Good evening, Frank,
I read the attachment you sent. I thought you said that there was a series of emails that went back and forth.
Nevertheless, here is how I assessed the email from David Binkley to Joseph Hardig who, I assume is your attorney. I think the issues raised by Binkley are wholly inappropriate to be discussed in the same context as an Order of Protection. He devoted three lines to the Order of Protection and the rest of the 1 1/2 pages to financial and nonfinancial issues dealing with the children.
I did not see anything unethical in the email, but he has made many self--serving statements that one would almost think that he is expecting your attorney to introduce it so that he can "malign you without speaking". For example,
1. He states in his first sentence,"... I am relying on your judgment that Frank is going to stay on the reservation and that we won't have another repeat of the office scene or the multiple, repetitive, offensive emails, text messages or voice mails. Without the PPO Ingrid is pretty defenseless so the no contact order is going to be very tight ..........."
In one sentence he manages to accuse you of sending your former wife offensive emails, text messages, leaving voice mails, and making a scene at her office. He also is "testifying" how defenseless your former spouse is.
I hope that your attorney has done his homework in
A. serving a Subpoena on the witness who spoke to the police who came to her office as a result of calling 911, and who said that nothing happened, so that he comes in to testify on your behalf;
B. Having a copy of the police report stating that the 911 call was unfounded;
C. He should have asked which witnesses Binkley has, so that your attorney knows who to bring to refute their testimony;
D. Investigating the allegations she made in order to get a temporary Protective Order so that he can call witnesses to refute her allegations as to other "incidents";
E. This email was written in June; your attorney should have sent a written response denying all of the accusations Binkley made because that is a very damning email
2. The issues which Binkley says should be resolved are totally unrelated to the issue of the Protection Order
3. Binkley puts the burden on you to act according to how he and his client want you to act - Making you look like the stumbling block to a resolution
4. Again, maligning you by saying you did not attend your daughter's extra-curricular activities, and having the audacity to demand that you send a written apology to your daughter. If you don't, you will look like you do not care about your children. If you do send a written apology, you are admitting that you do not show enough interest in your daughter's activities. So, you are damned if you do, and damned if you don't, as the saying goes;
5. Accusing you of not being a good role model of how father's should act. Binkley is sly because he kisses up to your attorney telling he's a good father and that he should counsel you on how to be a good father
6. I do not know what he doubts, or what his doubts are based on; your attorney should have addressed that issue also;
7. ***More importantly, even if you prevail at the hearing, Binkley wants you to agree to a "No Contact" order, so if you attempt to discuss or participate in making important decisions affecting the children, you will be violating the No Contact Order (Page 2, Line 3 the first asterisk )
8. Why should you have to go through a third party to exercise your rights to shared legal custody? Again, he is making you look like the instigator and his client, the victim. I hope your attorney refuted these statements;
9. Your former spouse is making decisions on the children's education and her attorney is submitting the bill to you, saying "Pay it". Did you have a chance to discuss this and offer your opinion ?
10. He is accusing you of not buying things for your children by saying you should spend money on the children. He is taking what his client says as "Gospel". here is what he states in his email,
"...There are a number of financial concessions that Frank needs to make in order to make this work ........... If Frank is willing to make this work, it involves him spending some money on the kids. He certainly makes enough to afford this proposal..........." (Bottom of Page 1)
Q. Make what work ?
11. Apparently, your attorney made some suggestions also because Binkley states,
"The non-financial issues that you suggested are largely acceptable..........."
(Page 2, Line 1)
***12. Your former wife falsely accuses you, lies through her teeth, has her attorney file a Petition seeking an Order of Protection and then demands that you pay his bill for $4,300 ???? (Page 2, last line)
13. Binkley thinks he's smart. Court reduced child support to $2,800 last year. He knows he cannot get an increase through the Court, so he's trying to extort more money from you by having your attorney agree to an increase in child support to $3,825 per month ??? That is an increase of $1,025 which is almost a 50% increase. Does Binkley think that he can circumvent the Support Guidelines and diminish the importance of the Court's Order to reduce the child support amount by agreement ? Or, does he simply think that you and your attorney are mentally challenged ?
14. Your attorney is going to have to introduce a lot of solid evidence to refute the statements and allegations in the email before he even attempts to introduce the email into evidence to show what motivated your former spouse to seek a Protection Order. It has to be done that way because you never want a Judge to hear negative comments about you and then refute them because it is his first impression that stays with him.
Your attorney might want to consider introducing her motivation through testimony, rather than through this particular email because if he does not have witnesses to testify on your behalf, the email might do more harm than good to your case.
Has your attorney done enough homework so that he will not only be prepared, but also be able to anticipate what surprises Binkley has in store for both of you ?
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