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updates to order of protection issues in AZ

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MomInMO76

Junior Member
What is the name of your state (only U.S. law)? MO

So, updates to my previous post…
I once again, tried and tried and tried to get some info on legal aid in AZ. Either its civil only or I’m not qualified because I don’t live in AZ. I called an attorney, he quoted me $11K because it’s set for non jury trial.
He said basically my choices are A)get an attorney B)defend myself and most likely I’ll be found guilty C) take their plea offer or D)not show up or hire an attorney and I get found guilty.
He did mention that I should be able to file a request for Discovery to find out WHAT each charge was based on. He’s like “you have the right, but they aren’t going to tell you that”.
I called the court, and the clerk was unhelpful as usual, but she did tell me to call the prosecutor if I want the plea by mail terms. I called the prosecutor. She absolutely refused to explain the terms of the plea by mail. Would all charges be dropped? Would one charge remain without the DV tag, etc. They will speak to witnesses, the victim, etc, all by phone but NOT the person charged.
And the best part……All these times I have called about appearing by phone….each time, I was instructed by the court clerk to send a written request, which I did. And then I’d get a paper saying my request was denied with no reason for the denial. Well, come to find out, appearing by phone was NEVER an option. Why was I never told this? Why was I continually instructed to request something that they don’t even have the technology to do?
I guess my next step is, call the court system that issued the Order of Protection and the Injunction, and request a hearing to have them dismissed. I’m hoping the fact that they deliberately gave the court a false address will be enough.
 


quincy

Senior Member
What is the name of your state (only U.S. law)? MO

So, updates to my previous post…
I once again, tried and tried and tried to get some info on legal aid in AZ. Either its civil only or I’m not qualified because I don’t live in AZ. I called an attorney, he quoted me $11K because it’s set for non jury trial.
He said basically my choices are A)get an attorney B)defend myself and most likely I’ll be found guilty C) take their plea offer or D)not show up or hire an attorney and I get found guilty.
He did mention that I should be able to file a request for Discovery to find out WHAT each charge was based on. He’s like “you have the right, but they aren’t going to tell you that”.
I called the court, and the clerk was unhelpful as usual, but she did tell me to call the prosecutor if I want the plea by mail terms. I called the prosecutor. She absolutely refused to explain the terms of the plea by mail. Would all charges be dropped? Would one charge remain without the DV tag, etc. They will speak to witnesses, the victim, etc, all by phone but NOT the person charged.
And the best part……All these times I have called about appearing by phone….each time, I was instructed by the court clerk to send a written request, which I did. And then I’d get a paper saying my request was denied with no reason for the denial. Well, come to find out, appearing by phone was NEVER an option. Why was I never told this? Why was I continually instructed to request something that they don’t even have the technology to do?
I guess my next step is, call the court system that issued the Order of Protection and the Injunction, and request a hearing to have them dismissed. I’m hoping the fact that they deliberately gave the court a false address will be enough.
Thank you for the update. It would have helped forum members who are not familiar with the history to have added your update to your original thread, though.

Here is a link to that thread: https://forum.freeadvice.com/sentencing-parole-pardons-plea-bargains-29/what-can-i-do-violating-order-protection-637013.html

The "$11,000" quoted you by the one attorney seems unreasonably high.
 

