De Novo hearing granted

[laboroflove11]

testimony against?

I am quite sure that you are right, but in this case it is not about testifying for or against, it is merely statements that will be yes or no answers about evidence which she has knowledge about. She has an extremely high moral standard and I believe she will confirm and deny enough of the events that it will show that the mother has lied to cover herself on many an occasion. If she has no witnesses and she can't be trusted to say the truth where is her case? The subpoena was delivered today and I was informed of how vehemently my ex protested this but it was signed, I had the subpoena delivered when her mother was not around.

 

[Proserpina]

I am quite sure that you are right, but in this case it is not about testifying for or against, it is merely statements that will be yes or no answers about evidence which she has knowledge about. She has an extremely high moral standard and I believe she will confirm and deny enough of the events that it will show that the mother has lied to cover herself on many an occasion. If she has no witnesses and she can't be trusted to say the truth where is her case? The subpoena was delivered today and I was informed of how vehemently my ex protested this but it was signed, I had the subpoena delivered when her mother was not around.

Good luck in court.

 

[signspinner]

De Novo hearing

good luck labor. Look foward to hearing the outcome!!!! I lost miserably. My denovo hearing was all of 10 minutes long too. lmfao!!!! they put in an injunction on me for my tone of voice......lol

 

[mistoffolees]

good luck labor. Look foward to hearing the outcome!!!! I lost miserably. My denovo hearing was all of 10 minutes long too. lmfao!!!! they put in an injunction on me for my tone of voice......lol

Hey Salad,

Why don't you put a video of your hearing up on Youtube so everyone else can see how NOT to act in front of a judge?

 

[laboroflove11]

no hearing, withdrawn

Two days prior to the hearing I called the attorney of my wife, and told him I was going to withdraw. I had spoken with him a day earlier, all but two of the seven subpoenas I submitted had any teeth and I did not want to go to court to lose. On Friday the day of the hearing, her attorney, having filed a complaint against me for violation of the protective order, had me arrested. I was taken into custody, and bail was set, and now I have to face this charge. I was not mirandized, and I do not have an attorney. The protective order should never have been issued, and the evidence, if i can find a means to put it back in front of a judge, is more than sufficient to prove that my wife fabricated the whole scenario. I believe I am still within the time for an appeal of the first permanent order. I offered to remove the hearing as a gesture of good faith, and to simply ask that she leave me alone, remove the charge and we could add a restraining clause on the divorce petition. He stated he would ask her, and I never got a response, just a sheriff with shiny bracelets. I do not have the amount of money needed to retain a lawyer yet I believe based upon the actions of her attorney and having seen him practice in court with my own eyes I know i will have to have one in order to have any hope. Would it be possible, given that my wife used extortionist tactics, malicious communications, defamatory statements in public sites, as well as libeled me on a website that she modified pretending to be me, to sue her? I know this is not a typical case, any insight would be greatly appreciated. TIA

 

[laboroflove11]

contact by applicant

I did find in a post by Ohiogal, a recognized senior member here the following.

"If the petitioner continues to contact the party that they have a restraining order against, it can be used as proof that the petitioner is NOT afraid of said party and therefore the restraining order can be removed. HOWEVER, that is if it is strictly a NO CONTACT order and not an order allowing contact for the children."

My wife has initiated contact by email, also shows herself through yahoo messenger "online" to me, has phoned my parents to direct them to communicate with me, and called my employer to direct communication to me, and on my birthday came to my home and left personal sentimental items at my door. She is listed in the order as not being able to communicate or come within 200yards of me. She was within 20 yards the day she returned the personal items. I doubt she has mentioned her actions to her attorney, but if she has I am surprised he still went ahead with the arrest. All contact was initiated by her, any response i made was a result of her attempts to communicate, in hopes of balancing this if it did come to court.

 

[Tex78704]

YOU WITHDREW your one opportunity for a de novo hearing to the district judge, on an appeal of a protective order by an associate judge ?

Quite frankly, you have got to be out of your mind if you think you have a snowballs chance in heck of a state court of appeals overturning the ruling at this point. That de novo hearing would have been your best chance at having this ruling changed.

The district judge would have presumably given you the benefit of the doubt at a de novo hearing, and allowed you to present your case again with whatever evidence you had. The state court of appeals will not grant you a de novo hearing, or an opportunity to present any new evidence.

You said your wife did not have an attorney. Now she suddenly does??

Her attorney is playing hardball, and now that he can argue you have been arrested for violating the protective order, your chances of making this go away are nil. Texas takes protective orders seriously. Your primary concern for the moment needs to be complying with the letter of that order, and not giving her attorney any excuse to have you thrown in jail again.

You have allowed yourself to be put into a very bad legal position that is far beyond what anyone here can help you with, other than to suggest you hire an attorney as you should have done long ago. Without an attorney, you are going nowhere but deeper and deeper into the hole you have been digging.

 

[laboroflove11]

deeper hole

I do understand, I am in contact with a new attorney. I would have been arrested in the court had I appeared. While she initiated contact with me, I did respond, and that is a violation. The evidence I was attempting to gain in subpoena was almost nothing and due to the lack of time to prepare it would have been an effort of futility. The system is not set up to see, and verify real evidence, the allegations she made were enough to create the order, and from all I have read and discovered that is the way the system works. She not only the attorney is aggressive. At this point I am hoping that I can get a venue change, as the motion for a de novo hearing was signed and then held without giving notice for days. I believe it shows that the court did not want to give me the time. The judge waited until the last possible day for the issuance of a date and then to wait five more days before releasing notice????? Leaving 8 days to prepare.

The judge on the first hearing told my wife that she could be held for any contact she initiates, and I don't see that in the written order. Is that enforceable?