OFP continued from below...

[Sunshine1]

Ok Soc, I have filed a TRO on the children's SM (bipolar off meds), as she tried to committ suicide and wants me dead as well as our children becasue we are her main target when she is in her manic state. I have a court date at the end of the month.

It says in the petition that the respondent must show why this TRO should be lifted.

I spoke with the BF today and he kept asking me "what I was trying to accomplish" and "how much time needed to pass before I felt safe again before the children could come back there..with her there". I told him that I do not feel safe, and I do not feel comfortable with that whole situation, and I am going to ensure that nothing will ever happen, and nothing in our visitation arrangement has changed.  He can see the kids as long as she is not present.

He is the one that told me to be afraid of her in the first place and told me all the things she had been doing and then I have my string of messages from her to me about death and just rantings and ravings.  He simply thinks now that she is on her meds everything is hunky dorey..I do not feel that way.

1. What can I do to better prepare myself for this court hearing so it will not be lifted?

2. I have the phone messages and even our conversation from today recorded..(no call from this house goes unrecorded) Should I transcribe them and bring them or will the recordings be enough?

3. He is not a party to the action, so he can't bring up any visitation arrangement in this court, he would have to file something with family court correct?

Thank you!!!!!!

[socrateaser]

>1. What can I do to better prepare myself for this court
>hearing so it will not be lifted?

Bring your evidence of the step parent's behavior. If your ex submits evidence that his spouse's medication eliminates any threat to you or the child(ren), then you can request that the court maintain the TRO until such time as stepmother is evaluated by an objective psychotherapist appointed by the court, and that evidence is provided for the court's review.

The court will almost certainly grant your motion.

>
>2. I have the phone messages and even our conversation from
>today recorded..(no call from this house goes unrecorded)
>Should I transcribe them and bring them or will the recordings
>be enough?

If you are certain that you have satisfied the various statutes covering interception/recording of electronic communications, then you should have the recordings transcribed by a certified court reporter. If you do it yourself, the other party can object that the transcripts are "not the best evidence" and that they lack foundation. The court may agree.

There are a lot of twists and turns to the issue of recordings as evidence, and I just don't have time to cover them all here.

>3. He is not a party to the action, so he can't bring up any
>visitation arrangement in this court, he would have to file
>something with family court correct?

He would have to move to intervene, and it would likely be granted because he does have a substantial interest in the outcome of your TRO. However, he cannot represent his spouse in court, so if he attempts to speak on her behalf (other than as a witness), then you should object to his attempting to practice law without a license.

[Sunshine1]

Ok Soc, I have filed a TRO on the children's SM (bipolar off meds), as she tried to committ suicide and wants me dead as well as our children becasue we are her main target when she is in her manic state. I have a court date at the end of the month.

It says in the petition that the respondent must show why this TRO should be lifted.

I spoke with the BF today and he kept asking me "what I was trying to accomplish" and "how much time needed to pass before I felt safe again before the children could come back there..with her there". I told him that I do not feel safe, and I do not feel comfortable with that whole situation, and I am going to ensure that nothing will ever happen, and nothing in our visitation arrangement has changed.  He can see the kids as long as she is not present.

He is the one that told me to be afraid of her in the first place and told me all the things she had been doing and then I have my string of messages from her to me about death and just rantings and ravings.  He simply thinks now that she is on her meds everything is hunky dorey..I do not feel that way.

1. What can I do to better prepare myself for this court hearing so it will not be lifted?

2. I have the phone messages and even our conversation from today recorded..(no call from this house goes unrecorded) Should I transcribe them and bring them or will the recordings be enough?

3. He is not a party to the action, so he can't bring up any visitation arrangement in this court, he would have to file something with family court correct?

Thank you!!!!!!

[socrateaser]

>1. What can I do to better prepare myself for this court
>hearing so it will not be lifted?

Bring your evidence of the step parent's behavior. If your ex submits evidence that his spouse's medication eliminates any threat to you or the child(ren), then you can request that the court maintain the TRO until such time as stepmother is evaluated by an objective psychotherapist appointed by the court, and that evidence is provided for the court's review.

The court will almost certainly grant your motion.

>
>2. I have the phone messages and even our conversation from
>today recorded..(no call from this house goes unrecorded)
>Should I transcribe them and bring them or will the recordings
>be enough?

If you are certain that you have satisfied the various statutes covering interception/recording of electronic communications, then you should have the recordings transcribed by a certified court reporter. If you do it yourself, the other party can object that the transcripts are "not the best evidence" and that they lack foundation. The court may agree.

There are a lot of twists and turns to the issue of recordings as evidence, and I just don't have time to cover them all here.

>3. He is not a party to the action, so he can't bring up any
>visitation arrangement in this court, he would have to file
>something with family court correct?

He would have to move to intervene, and it would likely be granted because he does have a substantial interest in the outcome of your TRO. However, he cannot represent his spouse in court, so if he attempts to speak on her behalf (other than as a witness), then you should object to his attempting to practice law without a license.