Re: Where is the justice?

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Posted by:

Lawmoe

on November 29, 2005 at 07:20:39:

I spoke to you about this matter by phone.

The biggest problem here is that you went into court in Pine county where Judge Reuter held an evidentiary hearing. You could have argued that you were not served properly and that you neeeded time to hire a lawyer. That apparently was not done . As a result, the hearing proceedied with each party taking the stand and being questioned about the issues. In the end an Order for Protection was entered against you.

You could have appealed that order for many reasons,. The primary reason would be the fact that you were not properly served. Unfortunately, since you did not appeal within 60 days (as I recall, the hearing was in April), you cannot do so at this late date.

Now, your options are severly limited. You can:

(1) Demonstrate that there has been a change in ciircumstance warranting a modification of the OFP. That would likely require completion of an anger management class or something to that effect. My understanding is that you do not wish to proceed that way.

(2) You could file a Motion in Family Court seeking parenting time tying that proceeeding in with the Order for Protection proceedings. You should, however, have a lawyer to do so since it will be a complicated proceeding.

The way this matter has gone, you have what amounts to a very messy tangled knot. It will take some doing to unravel it. As a result, you likely will need a lawyer.

It appears to me that you missed your primary window of opportunity to gain custody when your child was temporarilyplaced with you. That was the time to file a Motion and proceed agressively for custody.




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