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It's going to cost me a small fortune to be a witness.

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quincy

Senior Member
Here's an update on the criminal and divorce cases.

At the last minute she agreed to a plea bargain on May 6. The plea hearing is going to be on June 5. However, on May 10 a judge issued 3 warrants for her arrest for violating the terms of her release. My best guess is that she has failed yet another test for alcohol. The warrants are currently active.

The judge has not ruled yet on the divorce summary judgment hearing that occurred on April 25. Her attorney submitted some of the financial documents that were requested after the court hearing on April 25 (deadline to submit them was March 30). Those documents still did not include paystubs, bank statements, etc.. The other thing that has happened is that she got fired from her job. She has claimed that she was fired because of the criminal matters she is dealing with, but we have written evidence that shows that she was fired for just cause and it had nothing to do with any criminal matter. According to a friend of hers, she does not intend to get another job because her boyfriend is willing to take care of her. I am actually wondering if she did what was needed to get fired because she wanted to be fired. I have no idea how this will affect child support or spousal maintenance.

It's driving me crazy waiting for the judge to rule. He has up to 90 days and it's only been 27 days. It feels like forever.

Thanks for taking the time to read this.
Thank you for the update, Hunterman.

Waiting is often the hardest part ... but, with what you've experienced, it is sort of hard to pick out a "hardest part." None of it has been easy.

I hope you hear from the judge soon.
 

not2cleverRed

Obvious Observer
Here's an update on the criminal and divorce cases.

At the last minute she agreed to a plea bargain on May 6. The plea hearing is going to be on June 5. However, on May 10 a judge issued 3 warrants for her arrest for violating the terms of her release. My best guess is that she has failed yet another test for alcohol. The warrants are currently active.

The judge has not ruled yet on the divorce summary judgment hearing that occurred on April 25. Her attorney submitted some of the financial documents that were requested after the court hearing on April 25 (deadline to submit them was March 30). Those documents still did not include paystubs, bank statements, etc.. The other thing that has happened is that she got fired from her job. She has claimed that she was fired because of the criminal matters she is dealing with, but we have written evidence that shows that she was fired for just cause and it had nothing to do with any criminal matter. According to a friend of hers, she does not intend to get another job because her boyfriend is willing to take care of her. I am actually wondering if she did what was needed to get fired because she wanted to be fired. I have no idea how this will affect child support or spousal maintenance.

It's driving me crazy waiting for the judge to rule. He has up to 90 days and it's only been 27 days. It feels like forever.

Thanks for taking the time to read this.
Thank you for the update.

I think I would be tempted to let her have her narrative: being unemployed because of "criminal matters" that she is dealing with makes that unemployment, to some extent, voluntary. After all, it's not as though she's "not guilty"; it's not as though she doesn't have 3 active warrants.

Fret less. It ends eventually.

And child support can always be modified.
 

Hunterman

Junior Member
It's been a month since I have given an update. On June 6 she did end up pleading guilty to two of the lesser charges as part of a plea barbain. There's a sentencing hearing schedule for August 7. I will be presenting a victim impact statement at that hearing. I will be asking for a long DANCO (Domestic Abuse No Contact Order). I just want her to leave me alone. She appeared at the plea hearing in a jail uniform and shackles because she was arrested that morning for failing yet another urine test for alcohol. I will also try to emphasize to the judge the seriousness of her alcohol abuse.

The judge still has not made a ruling on the April 25 hearing where my attorney made a motion for a summary judgment in the divorce case. It's been exactly 60 days since that hearing.

I have a question that I hope someone here can help with. Besides the DANCO, I also have a regular restraining order on her that expires on August 6. Since she has violated the restraining order quite a few times and is still a threat, I want to extend that order. Is it a simple process that I can do myself? Does it require another court appearance?
 

quincy

Senior Member
It's been a month since I have given an update. On June 6 she did plead guilty to two of the lesser charges. There's a sentencing hearing schedule for August 7. I will be presenting a victim impact statement at that hearing. I will be asking for a long DANCO (Domestic Abuse No Contact Order). I just want her to leave me alone. She appeared at the plea hearing in a jail uniform and shackles because she was arrested that morning for failing yet another urine test for alcohol. I will also try to emphasize to the judge the seriousness of her alcohol abuse.

The judge still has not made a ruling on the April 25 hearing where my attorney made a motion for a summary judgment. It's been exactly 60 days since that hearing.

I do have a question that I hope someone here can help with. Besides the DANCO, I also have a regular restraining order on her that expires on August 6. Since she has violated the restraining order quite a few times and is still a threat, I want to extend that order. Is it a simple process that I can do myself? Does it require another court appearance?
Thanks for the latest update.

To get an extension on the restraining order, you will need to return to court.
 

Hunterman

Junior Member
The judge made his ruling today on the request for a default judgment. It took him 83 days to make the ruling. His ruling is 11 pages long. I will give the judge good marks for being thorough, even if I am not happy with what he has ruled.

