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AttorneyCook
AttorneyCook, Lawyer
Category: Family Law
Satisfied Customers: 40
Experience:  I have proudly represented hundreds of clients in family and criminal law matters in South Texas.
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Hi Again, I was granted a temporary order of protection.

Resolved Question:

Hi Again,
I was granted a temporary order of protection. I received a message from someone claiming to be my husband's lawyer asking if we could meet to discuss the dissolution Mr. -- is filing for.
Is this a way to for them to avoid the no contact portion of the order? Do I have to respond to his attorney?
I need time away from my husband's threats and crazy-making so I can address the situation from a calm and personal position. So far all of my decisions have been in reaction to his impulsive, irrational behavior and I don't feel comfortable continuing this way.
Submitted: 1 year ago.
Category: Family Law
Expert:  AttorneyCook replied 1 year ago.

AttorneyCook :

Dear Customer: Thank you for this question. Yes I would agree that his attorney contacting you to negotiate the dissolution is a way to indeed make contact with you (indirectly) without violating the terms of the protective order. You do not have an obligation to respond to this attorney, unless the attorney sets a hearing where you are ordered to appear as the opposing party, correspondence is not obligatory. Again, the only way for the lawyer to force you to meet and negotiate the case is if the attorney serves you with a document that sets a hearing. Courts do encourage meetings and negotiations outside of hearings in the interest of court efficiency, but again, I think taking some time to collect your thoughts is wise and would be fine.

AttorneyCook :

(great job on getting your protective order!)

AttorneyCook :

On a strategic note, if you send the lawyer a letter or an email, stating that you do not wish to meet with them, this can be used against you as evidence during a later hearing in the sense that the lawyer might try to use it to show that you are non cooperative. Instead, ignoring the letter would allow you to avoid making a paper trail. The attorney will not at first know that you are not planning on meeting. Over time, the attorney will try again to make contact with you, and finally the lawyer will have to set the matter for a hearing of some kind to make the dissolution progress. The attorney will have the ability to serve you with discovery requests, or set the case for motions or for a final hearing.

Customer:

Thanks. Third-party contact is not allowed during the temporary order so I was hoping that included his attorney for now. I have no problem negotiating, but what he has requested lately was not at all rational.

AttorneyCook :

The attorney contacts are encouraged because sometimes after temporary orders are granted, attorneys can get cases closed, and avoid going back to court. If your husband were to have a neighbor call you, this would be totally impermissible. If the attorney begins to contact you every day, and harass you, you may be able to creatively argue that this indeed violates the protective order.

AttorneyCook :

I think that it is in your interest to take a breather.

AttorneyCook :

Just for contextual information, If you had a lawyer, the two lawyers would perhaps decide who should draft a proposed decree of divorce, and try to decide on the terms of divorce so everyone could sign off and have the matter finished. So, if you want to be getting ready to position yourself well in the rest of the case, you could look for sample decrees, and begin a list of the terms of divorce you will be requesting.

AttorneyCook :

I am going to step out of this chat for now, and I hope your Monday goes smoothly:)

AttorneyCook, Lawyer
Category: Family Law
Satisfied Customers: 40
Experience: I have proudly represented hundreds of clients in family and criminal law matters in South Texas.
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AttorneyCook
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I have proudly represented hundreds of clients in family and criminal law matters in South Texas.