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How court went

Nymh's picture

First of all - Hooray! Everything went so well! Ok, now I'll let you know what happened.

So my attorney was there to meet me bright and early in the morning. BF said that every time he has gone to court with BM, they have sat in the 'pews' and waited through everyone else's cases until theirs was finally heard. Today, we were the first people in there - and the only people in there at the time. I was relieved that no one was in there to listen to her air her dirty laundry.

She kept her head down the entire time, and she looked so upset and angry. She kept writing in this little notebook - notes that never came out in the hearing and she never used, so God knows what she was doing. Probably just some reason to keep her head down so that she wouldn't catch my eye. I kept my head high and smiled at people, speaking to them when spoken to, and kept a pleasant look on my face. We were like night and day. To my relief, neither of us had to speak at all. I'm very glad for this. I don't know how the words would have come out if I had to speak. I was very good at acting pleasant and calm but if I had to talk, I think my voice would betray me. Thankfully, I didn't have to find out! Plus, if I had had to listen to her rattle on about how much of a victim she is and how horrible I am I think I would have puked on my little petitioner table! :sick:

Her attorney was so ready and raring to make me look like a fool. He said that all of my documentation, which "has been transcribed by SOMEONE, we don't know who..." and "even if it IS true, which we have no proof of, STILL doesn't constitute a restraining order," basically trying to make me look like I'm making up stuff which still isn't enough justification to get a restraining order. I don't see how her following me in her car or taking pictures of me entering and leaving my home doesn't count as stalking...nor do I understand how 19 pages of dates and times of every email she's ever sent me - that's two columns per page - doesn't count as harrassment. BUT oh well. When her attorney took a break to speak and listen to the judge's comments, my attorney unzipped his attache to take out his tape player and three microcassettes - all with recordings that she's left for me at various places. That shut her attorney up quickly on the "validity" of my evidence.

My attorney said that it was appropriate to point out that all of the correspondence was one-sided, from her to me. Suprisingly, they didn't even argue that point. I'm wondering if she even prepared her attorney at all for this hearing...

My attorney talked about all of the other lawsuits that were floating around - the two orders of protection, the phone harrassment lawsuit, etc. He said that none of these matters had ever gotten BM to stop - she continued to harrass me through all of them as if nothing had happened. UNTIL she was served with this restraining order! Then, magically, all contact stopped. (And it has been WONDERFUL!)

The judge was already familiar with our case, having represented my BF as a lawyer a year or so ago when she filed her first bogus order of protection against him. He pointed out several times during the hearing that he was "very familiar" with this situation, and that it "has been ongoing for QUITE SOME TIME". My attorney used this opportunity to point out that as it has been three years that I've been putting up with this, this is the first and only thing I've ever done legally toward her or to try to stop it...and I didn't even file a criminal charge against her, just a civil charge. He said that it's pretty obvious I'm not looking for trouble, I just want the contact to stop. He said we don't care what it takes, if the judge wanted to grant a mutual restraining order that was fine, I just want it to stop.

It was at this point that her attorney changed his game. He went from trying to make me look like a fool, to being the guy who sees this from all angles. He talked about how "this happens all the time" when people divorce and new people come into the picture, people get jealous, etc. He went into how a large portion of the correspondence from her to me was under the guise of talking about SS, which he explained SHOULD be between BM and BF only. He said that all parties need to be admonished for mixing things up and making this situation worse than it really was. This was HER attorney!

The judge granted us a mutual restraining order. He said the reason he did that was so that neither of us can feel like we have a one-up on the other, or say "I have a restraining order on her, so I can still contact HER and she can't do anything about it." My lawyer, at the very end, said that he would like to motion for BM to have to pay the court costs. He briefly went over how BM had brought us to court so many times, BF and I, and he thought it was only fair. The judge agreed with him, and BM had to pay!

Walking out of the court room, I discussed how BM had already used my restraining order once as reason to deny visitation, and probably would again unless it was addressed in court. Unfortunately we couldn't take care of that today even if we wanted to. But he said, loud enough for her to hear, "If we get it put in front of THIS judge that she's denying him visitation when he's current on his child support, she'll find her ass in jail." I know she heard him, too...she made a VERY quick exit. We talked about how if I accidentally bump into her at a store, not to worry and not to file for contempt of court. I said of course I wouldn't unless she went out of her way to follow me or talk to me. He warned me to be ready, because she probably would go out of her way to "coincidentally" be in places where I am so she can sue me for contempt. I said fine, let her, it'll only make her look worse Smile

So that's where I am. HOORAY! I'm so happy everything went so well :O

Comments

Chocoholic's picture

I am soooo happy for you! It couldn't have gone better! She likely will USE this order as she USES everything and everyone else to harass you... but you are exactly right.... she will look like the ass.... not you!

