Update On My Situation
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Thread Starter
Join Date: Sep 2015
Posts: 299
Update On My Situation
Hi,
This is just an update. Went to court on 3/2., for a hearing on the temporary domestic violence order.
My ah attorney ripped me apart. It was awful.
I got the finally decision in the mail today. It seems to have gone to my old address. The decision was made almost 2 weeks ago. In my mailbox was a ziplock bag with tons of mail. There was a yellow piece of paper with my name on it and my address. Not sure how it got in my mailbox.
Anyways, the judge ordered the order to remain in place for the next year.
Also in my mail was a letter from my ah attorney. She was petitioning the court to reconsider the decision to kept the petition in place, stating, not in words, that I had lied.
Does anyone know how this works? Do I have to go to court again, or does the judge take it under advisement. There isn't any new information for either myself or my ah to present, so I would think the order might stand. Any thoughts ?
Thank you,
Z
This is just an update. Went to court on 3/2., for a hearing on the temporary domestic violence order.
My ah attorney ripped me apart. It was awful.
I got the finally decision in the mail today. It seems to have gone to my old address. The decision was made almost 2 weeks ago. In my mailbox was a ziplock bag with tons of mail. There was a yellow piece of paper with my name on it and my address. Not sure how it got in my mailbox.
Anyways, the judge ordered the order to remain in place for the next year.
Also in my mail was a letter from my ah attorney. She was petitioning the court to reconsider the decision to kept the petition in place, stating, not in words, that I had lied.
Does anyone know how this works? Do I have to go to court again, or does the judge take it under advisement. There isn't any new information for either myself or my ah to present, so I would think the order might stand. Any thoughts ?
Thank you,
Z
Community Greeter
Join Date: Aug 2011
Posts: 16,246
Zircon....I am not any kind of legal eagle, myself.....and, I can't remember all of your details about your lawyer...Is it that you can't afford to pay her to attend court with you?
Your dv center will have counselors and resources that can help explain these things for you.....They see these situations all the time.....
dandylion
Your dv center will have counselors and resources that can help explain these things for you.....They see these situations all the time.....
dandylion
Member
Thread Starter
Join Date: Sep 2015
Posts: 299
Originally Posted by dandylion 
Zircon....I am not any kind of legal eagle, myself.....and, I can't remember all of your details about your lawyer...Is it that you can't afford to pay her to attend court with you?
Your dv center will have counselors and resources that can help explain these things for you.....They see these situations all the time.....
dandylion
Your dv center will have counselors and resources that can help explain these things for you.....They see these situations all the time.....
dandylion
I was granted the permenant DV order. My ah attorney has put in a petition to the court to reconsider their decision, because my ah attorney doesn't think I'm credible.As she put it, I just wanted custody of the house, that why I filed the DV petition. She then listed the things I took from the house, which has nothing to do with the petition. I'm wondering, if I'm going to have to go to court again. My ah wants this decision overturned so he can get his guns back. Police told me my ah has roughly 50,000.00 worth of guns and bullets. Kinda a lot I think! Just wondering if anyone had any experience with this. I see my lawyer on Tues.
Community Greeter
Join Date: Aug 2011
Posts: 16,246
Zircon....I am sorry...I just do not have enough experience to comment on this.....but, I am sure that there are others who will....
Things are a bit slow o n the weekends...and, a holiday weekend, at that!
Just hang tight.....
dandylion
Things are a bit slow o n the weekends...and, a holiday weekend, at that!
Just hang tight.....
dandylion
A work in progress
Join Date: Jul 2010
Location: South Jersey
Posts: 16,633
Hi, Z,
Glad you got your order! Courts almost never reconsider a decision like this. You don't have to do a thing unless you get an order from the court requiring you to appear. I would be totally SHOCKED if that happened. He had his day in court, the attorney thoroughly cross-examined you, and the judge found you credible. S/he isn't likely to revisit that.
Federal law prohibits him from possessing firearms or ammunition as long as the order is in place. Do NOT agree to anything that would allow him to get them back. I've done a lot of writing and research about DV and firearms for my work, and a battered woman is FIVE TIMES more likely to be killed if the offender owns a firearm. And even apart from actual shooting incidents, guns are often used to threaten.
I'd suggest you make copies of that order. Keep one on you at all times, keep one in the house, and you might consider letting your neighbors know about the order, and ask them to call the police if they see him hanging around your house or anything.
One other thing--that order will be effective ONLY to the extent you are willing to report violations. It is very common for someone who has been served with an order to "test" you--call, send you an email, text, drop by to say hello. No matter how "nice" he behaves, it's important that he gets the message that "no contact" means NO CONTACT. Sending you flowers, or an apology, or a birthday card counts. Report EVERY violation.
Glad you got your order! Courts almost never reconsider a decision like this. You don't have to do a thing unless you get an order from the court requiring you to appear. I would be totally SHOCKED if that happened. He had his day in court, the attorney thoroughly cross-examined you, and the judge found you credible. S/he isn't likely to revisit that.
Federal law prohibits him from possessing firearms or ammunition as long as the order is in place. Do NOT agree to anything that would allow him to get them back. I've done a lot of writing and research about DV and firearms for my work, and a battered woman is FIVE TIMES more likely to be killed if the offender owns a firearm. And even apart from actual shooting incidents, guns are often used to threaten.
I'd suggest you make copies of that order. Keep one on you at all times, keep one in the house, and you might consider letting your neighbors know about the order, and ask them to call the police if they see him hanging around your house or anything.
One other thing--that order will be effective ONLY to the extent you are willing to report violations. It is very common for someone who has been served with an order to "test" you--call, send you an email, text, drop by to say hello. No matter how "nice" he behaves, it's important that he gets the message that "no contact" means NO CONTACT. Sending you flowers, or an apology, or a birthday card counts. Report EVERY violation.
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