Wednesday, February 1, 2012

60 Minutes is Not Nearly Enough

I would bet you have all seen Law and Order or maybe even Perry Mason, back in the day.  Not only do they find the person who did it, put them through the trial, hand them a verdict… but it is all done in 60 minutes and that is including commercials. 

I would like to go on record as saying that is bullshit. 

I had the guy.  I had step one checked off.  It should have been easy.  We now enter the phase of court.  And it is long and grueling.

In Washington County in Oregon State in family court, you are given one Judge and that Judge stays with you through your entire, shall we say, career, in the courts.  Our Judge comes with the following:
“Who do you have?” “I have Judge R.” “Ooooohhhh…”

The “Ooooohhhh”  is not a happy sound. It is a sound of pity.  He has a reputation of being sporadic.  He is very pro-both parents being involved no matter what the case is.  (as is Oregon in general – I have heard possible second only to one other state).  He has a background I have learned (yes, I have done my research) that when he was younger his parents divorced and his younger brother committed suicide.  In the suicide note was written that he did so in part because of his parent’s splitting up.  Through the years of getting to know him, I have learned that he will have his mind made up prior to the people involved in the case even entering the building.  Meaning, testimony doesn’t matter.  He comes with, in my humble opinion, a lot of baggage and I wonder at least weekly where we would be had we gotten another Judge. 

But, he was and is ours. 

Before meeting him, I’d have to get a lawyer.  I have had 3 now.  Changed for different reasons along the way.  Keep in mind while reading this, I am currently 8 years into this battle.  It just got more serious as the things DP did got more serious. 

So, we will start at the beginning. 

I hired a lawyer named CV (as you have seen no names just yet, hoping after this is settled and the final gavel is hit I can use them).  She was just out of law school, affordable and I figured I wouldn’t need much; just a plan to get him out of my life.  She actually only appeared in trial with me once; but she did help with a couple of other great things.
******
It was October 14.  I remember because it was his birthday.  It had been about 4 days since he and his sister had come by.  I had gotten several blank text messages from which I assumed was his new number.  A few calls with no messages.  I was trying to be okay with life; but knew hell was about to come. 

There was a knock on the door and I immediately knew it was him.  Ellie and I live in a house where there is a gigantic picture window on the second story.  We can see down below and I saw no car.  Ellie, who was walking already started off and I was chasing her, she was oblivious to the danger lurking outside our house.  The knocking persisted, only louder.  I sat Ellie in the kitchen on the floor and tried to quiet her.  I grabbed the phone ready to call 911.  Now came the yelling. 

“I just want to talk to you; I know you are in there.”  Knock, knock, knock. 

The knocking kept going.

I took Ellie to her room. 

I had the phone in my hand and I answered the door, foot at the base as to only be able to open it a little bit (oh, how much I have learned … don’t answer the door, people).  The door came swinging open, knocking me over and he walked past me to Ellie’s room. 

In a panic I rushed after him and started the call, he took the phone out of my hand and threw it, taking Ellie at the same time.  I was in hysterics. 

He picked Ellie up.  She was now in hysterics.  She didn’t know this stranger and he didn’t know how to hold her.  He tried to cradle her as he had done when she was first born.  I finally got her from him. 

“I am going to make your life a living hell; it is about to get very ugly” He said as he left. 

The only saving grace of that night is that I could get a restraining order.  It was granted to me the following day in a matter of seconds.  He, of course, tried to fight it, but there was no fighting that one. 



The other thing the CV helped me with is that some of DP’s stuff was still at my house.  He had left with only one suitcase of clothes the night he left.   I had packed the rest in boxes and he wanted it and that was fine with me.  The funny part is that he had sent a list of other items he thought he should have as well.  I am not making this list up.  Let me stop for a moment and say that his living arrangements at that time were that he was living with his ex-girlfriend and her new husband (yeah, I know).  So, as I share this list, please remember that he did not have a house of his own, nor had he bought any of the things he was asking for. But, here is his list (I won’t share them all… just the ones I find most amusing):



1 King Size Bed
Dresser
Refrigerator
Washing Machine
Dishwasher
Cordless Telephone
Lawn Mower


So, just to get this straight, you would like to take the Fridge that keeps the food cold for your daughter, that you have not spent a penny on, food or fridge, and put it where?

Needless to say, when I got the list, I was beyond… well, I don’t even know.  I’m looking at the list now, which is actually 3 pages, pretty big font, but 3 pages, and just in awe of it all. 


****

The final thing that CV helped with is going to court the first time.
I was terrified.  I had heard some of the things already about Judge R.  I had no idea what to expect.  I didn’t know if DP would have representation or really what he would be asking for.  So many unknowns the first time you go in. 

My hope, of course, was that he would not be allowed to see Ellie.  He had just threatened us.  He was obviously having issues with drugs and/or alcohol.  This list of items he wanted from my house would have to be ironed out. 

I have always attended court with just my lawyer.  I believe that this is a case between DP and me.  I don’t think that it needs to be a circus with many people watching.  He, on the other hand, brings his ex-girlfriend, her husband, her sister and her mom.  I still have yet to understand it.  I was surprised to see them there the first time.  And still am surprised today. 

He was representing himself.  The Judge thought that was admirable. 

Once those words came out, I knew we were in for a long day. 

2 comments:

  1. Amy,
    Once again, you have me captivated and hanging on each and every word. I only wish I didn't have to wait an entire week to learn more!
    In my opinion, the only people that should fear thi inside of a courtroom, are those that are guilty or liing. Unfortunately, out justice system (in Alaska as well as Oregon), has conditioned us to the contrary. In each of our cases, we were either "a victim", or "falsely accused", then turn to the courts, only to (in a sense) be victimized again.
    It is becoming more apparent to me, that the judges in "family court" have a tendency have their minds made up before entering the court room, based on what they have read in affidavits.
    Thank you for sharing your battle. Your courage IS inspiration!
    -jim

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  2. The saddest and most discouraging thing I have heard, is that most judges have their mind made up before entering the court room! I have heard this over and over!

    In our case we have been appointed three separate judges, so far. In our latest hearing he declared after being asked why he could possibly fathom what he was saying, that he had not even read through the whole case!

    We had already endured a 4 1/2 hour long trial ( with many more ahead I presume) and he thinks he can make a judgement without even studying what the outcome of the previous trial!?

    This is a system that has children's best interest in mind????? My ass!!!

    Let me understand something...the way things seem to have actually played out here, is that the best interest of both of our children seems to be, according to the courts in our cases...is that our children should in fact, not be protected from the monster of a father in your case or the "delusional" (and I quote) mother in ours.

    Our poor children....

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