Nymh's picture

Thank you so much. I'm right with you on that. But I'm still so happy Smile

*~So sayeth Nymh~*

Lauren973's picture

I needed to hear that some justice is ever served somewhere, anywhere in the world any more with this kind of stuff. I wish the RO wasn't mutual, but hell - I doubt you'll be wanting to contact her any time anyway. I am very very pleased for you, and, proud OF you. You took a stand in your defense, and won.
Having a BM who has violated the RO and been arrested five times, I can tell you it's not likely over... but for sure you have protection in some part now.
Enjoy it!!!!!

Nymh's picture

I've been led to believe that if she violated it, the most I could hope for would be suing her for contempt. Can she really go to jail for it?

*~So sayeth Nymh~*

Anne 8102's picture

I think if you'd gone the criminal route, then yes, you could have her arrested. Being that this is a civil matter, you would have to sue her for contempt. But that's not to say that if she does something major, like physically stalking you or whatever, that you can't call the police later on if needed and go the criminal route. I'm not 100% sure on this.

~ Anne ~

"Nobody can make you feel inferior without your permission."
-Eleanor Roosevelt

Nymh's picture

My paralegal said something about how even if I have a RO, if she ever shows up at my house or obviously goes very far out of her way to be where I am, I call the cops immediately. She said not to wait for whenever I can get a hold of my lawyer to file contempt charges - just call the cops right then and they'll arrest her, and we can work things out later. I guess that's what I'll do. Though she has come to my house before, that's been long ago and I really don't forsee her doing it again - though she's always full of suprises so I guess I never know. It depends on if she's taken her happy pills that day or not!

*~So sayeth Nymh~*

Lauren973's picture

I guess that is a good question. My STBH has a permanent RO against his "wife". The temporary was gained when she busted into our apartment on her daughters birthday party punching him and pushing him down the stairs. On the ninth day of the TRO, she violated it bringing her daughter with her and screaming up at our windows. When the police came and tried to have her give the child to her father so that they could arrest her, she kicked STBH in the Goomba's, and tried to strangle him in front of three armed police officers, and her three y/o. She was arrested. After that, she was arrested for calling us, following us to the store parking lot, and sending email. She did this on a daily basis and was arrested five times before she got the hint. She STILL crosses the line and communicates with STBH every time they do the child exchange. We don't turn her in for small communications, but when she starts talking about how her daughter will commit suicide at age 16 because her daddy left them, in FRONT of daughter, we do.
The last time we tried, we were told to have the RO ammended to include child exchanges because as the exchanges were in person, it would be assumed that communication would occur.
However from everything I understand, ours is a civil matter too. The difference I think is that NJ has pretty tough laws on Domestic Violence thanks to Kristy Todd Whitman, and as she assaulted him he is protected under the (laughable) Violence Against Women Act.
(Guess they never thought to worry about men).

Mocha2001's picture

Usually contempt in family law matters is a simple slap on the wrist, "naughty naughty don't do that again," but if it is continous she could get jail time, suspended, AND continue to have to pay for your attorney's fees and costs. Check with your attorney, in Washington State there is a minimum fee for contempt of $100. Laughable, I know, but still ... if she had to pay you $100 each time ... that would be pretty cool.

I agree with everyone else, be careful ... she probably will try and set you up. Best thing is if you see her in the same place, turn around and walk out of that location, and if she keeps following you, go to your car, get in it, and leave. Then of course go home and document it in your journal or in an email to your attorney ... something. Just keep track of it all, so the one time it is a serious violation, you can list all the other dates and times she actually violated the restraining order.

Good luck and congrats!!

~ Katrina

Nymh's picture

I think here it's a $50 fine...not sure. My BF's brother has two children with a complete psycho bi%&*(I see a pattern here) who has gotten a restraining order on him just to be malicious...and he said something about how he has to pay a $50 fine every time he contacts her. But they have joint custody and 2 kids which are young. He's kinda stuck between a rock and a hard place.

*~So sayeth Nymh~*

OldTimer's picture

This may be a nuisance, but if I were you, I won't go anywhere alone. And make sure you have a cell phone with a camera on it or carry a camera with you. What I have learned is by going to places with someone... you have a witness that you were not actively seeking her out, but quite on the contrary. Also, if she ever got close to you and was harassing you, you just pretend to be using your phone, and click, click, click... gotcha.

Wink StepMom

Man has the intelligence to change his life,
Sometimes, he just fails to use it...

Nymh's picture

I have a pretty nice cell phone. It has a good camera on it and also can record up to 30 minutes of video if I need to...