Just Blue

Senior Member

Just Blue

Senior Member
What is the name of your state (only U.S. law)? MO

So, updates to my previous post…
I once again, tried and tried and tried to get some info on legal aid in AZ. Either its civil only or I’m not qualified because I don’t live in AZ. I called an attorney, he quoted me $11K because it’s set for non jury trial.
He said basically my choices are A)get an attorney B)defend myself and most likely I’ll be found guilty C) take their plea offer or D)not show up or hire an attorney and I get found guilty.
He did mention that I should be able to file a request for Discovery to find out WHAT each charge was based on. He’s like “you have the right, but they aren’t going to tell you that”.
I called the court, and the clerk was unhelpful as usual, but she did tell me to call the prosecutor if I want the plea by mail terms. I called the prosecutor. She absolutely refused to explain the terms of the plea by mail. Would all charges be dropped? Would one charge remain without the DV tag, etc. They will speak to witnesses, the victim, etc, all by phone but NOT the person charged.
And the best part……All these times I have called about appearing by phone….each time, I was instructed by the court clerk to send a written request, which I did. And then I’d get a paper saying my request was denied with no reason for the denial. Well, come to find out, appearing by phone was NEVER an option. Why was I never told this? Why was I continually instructed to request something that they don’t even have the technology to do?
I guess my next step is, call the court system that issued the Order of Protection and the Injunction, and request a hearing to have them dismissed. I’m hoping the fact that they deliberately gave the court a false address will be enough.
Odd text = all the extra A's
 

Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? MO

So, updates to my previous post…
I once again, tried and tried and tried to get some info on legal aid in AZ. Either its civil only or I’m not qualified because I don’t live in AZ. I called an attorney, he quoted me $11K because it’s set for non jury trial.
He said basically my choices are A)get an attorney B)defend myself and most likely I’ll be found guilty C) take their plea offer or D)not show up or hire an attorney and I get found guilty.
He did mention that I should be able to file a request for Discovery to find out WHAT each charge was based on. He’s like “you have the right, but they aren’t going to tell you that”.
I called the court, and the clerk was unhelpful as usual, but she did tell me to call the prosecutor if I want the plea by mail terms. I called the prosecutor. She absolutely refused to explain the terms of the plea by mail. Would all charges be dropped? Would one charge remain without the DV tag, etc. They will speak to witnesses, the victim, etc, all by phone but NOT the person charged.
And the best part……All these times I have called about appearing by phone….each time, I was instructed by the court clerk to send a written request, which I did. And then I’d get a paper saying my request was denied with no reason for the denial. Well, come to find out, appearing by phone was NEVER an option. Why was I never told this? Why was I continually instructed to request something that they don’t even have the technology to do?
I guess my next step is, call the court system that issued the Order of Protection and the Injunction, and request a hearing to have them dismissed. I’m hoping the fact that they deliberately gave the court a false address will be enough.
The clerks CAN NOT give you legal advice -- which is whether appearing by phone is an option for you. You need to educate yourself by reading the law and local rules and rules of criminal procedure. Or you hire an attorney. THOSE are your options. And the prosecutor is NOT going to talk to you because you are the person charged. They don't want to be accused of acting unprofessionally towards you.
 

quincy

Senior Member
What is the name of your state (only U.S. law)? MO

... I called an attorney, he quoted me $11K because it’s set for non jury trial.
He said basically my choices are A)get an attorney B)defend myself and most likely I’ll be found guilty C) take their plea offer or D)not show up or hire an attorney and I get found guilty.
He did mention that I should be able to file a request for Discovery ...
Phone calls to attorneys will result in you getting very general advice only, the same type of advice you receive online. What you need to do is make an appointment with an attorney for a personal review. I understand that cost is an issue.

... All these times I have called about appearing by phone….each time, I was instructed by the court clerk to send a written request, which I did. And then I’d get a paper saying my request was denied with no reason for the denial. Well, come to find out, appearing by phone was NEVER an option. Why was I never told this? Why was I continually instructed to request something that they don’t even have the technology to do? ...
It is an option but it is at the judge's discretion whether to allow for a telephonic appearance.

There is much that is puzzling about what you describe here and what you described previously in your other thread. I don't know what else to advise other than to find an attorney in your area of Missouri who can personally review and discuss it all with you.
 

MomInMO76

Junior Member
re:

apologize to all for the weird letters added in. it didn't look like that when I submitted?



