Case dismissed

[raywagg]

If a divorce case is dismissed by the Judge w/o pred.
1) what happens to all the temp. orders in the divorce and custody?
2) if divorce is filed again with new case # but with the same judge can or will the old orders be re-instated?
3) will or can the court use the old recomendations and evauations from the dismissed case?
4) Do I have a better chance because now I know not to agree with being the non-residential parent and because I know not to agree to standard visitation or support.
5) Since i know that i have the right privacy and that i don't have to let the court appointed workers into my families lives will I be veiw as non-agreeable? will that hurt me in court?

[socrateaser]

>If a divorce case is dismissed by the Judge w/o pred.
>1) what happens to all the temp. orders in the divorce and
>custody?

If the temp orders were made with the same case #, as is on the judgment of dismissal, then they all terminated. Be careful if there is a temporary restraining order, because they are sometimes filed under a separate case #. If this is true, then that order remains in force.

>2) if divorce is filed again with new case # but with the same
>judge can or will the old orders be re-instated?

Only if a new motion for those orders is filed.

>3) will or can the court use the old recomendations and
>evauations from the dismissed case?

Since the prior case was dismissed without prejudice, all of the evidence from that case is admissible in the new action.

>4) Do I have a better chance because now I know not to agree
>with being the non-residential parent and because I know not
>to agree to standard visitation or support.

Rule #1. The parent who has the child(ren), when he/she comes to court, wins. Do you have the kids?

>5) Since i know that i have the right privacy and that i don't
>have to let the court appointed workers into my families lives
>will I be veiw as non-agreeable? will that hurt me in court?

I don't have enough specific facts to consider this question. On balance, however, if you don't cooperate, the court will wonder why. But, it depends on the reason for your refusal to cooperate -- whatever that may be.

[raywagg]

No I don't have the children. I am now the defendant instead of the plaintiff. My ex has filed dv for the 4th time all prev. cases where dismissed.
1) how can I stop her from doing this why won't the courts stop allowing this to happen?

[socrateaser]

>No I don't have the children. I am now the defendant instead
>of the plaintiff. My ex has filed dv for the 4th time all
>prev. cases where dismissed.
>1) how can I stop her from doing this why won't the courts
>stop allowing this to happen?

You could file a motion in the current case, for an equitable contribution to your attorney fees and costs of suit in the prior cases, in order to compensate you for her use of the court to vex and harrass you, on grounds that her multiple filings and dismissals have injured you in the transaction before the court, and that your spouse now comes to the court with "unclean hands." (legal magic words).

In layperson terms, "Please tell my spouse to cut the crap!"