Set my mind at ease...

[co2sarg]

I don't actually know if Stupidhead ever got served or not...

Here's a link that may help you follow your pending or any future case in MO: http://www.courts.mo.gov/casenet/cases/searchCases.do?searchType=name

I have questions though (of course):

1) Is this new order to show cause a new filing complete with new filing fees?
2) Will I likely have to pay the Sheriff's department to attempt to serve the new paperwork, or is there some level of accountability for not even attempting service until it was technically too late anyway?

You will find the answers to these questions here: http://www.moga.state.mo.us/STATUTES/STATUTES.HTM

I wish you luck!

 

[CJane]

Here's a link that may help you follow your pending or any future case in MO: http://www.courts.mo.gov/casenet/cases/searchCases.do?searchType=name

My county doesn't post service information at case net. Don't know why, but they don't. I can check the docket, see what's been happening from the judge's end... but the rest of it won't ever appear there.

You will find the answers to these questions here: http://www.moga.state.mo.us/STATUTES/STATUTES.HTM

I wish you luck!

Thank you.

The statutes don't address the specific questions for this... the local court rules would, but they're currently unavailable. (Don't ask)

The Missouri Rules of Civil Procedure http://www.plf.net/pro/mociv.htm address service, but not what happens when service fails and how to handle it financially... again, that's a local deal, as near as I can tell.

waitinMd...

I CAN have 'just anyone' serve Stupidhead - and I've thought about it - but with the restraining orders still in effect, I don't want even a glimmer of impropriety on my part or for him to claim that I contacted him by proxy. He's just that crazy.

 

[JacobJoel]

hah!

re: cjane's response "i drink a lot"

that is funny/not funny. i NEVER drank prior to this stuff cropping up. now i find that when the kids are coming over i do better if i sit in the other room w/a book or computer and sip a glass of wine.

so serious.

i just want to stay focused on NOT saying or doing anything that can be misconstrued or embellished to her favor. that applies even when i post on here because she may find this place someday and God help me if i have misrepresented her.

and i agree. doing something for the right reason makes the total difference.

 

[casa]

Well CJane~ This explains why there was no cat nailed to your door.

I would seriously try to go in person to ask the sheriff's if they will serve him again since they were unsuccessful in the first attempt. Explain the financial situation. See what happens. I don't recommend using a friend bc of the RO.

 

[CJane]

Well CJane~ This explains why there was no cat nailed to your door.

Well, yes, that's true. Also explains why he didn't go all Stupidhead on me when I picked up the kids last weekend.

I would seriously try to go in person to ask the sheriff's if they will serve him again since they were unsuccessful in the first attempt. Explain the financial situation. See what happens. I don't recommend using a friend bc of the RO.

I just called the SD, and the process server is out. BIG surprise. However, the person I spoke with said "We always attempt service within 10 days of getting the paperwork." I said "Really? Because according to the docket, you received the paperwork on the 31st of August, court was today and no attempt at service was made until the 20th which would have been too late anyway." She said "Oh, let me transfer you to the process server's VM."

So... we'll see. I'm going to type up the Order and take it up to the court house and Unruly has a Dr's appointment this afternoon, so I guess I'm not going into work at all. *sigh*

 

[casa]

Well, yes, that's true. Also explains why he didn't go all Stupidhead on me when I picked up the kids last weekend.



I just called the SD, and the process server is out. BIG surprise. However, the person I spoke with said "We always attempt service within 10 days of getting the paperwork." I said "Really? Because according to the docket, you received the paperwork on the 31st of August, court was today and no attempt at service was made until the 20th which would have been too late anyway." She said "Oh, let me transfer you to the process server's VM."

So... we'll see. I'm going to type up the Order and take it up to the court house and Unruly has a Dr's appointment this afternoon, so I guess I'm not going into work at all. *sigh*

They 'attempt' service...not 'provide' it...nice escape clause. I'd speak to the server & reiterate your confusion re; why he wasn't served within the time frame guidelines the SD provides? See if they'll make another attempt.

Hang In There ~ it's going to be worth it

 

[CJane]

They 'attempt' service...not 'provide' it...nice escape clause. I'd speak to the server & reiterate your confusion re; why he wasn't served within the time frame guidelines the SD provides? See if they'll make another attempt.

Hang In There ~ it's going to be worth it

Well, I left him a VM just basically saying that I was confused (because the helpless female all alone and scared routine works wonders in my experience) because they'd received the paperwork on the 31st and hadn't attempted service until the 20th and it was my understanding they should have attempted on the 11th or 12th at the latest, and service had to be accomplished by the 19th for it to even be considered 'good service' and that I hoped he'd call me back and explain to me what I could do differently this time to make sure everything happened as it's supposed to.

We'll see.

It's a good thing I don't have a therapist anymore... I'd be racking up the bills.

 

[wileybunch]

I'm going to type up the Order and take it up to the court house and Unruly has a Dr's appointment this afternoon, so I guess I'm not going into work at all. *sigh*

I know it's a necessary part of life with custody/visitation issues, but just want to say that really stinks you had to waste a day b/c others don't do the right thing.