There is much that is puzzling about what you describe here and what you described previously in your other thread. I don't know what else to advise other than to find an attorney in your area of Missouri who can personally review and discuss it all with you.
which part is puzzling? I may be able to explain it better.
 

quincy

Senior Member
apologize to all for the weird letters added in. it didn't look like that when I submitted?

which part is puzzling? I may be able to explain it better.
A protection order issued against an out-of-state resident is in itself unusual - not unheard of, certainly, but the conditions that are generally present for the issuance of such orders are not of the sort you describe.

Not being informed by the opposing party's attorney what is going on is also unusual.

And more. :)

You really need to see an attorney in your area who can help you make sense of it all.
 

MomInMO76

Junior Member
question

A protection order issued against an out-of-state resident is in itself unusual - not unheard of, certainly, but the conditions that are generally present for the issuance of such orders are not of the sort you describe.

Not being informed by the opposing party's attorney what is going on is also unusual.

And more. :)

You really need to see an attorney in your area who can help you make sense of it all.


do you think that if I could contact the court that originally issued the PO, and request a dismissal, that could help me with the pending charges?

the PO said I cannot come to their residence or work (which I'm obviously not able to do so) and that all contact has to be written via email. I used text vs email because he told me that his wife monitors his email accounts and prior to this PO, he ignored emails. I was only ever able to get him to respond via text. We've used text for everything for 2 years. We set up the phone calls with my son via text. We arranged his visit with his son via text and phone.
 

CTU

Meddlesome Priestess
Has anyone thought about getting the court to order MyFamilyWizard or something to communicate?
 

MomInMO76

Junior Member
Re:

Has anyone thought about getting the court to order MyFamilyWizard or something to communicate?

The ONLY issue I have with that is, his wife will demand she has access. Once she has access to things, I do not know if he is receiving the messages. She demanded in 2014 to be the mediator. I tried to work with her. She has made it clear she has no intentions of facilitating a relationship between my son and his father. When he and I talk to each other, we can usually come to a mutual agreement. But then once he talks to HER, if it's not to her liking, he pretends our agreement never happened.

The ONLY way I can verify that HE is receiving the messages and that HE is the one responding, is via text.
 

not2cleverRed

Obvious Observer
The ONLY issue I have with that is, his wife will demand she has access. Once she has access to things, I do not know if he is receiving the messages. She demanded in 2014 to be the mediator. I tried to work with her. She has made it clear she has no intentions of facilitating a relationship between my son and his father. When he and I talk to each other, we can usually come to a mutual agreement. But then once he talks to HER, if it's not to her liking, he pretends our agreement never happened.

The ONLY way I can verify that HE is receiving the messages and that HE is the one responding, is via text.
You cannot control what goes on in their house.
He chose to be controlled by a different woman.

The usefulness of OurFamilyWizard or similar sites is that the court can view the record of communications as well.
So, if she's answering his communications for him... there will be a record of what the responses are to that. *He's* the one who has to explain what's coming from his end - that's not your problem. *He* has to be the one who explains in court why *he's* unaware of the communications that he's "replied" to. He gets the choice of appearing either henpecked or complicit. Either way, he gets egg on his face.

I *get* that you want to foster a good relationship between kid and Dad. Maybe Dad doesn't care about that. You have to allow for the *possibility* of them having a good relationship - but *Dad* has to take some initiative.

You only have control over you. You cannot control or manage your ex. Step back and just control your end of things, letting the chips fall where they may.
 

quincy

Senior Member
do you think that if I could contact the court that originally issued the PO, and request a dismissal, that could help me with the pending charges?

the PO said I cannot come to their residence or work (which I'm obviously not able to do so) and that all contact has to be written via email. I used text vs email because he told me that his wife monitors his email accounts and prior to this PO, he ignored emails. I was only ever able to get him to respond via text. We've used text for everything for 2 years. We set up the phone calls with my son via text. We arranged his visit with his son via text and phone.
It seems unlikely that the original order of protection will be dismissed while violations of the order are being prosecuted. And you cannot just "contact the court" to request a dismissal.

How often have you been contacting your ex? The court appears to have found the contacts excessive.
 

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