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Author Topic: What can we do?  (Read 3950 times)

asof2005

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What can we do?
« on: Oct 06, 2009, 02:16:13 PM »
I'll try to keep this short.  BM filed ex parte PPO on DH on Sept 2 after she lost in court.  Afidavit is full of lies, the only truthful thing on it is her name.  DH had 10 days to respond and he did.  At the courthouse they did not give him a copy of what he filed, they said they would send it.  We never received anything.  The last week or so I had been wondering about it and another motion that he filed, it seemed to be taking a long time.  We have every letter from court, friend of court, every receipt, everything pertaining to his kids and their mother.

Today he received a letter stating that his motion was denied and the PPO is to stay in place.  The reason is that she showed up and he did not show up.  This was supposed to have happened on September 22.  We never got a letter.  Both of us are more than 100% positive.  This was so important to us, this will effect the kids in school and their extracurricular activities, etc.  What can we possibly do? 


ocean

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Re: What can we do?
« Reply #1 on: Oct 06, 2009, 03:14:02 PM »
When he was served with the PO it should of said the date to go to court,  that is what we do here. Call the court and ask what to do or how you were supposed to know of the date. I would think you need to file to dissolve it somehow.... Do you have a state website you can keep track of the upcoming dates? One good thing about our state is you can look and see if anyone has filed against your file and you can look up criminal court to if that is where she got the PO.

You can also file that you will still have visitation as the PO is not the kids and the ex (isn't it?). You can also have it state that you can go to activities but will not speak to ex for any reason.

asof2005

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Re: What can we do?
« Reply #2 on: Oct 06, 2009, 05:17:21 PM »
When he was served with the PO it should of said the date to go to court,  that is what we do here. Call the court and ask what to do or how you were supposed to know of the date. I would think you need to file to dissolve it somehow.... Do you have a state website you can keep track of the upcoming dates? One good thing about our state is you can look and see if anyone has filed against your file and you can look up criminal court to if that is where she got the PO.

You can also file that you will still have visitation as the PO is not the kids and the ex (isn't it?). You can also have it state that you can go to activities but will not speak to ex for any reason.


it was an emergency ppo, so there was no date to go to court, it stood as is with no proof.   It said he could respond to rescind it or modify it within 10 days.  He did in person and like i said, they didnt give him a copy of it, the copy never came in the mail and we did not receive a paper saying the court date for the motion HE filed against it.  But she obviously got her own copy because our paper saying we were denied for not showing up says that she was there. 

the problems with your suggestion for modifying it is that now since we missed this mystery court date, we cannot not change it, that was our chance to change it or get rid of of it all together.  I am wondering how we can prove to the court we never got the court date.  He has shown up for every one, and he filed this one, so why would he not show up?  I think he is screwed because we never got the paper.

sillystring

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Re: What can we do?
« Reply #3 on: Oct 16, 2009, 12:20:01 PM »
In my state (GA), tpo's are issued immediately upon filing (if granted by the judge) and only in effect until the court date which is usually within 14 days after filing.  At the hearing is where the judge decides to turn it into an actual po or to dismiss it.  There is no filing of a response here - you go to the hearing to give your response.  Are you sure you read the paper right?  The date that was given 10 days later - are you sure that wasn't the hearing date rather then a 'when to respond by' date? 
 
Also in my state, you are given the ability to appeal it 1 time within the timeframe of the po.  My advice to you would be to get a lawyer and appeal it.  Our lawyer for our (bogus) po hearing was around $1500.

asof2005

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Re: What can we do?
« Reply #4 on: Oct 17, 2009, 01:17:31 PM »
In my state (GA), tpo's are issued immediately upon filing (if granted by the judge) and only in effect until the court date which is usually within 14 days after filing.  At the hearing is where the judge decides to turn it into an actual po or to dismiss it.  There is no filing of a response here - you go to the hearing to give your response.  Are you sure you read the paper right?  The date that was given 10 days later - are you sure that wasn't the hearing date rather then a 'when to respond by' date? 

Also in my state, you are given the ability to appeal it 1 time within the timeframe of the po.  My advice to you would be to get a lawyer and appeal it.  Our lawyer for our (bogus) po hearing was around $1500.


The ppo did not give a date to appear in court.  it just it could be requested to rescind or modify.  i thought it was odd that all of his rights were basically stripped because she said some lies.  i thought that he would at least have a hearing right off the bat, but it said we had to file for that.

well, since then, we did appeal it.  also, he got a copy of the one he did not receive.  it said the date it was sent out and that was exactly 7 days (the alloted time) before the court date.  and they tell us to call and check on it after on the 7th day if we dont get it, that would of been too late if we had known that for the first paperwork.  We are calling before 7 days (like they suggested) to make sure we do not miss the appeal.


MrCustodyCoach

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Re: What can we do?
« Reply #5 on: Oct 20, 2009, 06:33:25 PM »
I would call every single day, sometimes more than once per day, until you're absolutely certain.  Just because they send you a letter doesn't mean someone there can't tell you when the hearing is on the docket.  A few clicks of a mouse and they have their answer - you just have to be persistent in getting it.

If it takes a visit - you do it.  Too much damage can be done with a single, ex-parte false accusation resulting in a restraining order.
Mr. Custody Coach - Win Child Custody "Better Prepared, Better Outcome"

*The opinions in this post are solely my own and do not represent the only way to address any particular issue.

asof2005

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Re: What can we do?
« Reply #6 on: Oct 21, 2009, 07:21:29 PM »

If it takes a visit - you do it.  Too much damage can be done with a single, ex-parte false accusation resulting in a restraining order.

Yes, especially since the kids will miss out on a lot of things if it stays in place.  She did it because she was angry and this way she doesn't have to deal with my DH at all.  She already made sure the other dad of her younger daughter is out of both of their lives and since my DH has been there all along, she can't just delete him from her life, this was the next best thing.

 

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