D/V hearings

[raywagg]

I have had five hearings in 3 weeks and I would like to know

1)If there was a sched. worked out between my ex and I pre decree and suddenly she wants to go back to standard visitation after 3 months of the same sched. what rights do I have to continue on with what we worked out?

2)The lawyers go into the room with the magistraght and I never no what went on. how do I find out what is going on.

3)Is it wise for me to give up my equal pareting time for the D/V case to be thrown out and to move on since i have lost one job and now I'm
starting a new one with another hearing on my second day of training.

4)should I have to agree to have someone to be around me and my oldest during a visit just because of a these false allegations?

5)should I veiw the courts not disturbing my visiting time with my youngest who is two as the courts not placing to much merrit on the accusations.

6)how do I see if my attny is working in my best intrest following laws or just tring to be done easily as posisble?

[socrateaser]

>1)If there was a sched. worked out between my ex and I pre
>decree and suddenly she wants to go back to standard
>visitation after 3 months of the same sched. what rights do I
>have to continue on with what we worked out?

If you have a permanent court order/judgment on the issue of custody/parenting time, then in order to modify it, a party must show a substantial change in circumstances affecting the child(ren)'s best interests. Otherwise, things will stay as they are. Your post doesn't indicate whether or not your current parenting plan/custody orders are permanent or temporary, so I can't comment on your specific rights at the moment.

>
>2)The lawyers go into the room with the magistraght and I
>never no what went on. how do I find out what is going on.

This is fairly typical procedure in domestic relations actions. If you want to be more involved and informed, you can instruct your attorney, IN WRITING, that "From this point forward, I will not permit you to engage in any "in chambers" oral communications with the court , unless I am also personally present to hear the contents of those communications, or unless the entire contents of those communications are immediately reflected in the court record, because I want a complete record of my case, in the event of any possible subsequent appeal."

Be advised, that your attorney may tell you that if you force him/her into this situation, that he will be forced to withdraw from your case.

>
>3)Is it wise for me to give up my equal pareting time for the
>D/V case to be thrown out and to move on since i have lost one
>job and now I'm
>starting a new one with another hearing on my second day of
>training.

If you do not believe that you can produce sufficient evidence to prevail on the DV charges, then you must try to find a means of eliminating them. However, if you're innocent of the charges, then I would seriously consider offering to take a polygraph as evidence of your truthfulness, because, if you pass, it will discredit your ex's allegations, and you will have the advantage going forward.

>
>4)should I have to agree to have someone to be around me and
>my oldest during a visit just because of a these false
>allegations?

See #3, above.
>
>5)should I veiw the courts not disturbing my visiting time
>with my youngest who is two as the courts not placing to much
>merrit on the accusations.

Don't try to read between the lines. If the DV charge remains on your record, it will haunt you. If it is based on false allegations, then fight them, or be prepared to regret it later.

>
>6)how do I see if my attny is working in my best intrest
>following laws or just tring to be done easily as posisble?

Your attorney will attempt to balance your various interests while simultaneously trying to balance his checkbook. If you find yourself losing when you should be winning, then you need to have your lawyer tell you why you are losing, and how you can start winning, or you need a different attorney.

Personally, I would never permit a false DV charge to stand without a ferocious battle. I would write a letter to your your attorney stating: "I want these false charges dismissed -- are you up to that challenge or not? If not, then I want my money back, so that I can retain an attorney who is up to the challenge."

[raywagg]

1) the order we have is temp order for standard visitation. I now live back in oh. with new job and housing. We agreed I was to have much more time with the kids since May 04 I have had the new sched. that the judge said that we should keep @ our last hearing.

2) My ex asked for us to go back to standard sched. but judge says keep it with the agreement my ex and I had with more parentinting time.Although this was not journalised or no court reporter how can I keep my time we agreed on and that the judge said we should keep?

[socrateaser]

>2) My ex asked for us to go back to standard sched. but judge
>says keep it with the agreement my ex and I had with more
>parentinting time.Although this was not journalised or no
>court reporter how can I keep my time we agreed on and that
>the judge said we should keep?

If there is no written order on file memorializing the judge's statements in open court, then there is no order at all.

So, unless you can get the judge to order it now, based on the parties', attornies' and the judge's recollection, then the temporary order currently in effect is the the only order that exists.

Your attorney should have made certain that this verbal order from the bench was in writing in front of the judge for signature, immediately after the hearing took place. Sloppy lawyering, in my humble opinion.

[raywagg]

1) Is there anything I can or should say or write to my attny to let him know I am displeased with his lack of foillow through in reguard to the verbal order by the court allowing me to spend more time with my children.
2) Is there a way(s) that might be effective in getting back in front of the Judge having her recall the verbal order. By the way I do have record of having the kids for 2 weeks after the hearing, on the sched. the Judge said we should keep untill the D/V charges came up

3) may this info help in anyway if pointed out to the attny or the Judge?If so how? what steps should I take to achieve getting infront of the Judge and having this info heard?

[socrateaser]

>1) Is there anything I can or should say or write to my attny
>to let him know I am displeased with his lack of foillow
>through in reguard to the verbal order by the court allowing
>me to spend more time with my children.

Sure, write him and ask him why he didn't prepare a written version of the judge's verbal order for signature.


>2) Is there a way(s) that might be effective in getting back
>in front of the Judge having her recall the verbal order. By
>the way I do have record of having the kids for 2 weeks after
>the hearing, on the sched. the Judge said we should keep
>untill the D/V charges came up

I'm not saying that there's no evidence to support the judge's order, just that you can't enforce a verbal order -- it must be in writing.

>
>3) may this info help in anyway if pointed out to the attny or
>the Judge?If so how? what steps should I take to achieve
>getting infront of the Judge and having this info heard?

It's trivial. Have your attorney write it up and present it to the other party for approval as to form. if the other party refuses to sign, send it to the judge, refresh his/her memory, and ask for a signature in order to preserve your rights going forward.