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Another emergency restraining order...

Started by Leafypoint, Dec 19, 2003, 11:05:02 PM

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Leafypoint

Well, I'm not even sure what the heck I'm even supposed to ask, but I know my husband and I need help. Donations of monetary amounts would be appreciated. ;-) Just kidding...a sad attempt at humor in a dark situation...anyway, on to my question...
My husband's ex-wife received a TRO on December 3 based on misleading information. The TRO stated that my husband could not permit his son to be unsupervised with me (stepmother). At the hearing on December 17th, she didn't show up, so the hearing was struck. Short-lived victory for us.
Today was the first day that my husband had visitation that the order wasn't in affect, so I went to the school to pick my stepson up. Of course, the ex-wife was there. Needless to say, she very loudly announced that she would not allow me to pick up the child from school. I reminded her that if she left with him, she would be in contempt. She shrugged and started leaving. I asked one of the secretaries to witness the fact that the ex-wife was not allowing me to pick him up, and that she was leaving with him. She was very enthusiastic to be a witness to this event (these kinds of episodes have occured off and on for three years now). That stopped the ex-wife, so I walked to the secretary and produced the minutes of the hearing from December 17 to show that it had been struck due to the ex-wife (moving party) not showing up, and the TRO was no longer in affect. The ex asked to see it. The ex-wife demanded a copy of the paper, and the head secretary (who was also witnessing this whole melodramatic episode) took the paper from her, ran a copy and gave it to the ex. To make a long story short, the ex-wife took the child, refusing to allow me to take him to his father's. There is a transportation provision in the parenting plan allowing me to pick up/drop off the child. Now the real fun begins...
I went home, called the police, nothing they could do, blah blah blah go to court on Monday file a contempt. Which we were planning on doing anyway. Husband shows up after work tonight with child, holding ANOTHER TEMPORARY RESTRAINING ORDER from the ex-wife FOR THE EXACT SAME THING THAT SHE HAD FILED BEFORE AND DIDN'T SHOW UP FOR. They actuallly granted her another TRO less than three days from the hearing for the other restraining order which was dropped because she didn't bother showing up in court! I believe that they granted her the TRO because she didn't contact my husband about the hearing (even though she said she did) and it was a different commissioner than the one who struck the hearing on December 17.  It's obviously a retaliatory move on her part to intimidate us into not filing for the contempt for fear that the judge will think that MY HUSBAND'S motion is in retaliation to her TRO. Holy crap, that would make an excellent soap-opera plot!
I hope you're following me so far...
So I guess my question is, should my husband go ahead and file the contempt charge against her? We are getting declaration statements from both of the school secretaries who witnessed this event.
Oh, and just for a time line:(December 19) 3:20 P.M. - attempt to pick up child; 3:30 P.M. - ex-wife leaves school with child; 4:55 P.M. - ex-wife receives another TRO.
Maybe more of a strategy question than a legal question, but any ANY help would be appreciated.

socrateaser

Restraining order must be served personally on the person to be restrained, therefore at the time you picked up the child, the other parent is in contempt for violating the original custody/visitation orders.

Get a sworn affidavit from the witness, and subpoena her to a contempt hearing. Your more powerful claim is not that the parent didn't transfer the child on this occassion but rather that her regular and routine behavior is to frustrate the best interests of the child by denying access and creating a hostile environment, as evidenced by this incident, as well as the filing of multiple motions for TROs and then failing to appear.

:)

Leafypoint

Oh, thank you SO MUCH for your help! My husband is going to file the contempt today, and hopefully, with your advice, also get the TRO dropped so that we can have a relatively normal Christmas.
You have no idea how much we both, husband and I, appreciate the time that you've taken to read and respond to our post.
Thank you again, and Merry Christmas!
:-)