• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

How many hearings before trial?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Bulldog1

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


Well it's been 3 custody hearings in so far and still no custody order in place. My attorney says we are still in the beginning stages. For all of you whom been through this before, how many hearings. mediations did you go through before ultimately going to trial? My next hearing is in middle of May. And unless my stbx and myself can come to some sort of custody agreement the case will drag on and on.
 


Rushia

Senior Member
Depending on where in NY you are, it could take several appearances (think a year or so). Further you should update your thread in the divorce section so that people will know what happened in court yesterday.
 

Bulldog1

Member
Depending on where in NY you are, it could take several appearances (think a year or so). Further you should update your thread in the divorce section so that people will know what happened in court yesterday.
I wanted to post in that thread but did not want to change the topic.
 

Bulldog1

Member
From my previous thread

Never in a million years would i have thought I would be posting my own DV thread. I'm sure most of you are tired of reading through my post about me bitching about my inlaws staying in my home against my will. Well this post is something different.
I do not want to go into too much detail unless asked. Here is a quick rundown of what transpired

4/6 - STBX and STBXMIL (yes she is STILL here and won't leave since 3/20) begin arguing with me when I brought my daughter back home accusing me of lying on where I took my daughter for the day. i took her to a local park and had a fantastic time together fyi. I responded with, " I am her dad and I don't have to tell you every little detail about where and what i do with her as long as she is safe with me." STBX went bonkers and as I turned my back heading towards my basement, she pushes me and yells "GO DOWNSTAIRS". She then threatens me by screaming "You don't live here until you pay me for all of my attorney fees", "Your family is going to have a real problem if I dont get my money", "I hope your parents know they have an illegal driveway", "GET OUT, GET OUT!". (This is all happening while she is holding our daughter and my daughter begins to cry). I told her she's making the baby cry. That set her off even more, then she says Im going to call 911 and tell them you hit me (she has a temp order of protection on me). Her mother chimes in and says "Oh, I just saw you push my daughter, "I'm a witness." Mind you at this point I am already halfway down the stairs. I immediately left the house. I recorded the whole thing with my audio recorder.

4/10- I filed and was granted an order of protection against STBX for trying to forcefully push me down the stairs and screaming at me.

4/11- STBX was served around 5pm. Decides to call my parents to tell them she will no longer allow my daughter to visit them at their house. Then later on that same night unbeknownced to me, she drives to the local police precinct and files a report stating that on 4/6, i pushed her.

4/14- I email STBX from my parents home telling her I am on my way to pick up the baby to take her out for the day. I get no response. So, I decided to just drive over there anyway. When I arrived, I greeted my daughter, and said ok, it's time to go with daddy now. Stbx said "Ok, let me get you ready".

I figured while she is getting the baby ready, I'll go upstairs and grab a few personal items from my room. Then I see her going into her room (she locks it). I figured maybe she needed to grab a new outfit for the baby. I didnt think much of it.

So, I walk back down and so does stbx. Stbxmil is holding the baby and whispers something to stbx. All of a sudden, stbx goes "Oh its time to feed the baby". Stbxmil goes "Oh yes, its time for her to eat". Mind you, I just wanted to take my daughter and leave at this point but to avoid confrontation I just sat on my staircase quietly waiting. I peeked over to see my baby to realize she is still wearing the same outfit when I first walked in to greet her.

Then, as I am still waiting, the doorbell rings. I answer. It's 2 police officers responding to a 911 call placed from my address. They asked me who called, I said officer I just got here myself a few minutes ago and that I was waiting to pick my daughter up, I did not call. Then stbx comes out saying "I called officer, this man violated the order of protection and there is a warrant for his arrest, so you need to arrest him right now". She shows them the order and her police report. They cuff me and took me to jail. While being processed, the officer realized that stbx filed the police report immediately after she was served with the order of protection and she filed FIVE days after the date of the incident she claimed. Why would she wait FIVE days to file a domestic violence police report? The officer didn't buy it and said stbx "worked the system". However, it was too late. I was put in a cell for 24 hours then was transfered to criminal court to go before a judge. The District attorney dismissed my case. I didn't have to appear for the judge. They let me go but the damage has been done. I suffered that day, but what really hurt me the most was I missed out on a day that I should have been spending with my child and how they used my child as "bait" to keep me waiting until the police arrived.

Will this incident have a great influence when the judge decides on custody?

What she did to me, is this considered criminal?
 

AkersTile

Member
Never in a million years would i have thought I would be posting my own DV thread. I'm sure most of you are tired of reading through my post about me bitching about my inlaws staying in my home against my will. Well this post is something different.
I do not want to go into too much detail unless asked. Here is a quick rundown of what transpired

4/6 - STBX and STBXMIL (yes she is STILL here and won't leave since 3/20) begin arguing with me when I brought my daughter back home accusing me of lying on where I took my daughter for the day. i took her to a local park and had a fantastic time together fyi. I responded with, " I am her dad and I don't have to tell you every little detail about where and what i do with her as long as she is safe with me." STBX went bonkers and as I turned my back heading towards my basement, she pushes me and yells "GO DOWNSTAIRS". She then threatens me by screaming "You don't live here until you pay me for all of my attorney fees", "Your family is going to have a real problem if I dont get my money", "I hope your parents know they have an illegal driveway", "GET OUT, GET OUT!". (This is all happening while she is holding our daughter and my daughter begins to cry). I told her she's making the baby cry. That set her off even more, then she says Im going to call 911 and tell them you hit me (she has a temp order of protection on me). Her mother chimes in and says "Oh, I just saw you push my daughter, "I'm a witness." Mind you at this point I am already halfway down the stairs. I immediately left the house. I recorded the whole thing with my audio recorder.

