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  1. #11
    Join Date
    Oct 2006
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    16,474

    Default Re: When Will a Judge Dismiss a Decided Dissolution

    Quote Quoting lotsofquestions17
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    M hadn't even had his hearing for the PO yet, it's in a week. Not that it matters at this point since B has filed the DV charges on behalf of the kids. It's absolutely insane to me that she can do this with absolutely no proof. I mean, to file on her own behalf--okay, fine, there was an incident and if you want that heard in front of a judge, that's your prerogative (even though there are witnesses who say you're lying and you'll just look stupid), but to be able to pull your kids in on that with no history of anything, and to be able to keep someone away with absolutely no proof? That's infuriating.
    Remember though, all you are hearing is dad's side of the story. The fact that nobody got arrested and it happened on the court house steps, AND there were witnesses tends to indicate that the police were not interested in arresting anyone.

    I suspect that mom's side of the story will be something along the lines of: We were arguing and I got too close to him and he knocked me down...and she probably really BELIEVES that.

    So, she goes home and she is still fuming about the low child support and the fact that she believes that he was the aggressor...and then she gets a restraining order served upon her, and that sends her over the edge. All of her friends listening to her side of the story tell her that she needs to file charges against him for knocking her down, so she does.

    The real truth of the matter is more likely something along the lines of mom and dad got into an argument over the child support, mom really did get too close, dad really believed that she was about to hit him, and he raised his arms instinctively. She ran into his arms, maybe even right at neck level, and went down. I think it had to be something like that or the police would have had no choice but to arrest someone...again, because it happened right on the courthouse steps.

    Now, here is what I think will happen. I think that there is a reasonable chance that the judge will deny mom's motion to dismiss the dissolution...and the dissolution will stand.

    I think that if dad gets an attorney, like yesterday, he can make sure that mom's dv charges against him, or at least the restraining order portion of it, will get heard at the same hearing scheduled for his restraining order against her. The judge will sort all of that out, but the bigger thing that will happen is that the judge will make orders as to how they can exchange the children without anybody violating any restraining orders...which will solve the entire problem.

  2. #12
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: When Will a Judge Dismiss a Decided Dissolution

    And Mom just filed a "tit for tat" restraining order including the kids.

    Lovely.

    Let's hope the court uses some common sense.

  3. #13
    Join Date
    Jul 2006
    Posts
    1,421

    Default Re: When Will a Judge Dismiss a Decided Dissolution

    You cannot dismiss a final appealable order. The supreme court of Ohio is very specific about that. She would need to have it vacated on the basis of a 60(B) motion. If a judge signed off on it, case closed. End of story.

    - - - Updated - - -

    You need to understand CPOs in Ohio. You can file and ask that all members of the house hold be covered.

  4. #14

    Default Re: When Will a Judge Dismiss a Decided Dissolution

    Quote Quoting Ohiogal
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    You cannot dismiss a final appealable order. The supreme court of Ohio is very specific about that. She would need to have it vacated on the basis of a 60(B) motion. If a judge signed off on it, case closed. End of story.

    - - - Updated - - -

    You need to understand CPOs in Ohio. You can file and ask that all members of the house hold be covered.
    I haven't gotten the details yet, but the judge dismissed the dissolution. I don't know why, but I will update when I find out. I do know that it was the final order. The court date the last time ended with the "your marriage is dissolved" or whatever it is they say. OhioGAL, I don't know if you can give recommendations on lawyers, but if you know of any good family law attorneys who can help them fight this (they can pay a reasonable amount, they just want to have someone with a good record, and researching lawyers is more difficult than researching other things), can you send me a message? If that's against the TOS, then forget I asked!

    ---Update---
    Edited to add that the judge apparently thought the child support was low enough to warrant the dismissal. I don't understand how that could have happened, since B typed up a whole long document outlining everything that M pays for and telling why it was okay for him to pay a low amount through the court. The judge also refused to hear anything regarding M being able to see the kids between now and the hearing for the charges that B pressed (although after A went home and looked at the paperwork last night, it appears that she filed for a PPO for her and the kids, and not domestic violence charges like M had thought). Luckily that hearing is on 8/5, but that's still a really long time for him to be without the kids.

    I hate people who use their kids as weapons. Really.

  5. #15
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: When Will a Judge Dismiss a Decided Dissolution

    Quote Quoting lotsofquestions17
    View Post
    I haven't gotten the details yet, but the judge dismissed the dissolution. I don't know why, but I will update when I find out. I do know that it was the final order. The court date the last time ended with the "your marriage is dissolved" or whatever it is they say. OhioGAL, I don't know if you can give recommendations on lawyers, but if you know of any good family law attorneys who can help them fight this (they can pay a reasonable amount, they just want to have someone with a good record, and researching lawyers is more difficult than researching other things), can you send me a message? If that's against the TOS, then forget I asked!

    ---Update---
    Edited to add that the judge apparently thought the child support was low enough to warrant the dismissal. I don't understand how that could have happened, since B typed up a whole long document outlining everything that M pays for and telling why it was okay for him to pay a low amount through the court. The judge also refused to hear anything regarding M being able to see the kids between now and the hearing for the charges that B pressed (although after A went home and looked at the paperwork last night, it appears that she filed for a PPO for her and the kids, and not domestic violence charges like M had thought). Luckily that hearing is on 8/5, but that's still a really long time for him to be without the kids.

    I hate people who use their kids as weapons. Really.
    Everybody feels the same way. However, again, in every story you hear you have to remember that there is her side, and his side, and the truth almost always falls somewhere in the middle.

  6. #16

    Default Re: When Will a Judge Dismiss a Decided Dissolution

    Quote Quoting llworking
    View Post
    Everybody feels the same way. However, again, in every story you hear you have to remember that there is her side, and his side, and the truth almost always falls somewhere in the middle.
    I know this is true. I don't mean to hold M up as this great untouchable or anything. A is one of my best friends, and I want to punch him in the face for putting her through all of this. That being said, he is a really good dad. I've been there when the kids have come over at 3pm on a Saturday, complaining because they hadn't eaten a meal all day. I was there when M&A had to make a run to find costumes for the kids on Halloween day because B had bailed on buying them, but had posted her new pair of designer heels on Instagram. Despite his irritation with her flippant attitude towards the kids, they had a pretty workable coparenting relationship. I do know that B has a documented history of mental issues, including several suicide attempts and a stint in the psych ward. I don't think that this makes her a bad mom--my fiance's mom is schizophrenic and, well, she does the best she can. I do think that maybe something about their impending marriage just pushed her over the edge, because she is not acting in a rational manner at all right now. I guess we'll just have to wait to see what happens at the hearing for their PPOs. I just know the kids have to be devastated to not have contact with their dad, and if A&M have to push back their wedding, they will be out at least 10k.

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