Notice of Examination Before Trial

[Need4Answers]

What is the name of your state? NY

My ex is trying to get an order of protection against me even though I have had one against him for years and have not spoken to him in 3 years. He is mad because I am allowing the kids to see his mother (he hates her) - but she is not in good health and just wants to see her grandchildren before she passes (he would never say why he hates her - I think she's a dear old lady). At any rate, I sent a very professional letter to his father for her just to let him know that his son (my ex) was not sending her her alimony payments (5 wks behind) and asked him if he could find out the status. I am the only one who really does any for this poor lady. At any rate, this caused him to file for an order of protection - which I am sure the judge will throw out - we are scheduled for 5/5/05. However, his attorney handed me a Notice of Examination Before Trial which states I must appear at his office (which is two hours from where I live) and give testimony to a notary in his office and bring all my evidence against my ex-husband and any and all documents pertaining to witness information (discovery). I know this is done for more detailed cases, like financial corporations, but this is a minor order of protection which more than likely will be dismissed - I think they are just trying to scare me or his attorney is trying to rack of my ex's bill. Can the judge tell his attorney that this request is unreasonable for this type of case since there is no "Trial", not even a "hearing" has been set nor will there be. If I had to give testimony to a notaray I can give it to any authorized notary so why can't I give it to my attorney's notary? Any suggestions? Thanks!

 

[djohnson]

Do you have an attorney? Were you subpoen'd or just requested by his attorney?

 

[snostar]

If I had to give testimony to a notaray I can give it to any authorized notary so why can't I give it to my attorney's notary?

What did your attorney say about all this?

 

[Need4Answers]

He handed me these documents in the court room - I need to have an attorned appointed to me. I did finally speak to her just yesterday (same one I had before). She said they can't make me go. As I looked over the paperwork more, these things he is trying to demand I do are for the petition for a violation they say I committed. They say I interfered with phones visits, but my ex requested that there be no phone visits and it is in the order of protection that he not call the children so how can I violate something if it is in the order? My attorney said she will asked for it to be dismissed. I think he is referring to right before the phone visits stopped - he called in a false CPS report on me because I had him arrested for breaking the order of protection (drove by my house beeping and flipped us off), my daughter was angry with him so she refused to talk to him. I can't make her, she's almost 11 so he is just now getting around to filing a petition but that was almost a year ago now. Right after that happened it was put into the order that there be no more phone visits either. Do you think the judge will throw it out (dismiss it)?