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Court Hearings

2007

  

Thirty-two days, count them-- thirty-two days after she returned to Albuquerque from whatever treatment program they sent her after prison, Patricia filed a petition with the Domestic Violence Court and received a temporary restraining order against me for alleged acts of Domestic Violence.

            The alleged acts of Domestic Violence?  A third party reports to Patricia that someone named Stephen is calling her and the only Stephen Patricia knows is me.

            First and foremost let me state I have made no attempt to call or to contact Patricia at all. For several dozen reasons, among them—

bulletWhy in the world would I want to talk to Patricia? What am I going to talk to her about  --  the children, the house, my job, or to gloat? I have not talked to Patricia for years and I am happy for it. I am not the type to gloat and teasing someone who tried to have you killed three years ago strikes me as a level of stupidity even beyond my ability.
bulletTalking to Patricia might void the no contact order in her Judgment and Sentence, Probation Order, or the January 9, 2004 Domestic Relations Order. I am not interested, no thank you. I realize Patricia has zero respect for an order of the Court but it is the only protection we have.
bulletAny contact with Patricia at this point could be harmful to the children. I am going to have to review a lot of records before I even consider Patricia safe around the children. My contact with Patricia would send, at best, mixed messages to the children.

Despite a Court Order that did not allow Patricia to file without an attorney, Patricia filed for and received the temporary restraining order on June 18th. She was suppose to take the paperwork over to the Sheriff’s office, so they could serve me, but the Sheriff’s office states the paperwork never showed up (Gee, a convicted felon not wanting to go to the place where she was taken on her arrest, imagine that).

Under circumstance not clear, Patricia acquired counsel and the counsel appeared at the scheduled July 2nd hearing. Since there was no evidence that I had been served, I was not present. Neither was Patricia, but Patricia’s attorney was present. They rescheduled the hearing and issued a second temporary restraining order with the admonition that Patricia better show up the next time.

The kids and I show up after lunch on the 6th to find a business card from the Sheriff’s office. They think their mother is dead or that she has done something stupid. Just a little stress on the Friday afternoon and it leaves me no choice but to tell them once I know.

I file a counterclaim alleging Patricia use of the DV system is itself abusive and for some mysterious reason Judge Jewell decides that pointing out this aspect of the Machine’s work is not in the best interest of the Machine and summarily denies the petition because filing false charges after false charges is not abusive.

I engage an attorney and we show up this morning along with an attorney representing Patricia. The charges are dismissed without a hearing because Patricia does not show up.

Patricia's Petition

Dismissal

Ex parte hearing July 2, 2007

 

    

 

© 2007 Stephen A. Avery