How to reverse a TRO

[crayiii]

Okay, I'll do this with a short declaration in support of the motion.

Do I also include an "Order" for the Clerk to fill in the date and time for the Hearing and the Commissioner to sign?  I've seen them that under the heading say "Clerk's Action Required"

[socrateaser]

>Okay, I'll do this with a short declaration in support of the
>motion.
>
>Do I also include an "Order" for the Clerk to fill in the date
>and time for the Hearing and the Commissioner to sign?  I've
>seen them that under the heading say "Clerk's Action
>Required"

Before doing this, call the judge's personal clerk, not the general family law/civil clerk, and explain that you would like to have the hearing on the restraining order that was continued due to jurisdictional questions, set back on the expedited calendar. Some judges set their own calendar, others have the main clerk do it. The clerk may blow you off, or she may ask you to send a letter making the request and copy opposing counsel.

You're in a gray area of law with this damn TRO being continued because of jurisdiction. The judge could simply ignore you, or you could get your wish. This is kind of a tricky song and dance, but it is not impossible to achieve.

If all this fails, then you file the motion to set aside, and the declaration, and a proposed temporary custody and set aside order. Send me the proposed order to [email protected], and I'll look at it before you fire it off.

...and we can also discuss my bill.

[crayiii]

Thank you, I sent them to you.

[crayiii]

Wife's attorney called and suggested we work on a settlement.  I sent an offer and he said that my wife will get back to me in a few weeks that I should be patient.

I set a hearing up asking for the TRO to be vacated and to set up immediate parenting time.

The attorney sent a fax asking me to strike the motion and be patient.  I responded asking him to remove the TRO and set up immediate contact between my son and I.

I told him that I would be patient on a permant agreement but that there was no reason to continue with the TRO and no contact.

[socrateaser]

>I told him that I would be patient on a permant agreement but
>that there was no reason to continue with the TRO and no
>contact.

Sounds good...make certain that you do not withdraw your motion until he stipulates to the terms of the visitation. Otherwise, allow the hearing to go forward.

On the documents that you forwarded to me, they are fine, except that you are no longer making a limited appearance, unless you have actually appealed the Oregon courts refusal to exercise jurisdiction. Otherwise, all of your appearances are now "general" and there's no need to state other than that you appear in propria persona (self represented), in your motion.

As to the content, you didn't state why you oppose the restraining order. You need to refute all of the allegations with facts, and let the court know that you are being unfairly restrained, without due process, and furthermore, for no rational purpose, as you are not danger to the child whatsoever.

[crayiii]

I think he was a little mad about the Motion.  This is what he said in his fax:

"...I thought we agreed not to schedule any motions while we attempted settlement.  Should I consider you to have disregarded our agreement and assume that you want to litigate this matter?"

Regarding litigation I replied "...I would rather avoid the travel and expense but I am prepared to use every means possible to ensure that the rights of my son to be with his father are protected."

I have also asked to schedule a deposition of my wife in the next couple weeks.  The problem I have had is that I don't hear back from her attorney until the last possible moment.

[socrateaser]

>I think he was a little mad about the Motion.  This is what
>he said in his fax:
>
>"...I thought we agreed not to schedule any motions while we
>attempted settlement.  Should I consider you to have
>disregarded our agreement and assume that you want to litigate
>this matter?"
>
>Regarding litigation I replied "...I would rather avoid the
>travel and expense but I am prepared to use every means
>possible to ensure that the rights of my son to be with his
>father are protected."
>
>I have also asked to schedule a deposition of my wife in the
>next couple weeks.  The problem I have had is that I don't
>hear back from her attorney until the last possible moment.

Something worth remembering: The attorney must copy his client on all of your letters, so realize that you are playing to two audiences with somewhat different agendas. The attorney wants to settle the case as quickly as posiible, maximize his income for the amount of time spent, but also appear to be advancing his client's interests. So, you can't just make demands and expect capitulation, because if the attorney thinks he's being talked down to, he will start giving you the maximum amount of s!@# possible.

Let the attorney know that you don't want to be unnecessarily litigious about the details on other issues, but that you must be permitted access to your son, immediately, absent some articulable reason why the child would be harmed by your presence.

PS. Please start a new thread with your next post. This thread is too many responses long.