By Roxanne Hernandez, Staff Attorney
-One-
I was assisting my client Patricia (fictitious name) with a legal separation, and we needed to file and serve an Amended Petition for Dissolution. However, we had a roadblock—her husband Chester (fictitious name) had successfully dodged service for over a year. In fact, besides our case, Chester had also successfully dodged legal proceedings and/or service for criminal court and probate court.
Patricia’s three-year restraining order against Chester was due to expire and so we had to file a request for renewal for her. Through our continued efforts to reach him, Chester learned of the proceedings and appeared remotely. At the hearing, I was able to obtain a permanent renewal of the restraining order to protect Patricia and the couple’s four children, with no visitation for Chester. Patricia was relieved by the outcome. Further, we can now bring her dissolution to completion because following Chester’s remote appearance, the judge authorized the use of electronic service.
-Two-
Our client Carla (fictitious name), a 46-year-old woman, came to us in desperate need of a domestic violence restraining order. She had been living under the violent and drunken tyranny of her husband Chico (fictitious name) and had suffered both physical and mental abuse perpetrated by him during their short relationship and marriage. In the early days, she was aware of his drinking, but he assured her that he had it under control. As time went on and his drinking escalated, so did the violent abuse.
There was one time when law enforcement was called by her minor son (from a previous relationship) and more times when they weren’t. Family urged her to keep it quiet and to stick by Chico. Finally, after she witnessed Chico, who trained in martial arts, beat up his brother to serious injury for an imagined slight, she sought our assistance.
We worked on this case in collaboration with a pro bono attorney. It was a contested hearing with difficult subject matter and facts, however, the pro bono attorney and I worked together to prepare the case and Carla. In the end, we were able to obtain a two-year domestic violence restraining order for her and her son, allowing them to live with a greater sense of safety and protection and to be in a position to heal from the traumatic experiences caused by Chico.
-Three-
Twenty-two-year-old Natalia (fictitious name) came to us with a Temporary Restraining Order (TRO) for her protection as well as a TRO issued against her. She and her husband, Matt (fictitious name), were married for just under a year. During their marriage Natalia stated that Matt tried to choke her and was both verbally and physically abusive towards her. On one occasion she called the police for help. After the last incident of violence, she moved out of the home and in with family; and went to the police station to report the abuse.
On Natalia’s behalf, we were able to stipulate to a TRO protecting her for two years and the dismissal of the TRO against her. Much to her relief we were able to do this without her having to testify, which was something she had been exceedingly nervous about doing.