I'm also making copies of my RO and keeping one in my car, one in BF's car, one at BF's store, one at my work, one at home, and one in my purse. Maybe it's a little fanatical but that's what I've been told to do. I really don't see what simply having the paper with me will accomplish...but I'm gonna do it anyway because my lawyer knows more than I do.

*~So sayeth Nymh~*

Cruella's picture

I don't understand the mutual RO since it was obvious she was the harrassing party but it still sounds like it went well. CONGRATS!!!!

Nymh's picture

The judge didn't really get a chance to look at a lot of the evidence. He didn't even hear the tapes of her blasting me over the phone for hours. I don't think he needed to to make his decision. He knew what was going on for years and I think he did what he thought would accomplish what I wanted without making her feel like I "won", therefore making things even worse. I think he probably felt like if she had some little silver lining, she'd be more likely to follow it rather than going even further off the deep end if it was just one way.

Either way, I don't care. She's restrained! I'm happy! Though I know that to her blog and family and friends she'll be saying that SHE has a RO against ME...that's what the mutual restraining order between her and BF turned into. "I have a restraining order against him..." when really it was mutual and more for the effect of restraining HER Lol Oh well - You can't save people from themselves.

*~So sayeth Nymh~*

Nymh's picture

Her lawyer tried to invalidate my evidence by saying that the RO was filed on May 24, but my evidence ended back in Feb and March. HELLO? It took that long just to get the dang thing. I kept recording everything and brought updated evidence to the hearing but I guess he must not have gotten a copy.

*~So sayeth Nymh~*

happy's picture

I am so glad that things went your way.
I hope she continues to leave you alone and not to mention let yoru BF be a dad and stop being a controlling person. Using there son as bait if you will. She is only hurting her chances at having son with her full time. I hope in the next case you and BF get the custody or visitation you would like.
To bad for her, see she totally hung her self... I bet she feels like an ass... My heart is breaking for her NOT...
Congrat's on a victory..

Happy

" make sure you tell the people you love most EVERYDAY.. Its important not only for them to know but for you to tell.. Life is to short to be miserable..

proud mom's picture

Was anything mentioned about SS wear abouts??

Congrats on the RO((((Hugs)))))

Live for today,you may not have a tommorow

Little Jo's picture

What about SS? I know you were there for the RO, but was anything mentioned about her disappearing with the boy?
Jo

Cruella's picture

If BM is anything like what we have to put up with she will never see the errors of her ways. In her eyes SHE is the victim nevermind what everyone else says. I am only saying this because of what you said she wrote in her web site. SHE had to get the restraining order against you. She will never learn.

The BM we have to deal with is quick to act as if SHE were the victime while in fact she terrorizes our entire household.

Lauren973's picture

The three of us are peas in the same rotten pod. It STUNS me how this woman (our BM) manages to deny any culpability in ANYTHING.
I feel like I place myself under a magnifying glass and question my actions, even my feelings CONSTANTLY. I engage in ruthless moral inventory, regularly.
I have never understood how some people are able to shuffle off their responsibilities to their own lives with blind abandon, and then turn around and scream like wounded animals when the world doesn't give in to their demands.

In younger dumber years, I was in an abusive relationship. The moment I admitted my OWN role in this, I got up, and out and went forward. This reminds me of Anne's quote from Elenor Roosevelt.
The one thing that really bothers me, is when people who are only looking in from the outside tell me that she cannot help herself as she is obviously mentally ill and so deserves pity.
I am an advocate of the rights and protection for the mentally ill. I've had mentally Ill people in my life. But if she cannot act on the behalf of her CHILD who cannot act on her OWN behalf, then she should be hospitalized, medicated, or live how she wants, WITHOUT her daughter in her home.
It seems this is So OFTEN the case with the BM's we discuss.

Cruella's picture

Nymph found a way to stop the terrorism in her house. We are trying to do the same. The BM we deal with is constantly looking for some way to ruin us and then she is not held to the same standards of living that we are. We can't touch her because she lives in another country. I am hoping she will just stop and think about what she is doing. The Children are leaving again to go see her. I know the poor kids will be interrogatted so she can find some of missle to send our way. I wish she would just leave my poor DH and I alone. Our intent is not to keep her away from the children. I have never tried to be their mother. Our intent is to let the children have their cake and eat it too. In other words they shouldn't have to hear BM bashing us to the children nor do we bash her. I know it will never happen. These kinds of BM's want to just keep the drama going.

Nymh's picture

While victory is sweet, realistically I don't forsee this peace lasting very long. BUT we will deal with that appropriately when it happens, and luckily there will be consequences to her actions now whereas before she could terrorize me whenever she felt like it with no repercussions.

*~So sayeth Nymh~*