How to include further information

[Zephyr]

Hi again Soc!

All parties and order in WI.

Last month I filed a motion for modifcation/clarification regarding my son. The court date is next monday.

My son came to me this weekend and send his stepmother-dad's gf, not wife, had been in another fight with the neighbor. It sounds like they get into screaming matches frequently, however this time it escalated into a serious physical altercation in front of my son.

This woman has 6 felony convictions, 3 disorderly conduct conviction, 3 telephone harrassment convictions, during court the judge said she had every reason to behave properly around my son because she is on a 5 year stayed prison sentence with probation. However, one of her disorderly conduct convictions came after her probation started, as did the harrassment convictions and this altercation.

Questions:
1. Am I entitled the a copy of the police report regarding this newest altercation?

2. How do I go about including this incident in the motion that has already been filed?

3. Is this an appropriate issue for an exparte motion? It appears my son was right there when the women came to blows, and it got so heated that one of them- I haven't questioned my son so I only have the info he volunteered- got into their vehicle and ran into the other with it.

4. Can I get a restraining order barring this woman from being around my son?

5. Have also been trying serve dad the motion to the court, he is refusing to accept anything that anyone tries tohand to him. If this refusal is recorded on video, am I covered for the event that he successfully dodges being served? In my state anyone over 18 can serve the documents, if dad is in his car, can my server place the paperwork under his wiper and that be considered sucessful service?

 

[socrateaser]

>Questions:
>1. Am I entitled the a copy of the police report regarding
>this newest altercation?

Yes, if it's a public record, otherwise, you would need to subpoena it from the police department.

>
>2. How do I go about including this incident in the motion
>that has already been filed?

File the report with the court attached to a "Supplemental Declaration re THE_TITLE_OF_YOUR_CURRENT_MOTION, which states the facts surrounding your obtaining of this evidence.

>3. Is this an appropriate issue for an exparte motion? It
>appears my son was right there when the women came to blows,
>and it got so heated that one of them- I haven't questioned my
>son so I only have the info he volunteered- got into their
>vehicle and ran into the other with it.

If the child and this woman are routinely in close proximity and she is at high risk of violent behavior, then it is extremely relevant, because the child could be caught up in the violence.

>
>4. Can I get a restraining order barring this woman from being
>around my son?

You can restrain the other parent from having the child near the woman, and you could ask for temporary sole custody until such time as the other parent can assure the court that there is no longer any danger from the woman. However, you cannot generally have the woman barred from being around the child, unless she is joined as a party to your case, so that she has notice and opportunity to appear and defend against the order.

>
>5. Have also been trying serve dad the motion to the court, he
>is refusing to accept anything that anyone tries tohand to
>him. If this refusal is recorded on video, am I covered for
>the event that he successfully dodges being served? In my
>state anyone over 18 can serve the documents, if dad is in his
>car, can my server place the paperwork under his wiper and
>that be considered sucessful service?
>

If a person with personal knowledge of the other party's identity, attempts to hand that party legal documents, and the party refuses to accept them, the person attempting service, can simply drop the documents at the party's feet and tell the party that he/she is served.

Nothing more is required to fill out the affidavit of service.

You cannot put the documents under the wiper unless the person is in the vehicle, and knows that they are being served. The server must tell them that the documents are legal and that they have been served.

[Zephyr]

Thank you so much!

[Zephyr]

Ok- Soc- I filed the supplemental declaration, also included motion for temp order to bar dad from exposing child to the girlfriend and a request for a subpoena for the police report.

Basically at court all the judge did was decide to re-offer the case to the previous GAL, and that dad and I should try a mediation session, and that in about a month we will schedule a status conference and at that time if nothing is solved through mediation set an actual court date.

Procedurally- should my requests have been acknowledged or addressed in some manner at that court appearance?

How can I, without being disruptive- of course, voice my concerns in court- such as the issue above, when no one is talking about it or addressing it at all?

[socrateaser]

>Ok- Soc- I filed the supplemental declaration, also included
>motion for temp order to bar dad from exposing child to the
>girlfriend and a request for a subpoena for the police
>report.
>
>Basically at court all the judge did was decide to re-offer
>the case to the previous GAL, and that dad and I should try a
>mediation session, and that in about a month we will schedule
>a status conference and at that time if nothing is solved
>through mediation set an actual court date.
>
>Procedurally- should my requests have been acknowledged or
>addressed in some manner at that court appearance?

Yes, but unless you tell the court what you want and make your argument, it usually isn't addressed -- especially in larger court systems.

The reason is that, where the case load is bigger, the judges usually don't read the briefs before the hearing, because there's no time to do it. They just listen to the litigants argue and then decide. The briefs are there as reference so that the judge can consider things in chambers if he/she is having trouble deciding or understanding the facts or law -- and the briefs and evidence are necessary as part of the record for a future appeal, should one occur.

>
>How can I, without being disruptive- of course, voice my
>concerns in court- such as the issue above, when no one is
>talking about it or addressing it at all?

You have to step up to the plate and make sure the judge knows exactly why you're in court, i.e.:

"Your honor the issue today is ____. My position is that _____, because ____. Therefore, the court should order _____."

Phrase your argument in a succinct manner where everything is unmistakeable and where you are basically handing it to the judge so that all he/she need do is say, "granted" or denied."

And, don't let your opponent interrupt. In fact, if he/she does, immediately ask the court to permit you to present your argument without opposing counsel's "obvious attempt to discount the issue before you've had an opportunity to present it to the court."

[Zephyr]

Thank you Soc- it's hard to find that line in court where you are assertive enough to get heard yet are not in any way offending the judge by seeming pushy or disrespectful, next time I'll be more prepared, this time around I just kept waiting for my turn....

since we were only ordered to mediation, can my requests still be brought to the courts attention at the next hearing?

[socrateaser]

>Thank you Soc- it's hard to find that line in court where you
>are assertive enough to get heard yet are not in any way
>offending the judge by seeming pushy or disrespectful, next
>time I'll be more prepared, this time around I just kept
>waiting for my turn....
>
>since we were only ordered to mediation, can my requests still
>be brought to the courts attention at the next hearing?

yep. raise the issues if you can't settle.