He has denied my request for a default judgment saying that such a ruling would be extreme and that a lesser sanction might be adequate to force her to comply with discovery and interrogatories. He has scheduled a civil Contempt of Court hearing for August 16. It is clear that he is doing everything he can to get her to respond.

The interrogaties and discovery requests were originally made in September. The judge scolded her for not providing them, in full, in December and again in March. There has been no progress in the divorce in over a year. This is taking much too long.
 

quincy

Senior Member
The judge made his ruling today on the request for a default judgment. It took him 83 days to make the ruling. His ruling is 11 pages long. I will give the judge good marks for being thorough, even if I am not happy with what he has ruled.

He has denied my request for a default judgment saying that such a ruling would be extreme and that a lesser sanction might be adequate to force her to comply with discovery and interrogatories. He has scheduled a civil Contempt of Court hearing for August 16. It is clear that he is doing everything he can to get her to respond.

The interrogaties and discovery requests were originally made in September. The judge scolded her for not providing them, in full, in December and again in March. There has been no progress in the divorce in over a year. This is taking much too long.
It does seem to be dragging on longer than it should. The judge is showing amazing tolerance.

Good luck on August 16.
 

PayrollHRGuy

Senior Member
Thanks for keeping us updated.

Should she not show up or do anything to drag this out again at the August hearing I would renew the motion for summary judgment.
 

Hunterman

Junior Member
Quick questions. I just saw online that the woman I am divorcing had a warrant issued for her arrest yesterday. All it says is that she "Violated the conditions of release" and "Failure to appear". Since there were not any hearings scheduled, could this warrant be for not showing up for a court ordered urine test? She has failed several urine tests already this year. Are there other possible common things this warrant could be for? It is in Minnesota.

Thank you for any possible information. I appreciate it.
 

quincy

Senior Member
Quick questions. I just saw online that the woman I am divorcing had a warrant issued for her arrest yesterday. All it says is that she "Violated the conditions of release" and "Failure to appear". Since there were not any hearings scheduled, could this warrant be for not showing up for a court ordered urine test? She has failed several urine tests already this year. Are there other possible common things this warrant could be for? It is in Minnesota.

Thank you for any possible information. I appreciate it.
If she violated the terms of probation and failed to appear in court for a hearing, a warrant would be issued for her arrest.
 

not2cleverRed

Obvious Observer
Quick questions. I just saw online that the woman I am divorcing had a warrant issued for her arrest yesterday. All it says is that she "Violated the conditions of release" and "Failure to appear". Since there were not any hearings scheduled, could this warrant be for not showing up for a court ordered urine test? She has failed several urine tests already this year. Are there other possible common things this warrant could be for? It is in Minnesota.

Thank you for any possible information. I appreciate it.
Does it really matter?

The woman is a train wreck.

If they actually arrest her, you and the kids might get a chance at a good nights sleep, no matter how hot it gets.
 

Just Blue

Senior Member
Does it really matter?

The woman is a train wreck.

If they actually arrest her, you and the kids might get a chance at a good nights sleep, no matter how hot it gets.
I can't blame @Hunterman . I'm willing to bet some cyber $$ that he and the kids are suffering anxiety/PTSD from all the crap his Ex has put them through. I HIGHLY recommend therapy for all of them.
 

not2cleverRed

Obvious Observer
I can't blame @Hunterman . I'm willing to bet some cyber $$ that he and the kids are suffering anxiety/PTSD from all the crap his Ex has put them through. I HIGHLY recommend therapy for all of them.
I believe this was suggested in an earlier thread, and he confirmed that they have sought help.

Confirmed: https://forum.freeadvice.com/threads/urine-test-diluted-while-on-pre-trial-probation.653804/ (Posts #7 and #12.)

I can understand Hunterman wanting this to end, rather than continuing in legal limbo.
 

Hunterman

Junior Member
Another update. I requested and received an extension of the Order for Protection. The judge extended, without a hearing, the OFP for two years. The soon-to-be ex then requested a hearing, which was scheduled last week. She then did not show up for the hearing so the judge ruled that the OFP is in effect.

She was sentenced yesterday to 180 days in jail with credit for 13 days and the rest of the time stayed. She was fined $2,000 with $1,800 of it stayed. She also was ordered to pay $176 in law library costs. She was put on probation for two years, must not possess or consume any mood-altering substances, and will be taking random urine tests while on probation. She must complete a chemical dependency assessment within 30 days and a mental health assessment within 60 days. The judge also extended the Domestic Abuse No Contact Order for two years.

Friday then 16th is when the contempt of court hearing for the divorce case is to be held. My attorney wanted me to meet with him this week to prepare for that hearing and he asked me to call him this week. I have left messages for my attorney on Monday, Tuesday, and today and he still hasn't got back to me. I have only talked with my attorney once this summer (when he told me that I could probably successfully handle the OFP hearing without him), so it's kind of frustrating not to get a call back. Would be nice to have this entire thing over with.
 

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