Got some encouraging news today ...
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| Sat, 03-12-2005 - 3:58pm |
about the issue with my attorney. I have a freind who was a legal assistant & she gave me the following explanation as to what likely happend ... woudl have been nice if my attys office coudl have explained it this way!
Info I got today, from her:
Do you have your stbx's attorney's signature on your copy of the agreed motion or the proposed orders? A TRO can be walked through and signed by a judge, but (in my state), agreed motions/orders have to have the signature of both sides, then the judge reviews and signs. If you have a copy with your M's atty's sig, it should carry some weight and even though he may not be arrested for harassing you, he may get in trouble with the court if there is proof that his atty agreed to the things you listed. I suggest, if he harasses you further, you tell him that even though there is no order on file, he agreed to stop harassing you and that you will complain to the court that he has broken that agreement. I'm sure your attorney, after consulting with the opposing attorney and because they had a verbal agreement, did not expect trouble from M and maybe did not fully understand that you would be nervous without an actual TRO in place for the 5 days.
It sounds like your attorney slipped up by not considering that something might happen in the 5 days because he felt comfortable that they opposing attorney would follow the agreement and there wouldn't be trouble. I don't think judges are to happy about agreed motions that are signed by both parties being violated by one or both parties - so at least you have that on your side. If you have no documentation that the other side agreed to anything, then you probably have a right to be mad at your atty. Just be careful and call the police anyway if you feel threatened.
My Response:
I do feel better now. The motions came with a letter to M's atty saying "enclosed is a proposed order. If there are any problems discuss them with my para legal in my abscence. If i do not hear form youin 5 days, i shall assume the order is aprpairate & we thereafter mail it to the family court for entry". & it was faxed back AND signed by M's atty! It WAS the agreement. So now i think i see more clearly what happened. My atty DID misjudge by thinking until the order was signed that i woudlnt have an issue w/ him harrassing or endangering me b/c of the agreement ... that was wrong obviously. & the "5 days" the para legal spoke of must have been the 5 days M's atty has to look over the orders - which both HAD agreed upon on Monday.
M *did* break this agreement, moments out of court. & he also broke it again 4 days later with the visit issue. I know his attorney & he isnt roses ... i think M will be ripped to shreds for making his atty look like he isnt communicationg with or controlling his client.
So, i assume that the orders were mailed as promised & any day they shoudl be signed. Of course, now i still have to find out if i am legally obligated, but the court orders, to let dd have the scheduled visit Monday nite. I am pretty much off the hook though b/c jim, the "supervisor" wont do anther visit. Im sure after what Averey went through, they wont force her seeing him again this soon.
Thanks SO SO SO much, i feel more confidence in my atty now,


WOOHOOO! Confidence is a good thing.
Good luck with everything!
Hugs,
Karen ~ wildlucky4me
Karen ~ wildlucky4me ~