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Ex just filed a hearing for tomorrow

post #1 of 57
Thread Starter 

My lawyer just informed me that he has filed an ex parte for tomorrow a.m. I don't know if it will be crazy judge or the new judge and I don't know exactly what he is attempting to do. Ex parte means an emergency. If he is trying to overturn the continuance I don't know if he can and if he is saying this is about getting the kids for christmas break then it can't be considered an emergency, by a normal judge. If it's crazy judge who knows. Seriously ladies I need a reprieve from this. It is too much. Way too much. I finally got settled in knowing I could have some peace through the holidays and now I'm scared and stressed again. I can't focus on my finals, again. This isn't right.

post #2 of 57

Oh no! Man oh man, I'm sorry. I was SO hoping you could get through the holidays peacefully. So will your lawyer be able to be there? Am keeping my fingers crossed that X doesn't show, or at least that Crazy Judge isn't there.

post #3 of 57

I'll be thinking about you.  I hope it goes well.  As always, update us when you know.

 

And seriously, isn't there SOMETHING that can be done about the way that he abuses the system???

post #4 of 57

maybe he wont show up

crosses fingers!

post #5 of 57

OMG. Saying a prayer it's the new judge and he gives him a smackdown.

 

post #6 of 57

good god, I'm praying for you that the new judge is the one receiving the request for the ex parte...

post #7 of 57
Oh good gracious. That is insane! I will be keeping u in my thoughts tomorrow
post #8 of 57

:( I'm so sorry for this kind of stress and drama!

post #9 of 57

praying.gif

post #10 of 57

Honestly.  I feel for you!  And I don't see how he gets into the courtroom so fast!   ...Wait!  Wasn't there some thing where he asked for too many "emergency" hearings and they were going to clamp down on that?  Make your lawyer utilize that.  And maybe instruct her to NOT just agree to whatever he's trying to demand; like if he wants a holiday visit, to limit the number of days, AND he has to pay for transportation (better yet - to have the visit in your city)... even better, if she can say "No", he hasn't completed the batterer's program, so all visits must be supervised.  Basically to make the kids available (so you look good) but very limited and on your terms.  Your lawyer should be on board with that.  AND remember that whatever happens, you can appeal.

 

I guess the "good" part is that it'll be over with quickly, so you can focus on your finals again.  And I hope it's the judge that slapped him around last week.  Hoping hard tomorrow's hearing ultimately beings you more peace! 

post #11 of 57
Quote:
Originally Posted by MissLotus View Post
 
...Wait!  Wasn't there some thing where he asked for too many "emergency" hearings and they were going to clamp down on that?  Make your lawyer utilize that. 


Yes!  What happened to that????  Oh I hope he doesn't show up!!!!!!!

post #12 of 57
Thread Starter 

We have a scheduled hearing for that in January. We have 5 counts of no shows via his ex parte hearings. I am waiting on my lawyer to contact me. She only texted  me this morning about the hearing but no details yet because she is in court all day representing her other clients. Bless her heart for sticking with me. I'll let you know when I hear from her. I am staying strong because screw him.

post #13 of 57

Sending positive vibes!!! goodvibes.gif

 

Ex, you lost the last one. Suck it up and stop messing with Avani and HER babies!!!!!

post #14 of 57
Thread Starter 

Ok just talked to my lawyer. He is filing an ex parte stating we went behind crazy judge's back in order to stop ex from getting xmas break with the kids. He is stating that my lawyer knew ahead of time that crazy judge would not be in that day that we went in with our reconsideration. Holy mother of I don't know what. Seriously. Conspiracy theory? Paranoid much? Geez. So yes crazy judge will absolutely be overseeing this ex parte hearing. My lawyer said because of who this judge is it is totally possible he could overturn everything. Any normal judge would not. Obviously. First of all my lawyer can not be at the ex parte tomorrow due to her having to be to two other hearings already. So my ex will have to reschedule it for a different day this week. So possibly Wed or Thurs instead. If the judge does over turn this then my lawyer will file the appeal/writ. So much for relaxing and preparing for the holidays.

post #15 of 57

Avani, I'm so sorry you're going through all this. It's awful. I hope you're able to relax at least a little and enjoy the holidays.

 

As for court... I don't know the technical names for all this, but he's basically appealing your appeal? And then you'll appeal again? What would stop him from appealing that, and this going on and on forever? It just seems like there should a point where this ends. 

 

Good luck to you. I hope this can at least get stalled until the new year.

post #16 of 57
Thread Starter 

I think only a bullet could stop him. No that probably wouldn't work either. Anyone can go in ex parte and anyone can file as many as they want. Hopefully via our hearing in January we can put a stop to them.

post #17 of 57

Best of luck.  shamrocksmile.gif

post #18 of 57

I am sorry to say that this turn of events does not surprise me, Avani!  I am SO sorry, but not surprised.  I didn't think the crazy judge could be that easily avoided.  Your X sure is aggressive, though.  Must have nothing better to do.

 

I will keep you and your children in my prayers!

 

M

post #19 of 57

Imagine living just to be a thorn in someone's side! Disgusting!

post #20 of 57

:( Hang in there Avani. How totally depressing.  On the positive, your Lawyer seems to be an amazing lawyer.  I think it's absolutly amazing that you have such a great person defending you and your kids in this super hostile enviornment.  You hang in there, and I wish there was more I could do to help you...

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