I won! She did not prove she was "alarmed", "fearful" or "threatened" by finding the recorder in the bag of new clothes I bought him that day. The laws requires for a PFA: a REASONABLE person must feel threatened in some way. My atty & I were able to prove that she is not a reasonable person. She did not make any effort to ask fro the recorder/tape to be present for this hearing so she was not allowed to talk about it or what she claims was on it. My atty pointed out that that would be hear say and that we were never given a chance to see/hear it. The judge agreed that she could have had it there to see/play, especially if it is the foundation of her petition for the PFA. Her new boyfriend came in to speak for her but every thing he said was not allowed because it was all about the tape and what it looked like. She could not explain why I would hand her the bag knowing she would be the one to put the clothes away. I would have wanted her to see it and this did not make sense to the judge.
Some how she was able to get a FREE atty to try to help her. I don’t know how she did this, she must have cried a lot to some one acting scared to death of me. She got them to feel sorry for her and told them a bunch of leis and exaggerations that today were prove to be just that.
I was honest about why I had the recorder and how I used with success that day getting the proof of her hassling me when I pick up my Son for visits. I told them that I had no idea how the recorder got into his bag. I could not say how or when it did but that it was not there for unlawful purpose The judge agreed that this was a LEGAL act, to tape her interference with my visits.
She kept saying that I was found guilty of the same thing in 2000 but my record clearly showed that that was NOT found guilty. Nothing from prior PFA was not allowed because they were done & over with and nothing happened new since then. She petitioned and won one before in 2000 saying I had threatened to kidnap and run away with our son. She could not use those prior PFA reasons for getting this one. I got her to admit that no new threats like that were made since. I told the judge if I had she would have had me arrested right away.
I had a feeling she would not have the tape/recorder there! I know what should be on it. She can not bring it because she would have to explain how it don’t have on it what she said it does, me telling our son to say the bruises on him are from his mom hitting him. It made her request for the PFA look urgent and valid understandably but she could not produce her evidence. Why not? I said if I were her and I could get for the hearing, I would do what ever needed to make sure it was there. I would only to play it in court to win a PFA. She would not have had to say a work. The tape would have won for her.
It will come up again for the harassment charge coming up in another court (not family).I was arraigned and plead not guilty but have to wait for a trial date for that. They actually have the tape in evidence at the police station. I will request it be there this time just in case she "forgets" to ask for it to be there again. This court is not a unfair and she might get into trouble for lying about what is on the tape. The judge could charge her with perjury. Winning this hearing today will help me at this next trial.
My atty suggested that I conceder taking a offer they suggested. It was not to contact her or my son for 6 months. That would mean no visits so I had to think for a few. My atty said that guy don’t have much chance of beating PFA’s and the judge could add to it making it worse. He was a bit surprise I wanted to roll the dice with the judge but I had no choice in my book. I was not going to give up my visits for her lies. He was not going to miss his dad for things that have nothing to do with him. I am glad I chose to fight and not give up because I WON and now she knows that she can’t just lie with out having to prove it. My atty got her so pissed off. He caught her in so many of her lies and exaggerations. Her mouth was her own worse enemy. She was cut off right away when she rambled on about stuff that did not relate to the topic of the hearing. It gave a lot of insight into how to act nd what is/is not allowed to be brought up. If I had known more of these things I could have done better for myself in the past. I would get a little frustrated & upset when I could not properly object, present evidence, or call witnesses. There are rules for what can and what can’t be said/talked about & thing that everyone is expected to know but most don’t. If the judge see someone is respectful and knows proper procedure for things they are more credible. Credibility & honesty always helps.
The atty that helped her tried to fool me before my atty show up before the hearing. She told me she was the "courts atty" and started to tell me what my ex wanted and if I accepted it we could go home. I asked what she meant by "courts atty" because I had never heard of such a person. She just got mad and told me never mind she’d wait and talk to my atty. She was the person who was in court on me ex’s side, HER ATTY, she tried to trick me into signing an agreement before the hearing. I am glad I did not fall for this trick.
It does help having an atty there. He can had to take all the glaring looks my ex was throwing his way. I just st there and let him do all the talking.
There are more little details I can now write about but just can’t think of the right now. I shod have taken notes to go over when writing this entry. That way I could have add every detail about what happened today. I wrote what I can from memory but I know I am missing some good stuff, but oh well, this part is over and done. Time to move on to the next "thing"???…tom g