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TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 11652
Experience:  JD, MBA
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There were outrageous accusations made against me in a conference

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There were outrageous accusations made against me in a conference hearing today (no trial yet for my 13 month old son) that I am harassing the pediatrician and jeopardizing the relationship of the child's mother with the pediatrician. I have recorded the pediatrician on a call with me saying that she does not believe I am harassing their office. How can I respond to these allegations? What kind of motion do I file? Can I attach audio?
Hello and thank you for allowing me the opportunity to assist you.

There is probably no reason to respond at this point. The accusations are presumably hearsay (i.e, the pediatrician presumably did not make those claims), and the conference hearing was not an evidentiary hearing, so the allegations will be given no weight at all by the judge.

If there is an evidentiary hearing in the future where those same allegations are made, then your ex will have to present evidence of the harassment. If there is any such evidence, then you could subpoena the pediatrician to testify about the lack of harassment. The recorded telephone call would not likely be of much help, however, because it would be hearsay. Hearsay is an out of court statement made to prove the truth of the matter asserted. The telephone call was made out of court, and you'd be submitting it to prove that there was no harassment. So that is hearsay. That is why you'd need to get the pediatrician there to testify in person.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated. Thank you for using our service!

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Customer: replied 3 years ago.

The referee believed them though, and reprimanded me, telling me "you can't be doing that, you can't be calling the pediatrician constantly". She totally bought what they were saying, and they used it to back up that I am harassing the mother as well... this led to the referee enacting a "no contact order" and now I have to get information about my 13 month old from the grandmother.

Hi again.

Wow, that sounds ridiculous that the referee would just buy into everything that she was told without any supporting evidence. If the referee's order is final, then you can appeal. But if the order is interim (which is likely the case here, if the case is not concluded), then you cannot appeal. But you can ask the referee to vacate the no contact order. I would file a motion to reconsider the matter, and I would include any documentation supporting the fact that you did not harass the pediatrician. For example, you may wish to ask the pediatrician to sign an affidavit regarding your phone calls. It's quite possible that in those circumstances, the referee will vacate the order.
Customer: replied 3 years ago.

Thanks. What would the affidavit say? The pediatrician said she does not like to get involved in legal matters.

Hi again.

The affidavit could make statements that specifically refute the mother's accusations (though it shouldn't reference the accusations). For example, it may state the number of times that you call, and the opinion that the number of calls was considered normal under the circumstances and in line with the frequency of calls by other parents.
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