 

[CJane]

I know it's a necessary part of life with custody/visitation issues, but just want to say that really stinks you had to waste a day b/c others don't do the right thing.

Well, thankfully Unruly woke up with an earache this morning, so I could spend my wasted day taking her to the doctor and getting meds and stuff.

Question:

Is this

Prima facie is often confused with res ipsa loquitur ("the thing speaks for itself"), the common law legal doctrine that when the facts suggest that negligence or responsibility for some matter is self-evident, it is not necessary for a plaintiff to provide extraneous details, since "the thing speaks for itself".

The difference between the two is that prima facie is a term meaning the matter seems obvious and self-explanatory. Res ipsa loquitur is then the legal argument that because it is so obvious, the plaintiff can stop their explanation there and does not have to provide any further in-depth details to prove liability, because it "speaks for itself".

Why the Order to Show Cause appears to presume the guilt of Stupidhead?

 

[CJane]

I was gonna start a new thread, but look! I'm being a good girl!

So, we have a new court date - Nov 1.

Questions:

1) Should I call the Sheriff's Dept and tell them that he'll be at X (the dropoff location) on Sept 30 and Oct 14 at 8pm and they could serve him for sure then?

That's essentially what he did to get me served with the restraining orders.

2) I was going to ask that the restraining orders be extended, or the public drop off be entered permanently into our order, when at the hearing on Monday. Obviously since it was cancelled, I didn't get the opportunity. The ROs expire on Oct 10. How do I get them extended (remember they're against me) before Nov 1? I don't want to have to go back to pick-ups at Stupidhead's house.

 

[Ozark_Sophist]

I was gonna start a new thread, but look! I'm being a good girl!

So, we have a new court date - Nov 1.

Questions:

1) Should I call the Sheriff's Dept and tell them that he'll be at X (the dropoff location) on Sept 30 and Oct 14 at 8pm and they could serve him for sure then?

That's essentially what he did to get me served with the restraining orders.

2) I was going to ask that the restraining orders be extended, or the public drop off be entered permanently into our order, when at the hearing on Monday. Obviously since it was cancelled, I didn't get the opportunity. The ROs expire on Oct 10. How do I get them extended (remember they're against me) before Nov 1? I don't want to have to go back to pick-ups at Stupidhead's house.

The procedure for RO has changed in MO. I believe you will have to file a petition.

You can tell the Sheriff's Dept--as if it would do any good...ok...it might.

 

[CJane]

The procedure for RO has changed in MO. I believe you will have to file a petition.

Please to 'splain?

 

[Ozark_Sophist]

Please to 'splain?

It used to be the judge could just order a RO or make a RO a mutual order without a petition (like at a hearing for one parties ex parte petition, the judge used to be able to enter a mutual order). The rules have changed that a petition must be submitted.

Given you are the respondent in the initial order, you wouldn't have any standing to request a renewal anyway.

 

[CJane]

It used to be the judge could just order a RO or make a RO a mutual order without a petition (like at a hearing for one parties ex parte petition, the judge used to be able to enter a mutual order). The rules have changed that a petition must be submitted.

Ahhh... explains why the judge refused to make the orders mutual at the time... he just said "If she (SMom) calls you or approaches you, hang up or walk away" and so far, that's worked.

Given you are the respondent in the initial order, you wouldn't have any standing to request a renewal anyway.

That's why I wanted to ask as part of the hearing on Monday. I wanted to explain to the judge that the past year has been WONDERFUL and I'd like the wonderfulness to continue for myself AND the children... and ask him to enter the public drop off into the parenting plan as an addendum.

And then we didn't have the hearing on Monday.

And I don't really have standing to get an R/O against him or his wife since we've essentially had no contact for a year.

So lemme ask this...

The R/O expires on Oct. 10. I have to pick the kids up on Oct 14. The public location P/U is only a function of the R/O, the parenting plan says "At the possessing parent's residence". So I'm correct in assuming that on the 14, the 'proper' pick up location is Stupidhead's house, right?

Maybe HE'LL file to extend the R/Os... but I doubt he even remembers that they'll expire.

 

[LdiJ]

Ahhh... explains why the judge refused to make the orders mutual at the time... he just said "If she (SMom) calls you or approaches you, hang up or walk away" and so far, that's worked.



That's why I wanted to ask as part of the hearing on Monday. I wanted to explain to the judge that the past year has been WONDERFUL and I'd like the wonderfulness to continue for myself AND the children... and ask him to enter the public drop off into the parenting plan as an addendum.

And then we didn't have the hearing on Monday.

And I don't really have standing to get an R/O against him or his wife since we've essentially had no contact for a year.

So lemme ask this...

The R/O expires on Oct. 10. I have to pick the kids up on Oct 14. The public location P/U is only a function of the R/O, the parenting plan says "At the possessing parent's residence". So I'm correct in assuming that on the 14, the 'proper' pick up location is Stupidhead's house, right?

Maybe HE'LL file to extend the R/Os... but I doubt he even remembers that they'll expire.

If he doesn't remember that they will expire, then he is likely to expect the exchange to take place where you have been doing it for the last year. I would show up there, and then if he is a no show THEN proceed to his house.