4/10- I filed and was granted an order of protection against STBX for trying to forcefully push me down the stairs and screaming at me.

4/11- STBX was served around 5pm. Decides to call my parents to tell them she will no longer allow my daughter to visit them at their house. Then later on that same night unbeknownced to me, she drives to the local police precinct and files a report stating that on 4/6, i pushed her.

4/14- I email STBX from my parents home telling her I am on my way to pick up the baby to take her out for the day. I get no response. So, I decided to just drive over there anyway. When I arrived, I greeted my daughter, and said ok, it's time to go with daddy now. Stbx said "Ok, let me get you ready".

I figured while she is getting the baby ready, I'll go upstairs and grab a few personal items from my room. Then I see her going into her room (she locks it). I figured maybe she needed to grab a new outfit for the baby. I didnt think much of it.

So, I walk back down and so does stbx. Stbxmil is holding the baby and whispers something to stbx. All of a sudden, stbx goes "Oh its time to feed the baby". Stbxmil goes "Oh yes, its time for her to eat". Mind you, I just wanted to take my daughter and leave at this point but to avoid confrontation I just sat on my staircase quietly waiting. I peeked over to see my baby to realize she is still wearing the same outfit when I first walked in to greet her.

Then, as I am still waiting, the doorbell rings. I answer. It's 2 police officers responding to a 911 call placed from my address. They asked me who called, I said officer I just got here myself a few minutes ago and that I was waiting to pick my daughter up, I did not call. Then stbx comes out saying "I called officer, this man violated the order of protection and there is a warrant for his arrest, so you need to arrest him right now". She shows them the order and her police report. They cuff me and took me to jail. While being processed, the officer realized that stbx filed the police report immediately after she was served with the order of protection and she filed FIVE days after the date of the incident she claimed. Why would she wait FIVE days to file a domestic violence police report? The officer didn't buy it and said stbx "worked the system". However, it was too late. I was put in a cell for 24 hours then was transfered to criminal court to go before a judge. The District attorney dismissed my case. I didn't have to appear for the judge. They let me go but the damage has been done. I suffered that day, but what really hurt me the most was I missed out on a day that I should have been spending with my child and how they used my child as "bait" to keep me waiting until the police arrived.

Will this incident have a great influence when the judge decides on custody?

What she did to me, is this considered criminal?
Most judges do not like games, especially when said games involve children. Kudos to you for keeping your tape recorder with you. Make sure you have it with you at all times when dealing with Mom or MIL just in case. You should probably also have a witness with you at any time when you pick up or drop off kiddo. It could be a while before you go to trial, but in the meantime, I would try to get some sort of temporary orders done so that you have kiddo at certain times, and request for pickup and dropoff to be at the local police station. From what I have read in your posts, you seem to keep track of things pretty well. Something that I have learned from this site, as well as family and friends is to have a notebook or journal and document everything. I personally do not have a notebook as my skids are older and nosy, but I make notes on my phone and document everything in a file I save onto a flash drive. It will definitely help build your credibility in court if you can say what happened down to exact date and time. Good luck and keep us updated.
 

single317dad

Senior Member
OP, I told you this was going to happen. If you're not going to heed the advice given here, all I can say is go talk to your lawyer.
 

BL

Senior Member
It could take a few court appearances .

In the meantime find a Family Law Attorney.

If you can not afford one, one may be appointed by the court, under " Poor Person " status, if qualified.

Until this get's settled you'd do well to stay away from the Mom and in-law.

Why haven't you ask for temp. orders ,although the court's may not grant them.
 

Bulldog1

Member
It could take a few court appearances .

In the meantime find a Family Law Attorney.

If you can not afford one, one may be appointed by the court, under " Poor Person " status, if qualified.

Until this get's settled you'd do well to stay away from the Mom and in-law.

Why haven't you ask for temp. orders ,although the court's may not grant them.

I have an attorney. I had a hearing yesterday regarding this DV incident. The judge didn't order anything other than extending the orders of protection on both of us and advised us to not live together. I have been staying with my parents on and off since stbxmil came to town. The only time I would see them is when I pickup and dropoff my daughter and EVERY time they cause heartache. I was very upset that stbx didn't get repremanded for having me arrested. My attorney even showed the judge the dismissal letter from the DA. The two lawyers made it very clear to the judge that both sides undoubtly cannot reach an agreement. I figured that by itself would have warranted the judge to put something into an order.

Singledad, you were 100% spot on, however the judge will not give any temp orders just yet. Next hearing will be in May. The judge mentioned we may be court ordered for a forensics evaluation next.
 

BL

Senior Member
I have an attorney. I had a hearing yesterday regarding this DV incident. The judge didn't order anything other than extending the orders of protection on both of us and advised us to not live together. I have been staying with my parents on and off since stbxmil came to town. The only time I would see them is when I pickup and dropoff my daughter and EVERY time they cause heartache. I was very upset that stbx didn't get repremanded for having me arrested. My attorney even showed the judge the dismissal letter from the DA. The two lawyers made it very clear to the judge that both sides undoubtly cannot reach an agreement. I figured that by itself would have warranted the judge to put something into an order.

Singledad, you were 100% spot on, however the judge will not give any temp orders just yet. Next hearing will be in May. The judge mentioned we may be court ordered for a forensics evaluation next.
This will undoubtedly take perhaps a few months.

Hang in there.

Your lawyer should have ask for an admonishment.
 

Bulldog1

Member
Thread deleters get no help either.
What is your beef with me? I already apologized to you via pm. You made it clear to not start more threads and to stick with one. This is what I am trying to do. If you choose to not help, then that's your choice. More power to you
 

ecmst12

Senior Member
And yet you started another new thread and deleted all your previous threads which is the ultimate ingratitude.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top