Showing posts with label kick out order. Show all posts
Showing posts with label kick out order. Show all posts

Monday, October 22, 2012

I have another date!


Woo hoo. the excitement. 

No, it's not that kind of date. It's a court date.



The victim's advocate from the D.A.'s office thought I had a pretty good case for a restraining/kick-out order to put an end to Todd's squatting and get our kids back in their house... But when she called Todd to warn him about last week's court date, he didn't answer... and because of that, the judge didn't consider him adequately warned and temporarily denied the move-out portion of the restraining order. I had to have him served with papers for the restraining order and notice about another court date this coming week to determine if there will be a move-out order or not. That means staying with friends for at least another week.

So he will probably be in court this time. And he's going to have plenty of time to pick his lawyer relative's brain before then about how to look out for number one. I could be worried about it. Perhaps I am... but I'm also resigned to making the best of whatever the judge says. I'm not going into it as optimistically as I did with the last court date. He may very well rule against me, but that wouldn't be the end of the world. It may mean losing more financially, but it will only serve to fast-track the loss so I can move on to the recovery. 

Monday, October 1, 2012

I Need Input... PLEASE


Should I, or should I not "threaten" legal action before taking legal action?

I'm planning on filing a restraining/kick-out order if Todd doesn't get his butt in gear and find a place to so his kids can return to their home... 


  • Should I be specific in advance? 
  • Should I let him know that if it's "too hard"for him to live somewhere else so the kids can be in the house, his inaction will actually force me to file for divorce sooner rather than later? 
  • Or is it better not to alert him to the action I plan on taking and give him the chance to be premeditatively nasty?


All you silent lurkers, please speak up this time. And give me the "why" behind your answer. There is wisdom to be gleaned from a multitude of counselors.