I feel like I am getting the runaround!!!

Crystal318

First my attorney said the protective order hearing was scheduled for next week and that she was trying to get the custody hearing for the same date. So I had to call her and ask if she had a date for the custody hearing or not and her receptioist told me to protective order hearing was taken off the calendar and that the custody hearing wont be until the end of February or beginning of March....WHAT????

What am I supposed to do in the meantime??  There is no agreement is place at all. After the TPO expires he will be able to take LO and then I risk him getting him while he is high...or taking him and not bringing him home??? There is a serious gap here and I am so mad and confused!

First she said that my ex and I can try to agree and compromise and sign an agreement outside of court. Well great but we do not communicate well at all. we cannot get through to each other at all.....isnt this what I have an attorney for???Then I suggest that we send the agreement that my attorney and I came up with to my ex's attorney and they could review and make reasonable changes and we could potentially do this out of court. She said that is good too. Why did I have to come up with that idea?  I feel like I am not being very well informed about anything.

Sorry - I am just ranted. If you made any sense of what I just said more power to you!!!  I barely can understand my thoughts as i write them. My head is spinning from all this back and forth stuff!!  I feel like I am the mediator between my attorney and my ex....shouldnt it be the other way around??

 Thanks! Pretty much just needed to vent but advice, comments, experiences as always helpful!

CFjo2010

Did the attorney's office explain WHY the hearing was taken off calendar?  Also, did you get to speak with your actual attorney at all or just the receptionist?

I've been a paralegal for about 5 years now and I can tell you this much: many times attorneys are working on things behind the scenes and unfortunately the receptionists are not privy to what's going on.  It's quite possible that your attorney is already in discussions with your ex's attorney to figure out a schedule.  A lot of times, these discussions start off with taking pending matters off calendar so they can work things out.  Meanwhile, all the receptionist has been told is, "take the matter off calendar" and nothing more.  If you've already told your attorney what you want in regards to a visitation schedule, then there wouldn't be much discussion with you until they're close to reaching an agreement.  Frustrating I know, but most attorneys do not want to call and tell you they're in discussions and then have to call again when/if the discussions are fruitless. 

Demand to speak with your attorney.  Get an explanation from your attorney as to why the protective order hearing was taken off calendar without your knowledge or consent.  Make it very clear that you do not consent to the matter being taken off calendar without an order regarding visitation in place.  Next step is a threat to contact the State Bar Association.  These types of hearings can be put back on calendar pretty easily, especially since the temporary order was already made.

 Good luck!

kmartinez80

In my state and the state I previously lived in, to get a order of protection you just have to go down to the courthouse, fill out the paperwork, and they get you in front of a judge that day.  The only thing that I've needed to do after that step was have the order served (process server for the last OOP becaue XH is out of state and served by law enforcement for the other two OOPs I've had against him) and then file the service paper with the court.  I've never used my lawyer or needed to use a lawyer to get an OOP.  You may want to call the court or local domestic violence resource to find out if there is an easier (and cheaper if you won't have to pay your lawyer to do it) way to get the OOP.