he is thinking about it and has not made a decision yet as to whether or not to give her an order of protection. It appears that you are skating on thin ice with this judge.

You were careful not to give any specifics about what you texted or emailed to her but I suspect that it was a bit worse than you are letting on, even if you did not explicitly threaten her safety. For the sake of your children you have to stop "telling her what you think". Worse things can happen than an order of protection or having to pay her fees.

 

[stealth2]

The judge didn't suggest that you pay the fee. He ordered you to. So.... you kind of have to do it.

 

[quincy]

I recommend you and your ex seek counseling because whatever you two are doing with your co-parenting is obviously not working.

 

[stealth2]

I recommend you and your ex seek counseling because whatever you two are doing with your co-parenting is obviously not working.

Poor kid(s)...

 

[Zigner]

I suspect that the "affidavit" you received was actually a motion. Instead of responding to it, you ignored it, so the judge signed it as an order because there was no opposition from you.

 

[stealth2]

I suspect that the "affidavit" you received was actually a motion. Instead of responding to it, you ignored it, so the judge signed it as an order because there was no opposition from you.

Hence why it's usually wise to at least consult a lawyer when the other party has one.

 

[adjusterjack]

Several days pass and I get an affidavit from her attorney (I didn’t use one)

Going up against an attorney without one of your own is like taking a rubber knife to a gunfight. You end up on the ground bleeding.

who stated he charged her a flat fee of 1,000 and wants me to pay her fees. I laughed it off; well the judge signed it.

I agree with Zigner that it was probably a motion that you should have responded to. Motions are often granted when unopposed.

Tennessee follows the ‘American Rule’ which states all parties pay their own fees unless contractually obligated otherwise. What am I missing here?

That it's not just for contracts. The judge has discretion to award attorney fees under a variety of circumstances.

You can, of course, file a Motion for Reconsideration explaining why she shouldn't be awarded attorney fees and why you didn't respond to the previous motion (if it was one).

The risk there is that her attorney charges her more money to handle your motion and you may have to pay for that, too, if you lose on your motion.

 

[zddoodah]

the judge recently made a ruling that he would take it ‘under advisement’. I understood that to mean that hearing was neutral, he didn’t issue it, and he didn’t dismiss it.

When a judge takes a matter "under advisement," it means he wants to take some time to think about it before issuing a final ruling.

Several days pass and I get an affidavit from her attorney (I didn’t use one) who stated he charged her a flat fee of 1,000 and wants me to pay her fees. I laughed it off; well the judge signed it. I feel robbed. He said nothing about it during the hearing. He didn’t grant the order, and I still have to pay?

The judge signed what? The order of protection? The attorney's affidavit? An order awarding fees? It would be awfully weird for a judge to sign an attorney's affidavit, but maybe that's the procedure in Tennessee.

Tennessee follows the ‘American Rule’ which states all parties pay their own fees unless contractually obligated otherwise.

The "American rule" is a rule that applies in civil lawsuits. This is not a civil lawsuit. Also, the "American rule" allows attorneys' fees if provided in a contract or if a law otherwise provides for a fee award. It would not be at all unusual for a protective order statute to allow a prevailing applicant to recover fees.

Going up against an attorney without one of your own is like taking a rubber knife to a gunfight. You end up on the ground bleeding.

Agree.

I suggest you seek a consultation with a local attorney.

 

[Mr Otto]

Thank you guys for all of your responses. It’s actually very helpful. I guess I just thought a judge either issues an order or doesn’t.

Poor kid(s)...

She actually has zero understanding of what’s going on and is one of the happiest kids on planet earth.

 

[Mr Otto]

When a judge takes a matter "under advisement," it means he wants to take some time to think about it before issuing a final ruling.




The judge signed what? The order of protection? The attorney's affidavit? An order awarding fees? It would be awfully weird for a judge to sign an attorney's affidavit, but maybe that's the procedure in Tennessee.




The "American rule" is a rule that applies in civil lawsuits. This is not a civil lawsuit. Also, the "American rule" allows attorneys' fees if provided in a contract or if a law otherwise provides for a fee award. It would not be at all unusual for a protective order statute to allow a prevailing applicant to recover fees.




Agree.

I suggest you seek a consultation with a local attorney.

He signed off on an affidavit prepared by the attorney. A lot of people are very confused and I’m going to go with the forum here and consult an attorney. Thank you all very much for your input. As a non legal expert, this is baffling, but i am learning. Thanks.

 

[Mr Otto]

When a judge takes a matter "under advisement," it means he wants to take some time to think about it before issuing a final ruling.




The judge signed what? The order of protection? The attorney's affidavit? An order awarding fees? It would be awfully weird for a judge to sign an attorney's affidavit, but maybe that's the procedure in Tennessee.




The "American rule" is a rule that applies in civil lawsuits. This is not a civil lawsuit. Also, the "American rule" allows attorneys' fees if provided in a contract or if a law otherwise provides for a fee award. It would not be at all unusual for a protective order statute to allow a prevailing applicant to recover fees.




Agree.

I suggest you seek a consultation with a local attorney.

Zdoodah, thank you for taking the time to give me such a quality response. This is helping me understand a lot.

 

[Mr Otto]

Going up against an attorney without one of your own is like taking a rubber knife to a gunfight. You end up on the ground bleeding.



I agree with Zigner that it was probably a motion that you should have responded to. Motions are often granted when unopposed.



That it's not just for contracts. The judge has discretion to award attorney fees under a variety of circumstances.

You can, of course, file a Motion for Reconsideration explaining why she shouldn't be awarded attorney fees and why you didn't respond to the previous motion (if it was one).

The risk there is that her attorney charges her more money to handle your motion and you may have to pay for that, too, if you lose on your motion.

Thank you, I’m looking into this now with a motion for reconsideration. I really appreciate the help!

 

[Mr Otto]

Stealth2, that’s what makes this interesting, she filed pro-se and was listed as such going into the hearing. I was surprised to see an attorney present.

Hence why it's usually wise to at least consult a lawyer when the other party has one.

 

[stealth2]

She actually has zero understanding of what’s going on and is one of the happiest kids on planet earth.

I don't know how old your daughter is, but, I'm going to clue you in. My two were 5 & 7 (ish - it was a long time ago) when their Dad and I split up. I'd have sworn they were unaware and happy. Several years later, I came across an "essay"/journal entry the youngest wrote about the year or so after. It started "I call it the year of fighting." Yeah - she was aware. It was heartbreaking.