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filing an appeal

Started by rtwins, Jul 21, 2004, 01:21:33 PM

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rtwins

Need help in finding a site that will help with the wording of an appeal.

Any suggestions welcomed

Bolivar OH

Appeal? What kind of appeal?

Need more info.

rtwins

CS claimed at a recent hearing that my husband had agreed to make a lump sum payment to catch up on arrears. They had no prove or documents to back up their claim, but the magistrate believed them.

No way did my husband make any kind of deal, we don't have a lump sum of money. They would not even tell him what the amount was.

Since he showed up in court without the money, the magistrate gave him 30 days in jail, to start this Fri 23rd.
We have a public defender but he doesn't seem to want to do anything.

After a few days go by, we finally find out that the prosecutor wants $5000 to keep hubby out of jail.

My mother in law offered to give us the money. We told that to our lawyer and it has taken him over a week to get back with us.
Now he says the prosecutor wants $6000 and that is only to grant a 30 day continuance. Another hearing will be set and he may still have to go to jail.

We tried to reach the prosecutor only to find out that she is on vacation and won't be back until the 29th. We called the courthouse and they said there isn't any kind of paperwork that has been filed yet so they no nothing of my husband doing any jail time. They said our attorney should file an appeal or objection.

We asked our attorney about that and he said if we didn't like what he was doing then we should find someone else.

Does this sound like some kind of nightmare or what?

I don't know if there is time to appeal since the supposed jail time is Friday.

Ithought CS was interested in getting money to the kids. Instead they want to play games and they are going to end up getting nothing because my husband will not go back to his mother for more money. It is a hardship for her. $5000 was it and it was supposedly the amount that they had "agreed" on so how can they come back and ask for more?

Besides, if he is going to get jail anyway, whats the use?

We could file our own appeal but I am not sure about the wording etc.
We live in OH, Portage county is where this is being held.

Thanks

Bolivar OH

Does this sound like some kind of nightmare or what?

--> YES!


"We asked our attorney about that and he said if we didn't like what he was doing then we should find someone else."

--> If your attorney made a statement like that then you need to get a new attorney right now!!  You must trust your attorney with your life.  If you don't, then you probability need a new one.  
Check out SPARC on how to hire a attorney.
http://www.deltabravo.net/faq/div_ans10.htm


I am from OHIO and your right it is very hard to get a "fair shake" from CS.

What is your goal?  To get him out of jail?  Resolve the amount being asked by CS to be reduced?

How often does he see his child(ren)?  How many child(ren) is he paying for?