Advice: gonna have to represent myself at PO hearing JAN20th

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Re: Advice: gonna have to represent myself at PO hearing JAN

Postby GA_DevastatedDad » Wed Jan 25, 2012 7:15 am

can they ask details on somethiung that was expunged
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Re: Advice: gonna have to represent myself at PO hearing JAN

Postby GA_DevastatedDad » Wed Jan 25, 2012 7:38 am

Okay I am filing my answer today, in it can I put in the phone records of the nights in question. I know that he may or may not throw the evidence out but if I put them in he would still have seen them, particularly the day she called 20 something times but claims I called her and other incidents like that where she claims one thing but the phone records show very different. I was gonna put them in with a key and hightlights showing who called whom. I just want to staple them to them in with the answer and counter claim. I need feedback on this!!!!!........
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Re: Advice: gonna have to represent myself at PO hearing JAN

Postby GA_DevastatedDad » Wed Jan 25, 2012 7:55 am

Fatheroffour wrote:
I found out that My STBX will have her attorney present. any tips or things I need to watch out for.

Don't punch him.
if the attorney ask you about something that was nolle prossed, expunged, or dismissed do you have to comment on it ..can that be used as evdence

This is where an attorney is necessary because it will depend on exactly what is asked.
"Have you ever been arrested"
" I plead Nolo for that!"


wow "don't punch him great advice" great advice FOF :)
now about the other part these were dismissed I did not plead nolo. I always maintained my innocence. then I had them expunged but my stbx somehow got them on the record showing that I was arrested and yes the arrest records were part of the expungement
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Re: Advice: gonna have to represent myself at PO hearing JAN

Postby Fatheroffour » Wed Jan 25, 2012 8:06 am

GA_DevastatedDad wrote:can they ask details on somethiung that was expunged



Yes.


stbx somehow got them on the record showing that I was arrested and yes the arrest records were part of the expungement


Are you currently in possession of a recent certified copy of your criminal history for the state of Ga?

You should be. In the absence of better advice, tailor your answers to that.
“The two most important days in your life are the day you are born and the day you find out why.”― Mark Twain



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Re: Advice: gonna have to represent myself at PO hearing JAN

Postby GA_DevastatedDad » Wed Jan 25, 2012 8:24 pm

I will get one tomorrow FOF
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Re: Advice: gonna have to represent myself at PO hearing JAN

Postby dadmisseskids » Thu Jan 26, 2012 8:36 am

@GA_DevastatedDad

I saw you asked a question on what factors the judge uses when deciding custody. In PA, the laws changed just a year ago. I've seen others say the same thing about their states recently so I'm inclined to believe every state will adopt this soon. To answer your question, here are the factors that a judge needs to consider when deciding custody. This is in PA but I'm guessing most of the other states are similar:

(1) Which party is more likely to encourage and permit frequent and continuing contact between the child and another party.
(2) The present and past abuse committed by a party or member of the party’s household, whether there is a continued risk of harm to the child or an abused party and which party can better provide adequate physical safeguards and supervision of the child.
(3) The parental duties performed by each party on behalf of the child.
(4) The need for stability and continuity in the child’s education, family life and community life.
(5) The availability of extended family.
(6) The child’s sibling relationships.
(7) The well-reasoned preference of the child, based on the child’s maturity and judgment.
(8) The attempts of a parent to turn the child against the other parent, except in cases of domestic violence where reasonable safety measures are necessary to protect the child from harm.
(9) Which party is more likely to maintain a loving, stable, consistent and nurturing relationship with the child adequate for the child’s emotional needs.
(10) Which party is more likely to attend to the daily physical, emotional, developmental, educational and special needs of the child.
(11) The proximity of the residences of the parties.
(12) Each party’s availability to care for the child or ability to make appropriate child-care arrangements.
(13) The level of conflict between the parties and the willingness and ability of the parties to cooperate with one another. A party’s effort to protect a child from abuse by another party is not evidence of unwillingness or inability to cooperate with that party.
(14) The history of drug or alcohol abuse of a party or member of a party’s household.
(15) The mental and physical condition of a party or member of a party’s household.
(16) Any other relevant factor.
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Re: Advice: gonna have to represent myself at PO hearing JAN

Postby GA_DevastatedDad » Thu Jan 26, 2012 11:17 am

quick question can I subpoena some one for court tomorrow they are willing to come but need a supeona to get out of work tomorrow subpoena
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Re: Advice: gonna have to represent myself at PO hearing JAN

Postby GA_DevastatedDad » Thu Jan 26, 2012 11:23 am

GA_DevastatedDad wrote:quick question can I subpoena some one for court tomorrow they are willing to come but need a supeona to get out of work tomorrow subpoena

oh yeah by the way they are in the Military about 90 miles from here whatr information do i need to have to do this
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Re: Advice: gonna have to represent myself at PO hearing JAN

Postby dadmisseskids » Thu Jan 26, 2012 11:24 am

GA_DevastatedDad wrote:quick question can I supoena some one for court tomorrow they are willing to come but need a supeona to get out of work tomorrow
I've never done a subpoena. I think that in some areas it doesn't need to be signed by the judge but I don't know. If I were you, considering there isn't much time in the day left, I'd call your local court clerk and explain the situation to see if you need a judge's signature.

If it's just for the person's work, just make it look as legitimate as possible and if you screwed it up, you can just say, "Oh, sorry.....I am pro se and I have no idea what I'm doing."

Nothing like waiting until the last minute......
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Re: Advice: gonna have to represent myself at PO hearing JAN

Postby dadmisseskids » Thu Jan 26, 2012 11:25 am

GA_DevastatedDad wrote:whatr information do i need to have to do this
Court clerk and Google are your best friends right now.
"Success depends on your backbone, not your wishbone"

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