divorce-might make a good t.v. drama ..help needed

[jen-n-juice]

history: wife wants divorce and is making plans to move out several months later prior to wifes move, she arrested for domestic on husband
judge orders wife not to return to home wifes brother asks judge to order police to accompany her to pick up clothing items judge says no to make arrangements with husband.


judge tell wife let me make this perfectly clear do not return to the home or else you will be arrested again. day or two later husband comes home to find wife with her family members in home with police.
same officer that arrested her in beginning.


husband files restraining order wife files divorce husband drops restraining order. answers divorce petition, wife continues with evey other weekend visitation with minor common child also has child from previous marriage never returns to home and moves in with boyfriend.




wife breaks into home removes furniture and
moves into  two bed room apartment with bio son and continues with every other weekend of daughter dropping her at a pick up location, wife takes husband to court for primary residence judge tells husband,  wife and her attorney to go in to room to work out


attorney suggests the husband should take a turn and have every other weekend for a couple of months, husband refues stating that he could never do that to his daughter and doesnt understand how wife never asked to see child other than every other weekend.


husband suggest a rotating parenting time with who ever has the child is in charge (custody) attorney likes idea wife says she still thinks child should just be with her, but, agrees.


year later wife third attorney files injunction judge denies it, wifes attorney files emergency motion for temp custody ( father acused of abusing his 3 other bio children he has custody of) husband represented himself judge praises husband on parenting


tells wifes attorney that he recieved corporal punishment and he didnt like it but, he needed it and yes it sometimes left marks on him, and now having children of his own he did not use corporal punishment but, he wishes he had.


judge refues to change the status quo stating that it been working for over a year and theres been no problem ( i remember you saying that a judge will not change the status quo thank you soc)


judge asked if husband would mind a guardian alitum that he would choose from a list wifes attorney provides pro bono husband says only if the attorney chosen truly has the childs best interest in mind,


month later wife breaks into home with girl friends (during her parenting time) puling covers off husband and husbands friend who were sleeping trying to take pictures, saying she would put pictures eveywhere and later said she needed them for her hitman and her attorney  said she can do what she wants its her house



husband called police, police on phone said wife can not come there cause she's been gone for over a year and attorney cant tell her to go back to home, officer that arrived said she can do what she wants

husband asks for no tresspasing warrent on two accomplises officer refuses saying that the wife could always invite them back in. father gets police report wife states she still lives in the residence some times and found doors locked and broke threw window to retrieve clothes for child.


wife address has always been listed as confidential on all court documents however on police report it was on there and not the same as home address husband filed RO and was granted temp custody of child and exclusive use of home until hearing


husband knew one of wifes accomplice and spoke with her who told him she had no idea what she was up to and that wife is afraid that since she abandoned home she may not get equity and she wants sole custody of child and child support




question:                                                                                              1.hearing is in a couple of days is it possible to sopoena this girl who told me of wifes intentions?

  2. if so is it wise? or should i just ask her to attend or do both?

  3. do you think the judge believe that she still resides at the residence
      after having rotating custody and her correct address showing up on the police report plus thats wer the sheriff served her.

   4. with all your experiance have you ever heard of someone doing this?

   5. if so what wre they trying to accomplish?

   6. any suggestions on what i should tell the judge or ask the judge for?


thank you

[socrateaser]

>question:                                                    
>  1.hearing is in a
>couple of days is it possible to sopoena this girl who told me
>of wifes intentions?

Yes, but only if she's willing to appear voluntarily, because she's entitled to reasonable notice of the hearing and "a couple of days," is not reasonable notice.

>
>  2. if so is it wise? or should i just ask her to attend or
>do both?

Never put a witness on the stand unless you first obtain a sworn affidavit declaring the substance of that person's testimony. That way, if the person tries to double cross you (which happens), then you have the earlier sworn testimony with which to impeach that person on the stand as a liar (e.g., "This is not the test imony that you gave me on ??/??/??. So, were you lying then, or are you lying now?").

>
>  3. do you think the judge believe that she still resides at
>the residence after having rotating custody and her correct address
>showing up on the police report plus thats wer the sheriff
>served her.

It's not clear to me why this is relevant, especially as you're apparently not entitled to know the other party's residence address. I read pretty fast, so maybe I'm just not getting it this morning. Please explain.

[jen-n-juice]

she claims in the police report that she resides at the home on occassion
and broke threw the window after she found locks changed and she needed to get clothing for child. she gave police an apartment address as being her residence which is her true address


I would like the judge to keep her from braking in or coming here period.and to get some type of couseling and to stay away from me.


i have an e-mail from her telling me she has a problem with anger and  and she is out of control when shes angry also states that she is the argument starter and shes trying to change that behavior.


1. if i present this at the hearing will this be relavent?


2. by giving police her correct address which is different from the home isnt that enough to prove she doesnt live here and she lied to police?


3, iwant the judge to order her to stay away until final orders sfter the divorce and possible change parenting time to supervised based on her behavior,whta would i need to show judge?

[socrateaser]

>1. if i present this at the hearing will this be relavent?

Your prior post indicated that you already had a restraining order against this person. Why didn't you have her arrested?

>2. by giving police her correct address which is different
>from the home isnt that enough to prove she doesnt live here
>and she lied to police?

Yes, that would seem to be convincing evidence that she has lied, but it's up to the DA to charge her witha burglary, so you'll need to convince the DA that there's enough to convict. More than likely the DA won't see much of a case, because a jury would be unlikely to convict.

>3, iwant the judge to order her to stay away until final
>orders sfter the divorce and possible change parenting time to
>supervised based on her behavior,whta would i need to show
>judge?

According to your prior posts, the judge already ordered this. So, again, what happened to that restraining order and why haven't you had her arrested.

[jen-n-juice]

I believed that we could work threw this and thought the restraining order would hinder the process and had it dismissed the first time.
and thought it best for our child. i was in denial i guess an perhaps still in love

( i know i was stupid)


also when the judge ordered her not to return to the home in the begining when she was arrested, she returned to the address with the same officers that arrested her when i told the police she wasnt suppose to be here he told me to sit down and stop being an ass hole (in front of one of my children)


the officer then ticketed my family memebers car cause it was parked to far off the road (or something like that cant remember exactly why)
i reported this all to my then attorney who just shook his head and adviced me to place a RO on her. and said you dont want to get in to that


she's very attractive and minipulative

[socrateaser]

Get a restraining order, like your attorney suggested. And, stop being a sucker.