Need emergency advice on ex parte please

[T_Man]

Okay, I didn't get any answers with the long story, maybe I can just ask a couple questions relevant to an ex parte.

1. If your spouse accuses you of being a danger for actions you supposedly committed when you were 250 miles away, is there any likelihood she can get in trouble for this or that a restraining order can be denied if I offer some proof that she filed a frivilous ex parte?

2. If a divorce brought by me is already pending, is there any specific way to request that custody issues be relegated to the jurisdiction they are already set for trial in?

3. I was only given 3 days notice. Would there be any advantage to obtaining an attorney in the county that this is taking place in since my own lawyer probably would not be able to travel across the state on what would end up being 48 hours or less notice? And would either be able to continue the case for a later date if needed?

[T_Man]

Anyone out there?

[Stepmomnow]

Ok, I don't have much experience with TRO, but here goes:

1. If you have proof that you were not in the area during the period that she claimed you did the behavior that she is complaining of, I think you would have a fairly good chance of beating the TRO.  However, they are easily given, so if she claims that it was a different date/time once she hears your evidence, then maybe the TRO will still be given.  By evidence that you were somewhere else, I mean a signature on a creidt card reciept from a place far away, or some other tangible evidence that shows you were somewhere else.

2.  I don't understand your question: is the custody issues being heard in a different jurisdiction from the divorce?

3. As far as getting an attorney, yes, there is always a huge advantage to having an attorney.  I would ask the judge for a continuence to get one, and if he grants the TRO anyway, then you will have to appeal the TRO at a later date.  

These are jus tmy opinions...

[T_Man]

Well, the deal here is that rather than the run of the mill ex parte where the wife files it before divorce, we have been in divorce court for years. We separated again recently, and within hours I told my lawyer we needed to really get the ball rolling on the divorce. She doesn't even allege I was anywhere near her since we've been separated, and more than 2 weeks passed before she filed an order.

We even had a temporary custody order at one time granting me 50% custody of our daughter, we had a son since that time. The order was never relinquished but it's hard to enforce now, because my daughter was already in Kindergarten here before she took off.

However, she's up there for 3+ weeks, we're talking pretty politely, then first she gets mad when she sees a new trial notice, then gets mad about assorted other legal maneuvering having nothing to do with abuse on either of our parts. Then we're talking on the phone one day and when she starts arguing with me I say, "Well, whatever, we ARE getting a divorce." and then hang up. Then she leaves a snotty message on my machine 3 days later saying basically, "Oops, I lied I put our daughter in a kindergarten up here."

I call back, get her machine and say, "How in the world do you pull something like that? I want her back in her class here and that's what I'm going for in court, we'll have a hearing right away if this is how it's gong to be."

That's pretty much it, then less than 24 hours later she files an ex parte saying that I kept her against her will when we reconciled for 3 months, and in a separate box makes various character attacks and alleges supposed mild and moderate physical abuse that she is apparently stating happened 6 year ago that she hasn't bothered to mention in 4 years of divorce wrangling and interrogatories.

So the long and short of it is that there is an ongoing divorce and she didn't write that on the order like she was supposed to, so now I have to straighten that out in the hearing if she shows up.

[T_Man]

Also, yeah, it's a different jurisdiction and we've both already filed papers stating the jurisdiction I'm in has precedence in any custody decisions. She tells me I'm supposed to drive and pick her and the kids up the first weekend she takes off (she doesn't have a licence) and I told her I was kind of afraid to make that long of a drive in the old beat up car I have right now. Now I have to drive up in that same car after refusing to drive there on her request, and possibly defend myself from accusations that I might drive up there any second and kidnap her.