Inconsequential Details…

…leading up to our first custody evaluation…

In the aftermath of the protection from abuse hearing (or lack thereof), all remained eerily quiet on the road to the custody evaluation. There were a few issues that reared the ugly head from time-to-time:

Once the child-support payments were set-up, there were some snafus with the work check-runs that would prompt the regular, recurring “I didn’t get my support check” emails. Even after that was corrected, knucklehead wasn’t used to the usual red-tape delays that commonly occur because she had to have my wages garnished instead of taking my checks directly. Her choice, not mine. I finally got around to ignoring those emails after telling her a couple of times to take it up with the child support disbursement office. (For the record, I was paying $869/month for child support having them 50% of the time and also paying “temporary spousal support” to the tune of $204/month.) I’m still at a loss to figure out how I was to pay that much and her petition for spousal support was a joke. For someone who “couldn’t afford to pay reasonable attorney’s fees” – she sure was petition-happy during that period.

There was also the small matter of the direct checks I was sending her directly prior to the order. After some hemming and hawing as well as my providing ample proof via canceled checks – that was rectified as well and I received appropriate credit for payments made up to the time we finally had an order entered.

Our work schedules were tough and kind of messed-up on Fridays which brought another round of issues surrounding her desire to have her alcoholic, bipolar, untreated psycho-sister watching the children for a few hours on Fridays until I could pick them up. There was nothing I could do except document my objections. She tried to leverage my inability to adjust my work schedule into “being okay” with her sister watching the children. I simply repeated my objections and stated that there was nothing I could legally do to stop her from using psycho-SIL as a babysitter.

It was also the earliest foray into partial parallel-parenting, too. Though I still hadn’t officially heard of it, we had some problems with me sending the children over dressed in decent clothing only to have her not return the clothing. It wasn’t long before I was left with nothing but sweatpants and sweatshirts. When I asked her about returning the clothing, she informed me that they “didn’t fit right” and she disposed of them. It would be the last time I sent them back to her in anything that she didn’t first supply me with. The clothes were fine. So, from that moment on, I washed whatever it was they arrived in and sent them back home in it when it was time to return them. To this very day, I still do that. Money is tight and especially then… I couldn’t afford to have her trashing the clothes that I had purchased for them.

Between September and mid-October, we would have attended 6 custody evaluation sessions. 2 each alone. 1 together. 1 together with the children. Stay tuned…

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The Restraining Order Conclusion

After filing the petition for a restraining order on September 2nd, 2004, a hearing was scheduled for the following week on September 8th. PEW was appropriately served her notice and showed up with her legal representation. After lengthy discussion with my attorney, he was confident that I could handle this on my own and effectively told me to stick to the facts as I had presented them in the petition and do not deviate. Explain the story, provide your evidence (police reports and calls) and it should be granted.

Now, many attorneys do their “pro bono” work as may be required by their firms during restraining order issues. I was approached by one and decided to go ahead and take it. With a few hours to go until it was our turn, I filled him in on all of the details and he agreed that it was quite likely that I would get the restraining order.

I requested the following:

• Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor children in any place where Plaintiff may be found.
• Evict/exclude Defendant from Plaintiff’s residence and prohibit Defendant from attempting to enter any temporary or permanent residence of Plaintiff.
• Award Plaintiff temporary custody of the minor children and place the following restrictions on contact between the Defendant and the children: “Any agreed-upon visitation requires an exchange no closer than the driveway of the marital residence with no entry into the home.”
• Prohibit Defendant from having any contact with Plaintiff and/or minor children either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor children.
• Prohibit Defendant from having any contact with the Plaintiff’s relatives and Plaintiff’s children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor children.
• Order Defendant to temporarily turn over weapons to the sheriff of this county and prohibit Defendant from transferring, acquiring, or possessing any such weapons for the duration of the order.
• Order Defendant to pay temporary support for Plaintiff and/or minor children, including medical support and payment of the rent or mortgage on the residence.
• Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as a result of the abuse, to be determined at hearing.
• Order Defendant to pay the costs of this action, including filing and service fees.
• Order Defendant to pay Plaintiff’s reasonable attorney’s fees.
• Grant such relief as the court deems appropriate.
• Order the police or other law enforcement agency to serve Defendant with a copy of this petition, any order issued and the order for hearing. The petitioner will inform the designated authority of any addresses, other than the Defendant’s residence, where Defendant can be served.

So, my pro bono attorney meets with the other side to try to get the lay of the land and see what he can make happen. When he returns after a lengthy discussion, he informs me that the other side is willing to accept the petition with one exception – that the children be excluded from the restraint.

When I explain to him that the greater portion of my fear is that the children could ultimately be harmed by her increasingly escalating behaviors, the attorney explains that I have a solid case on the firearms issue. She will be found guilty and the court would very likely impose all of that which I have asked for, except the temporary custody of the children. I allow myself to be talked into it. We avoid the hearing by allowing everything relevant to my own protection to proceed, most importantly, her immediate turning-over of the firearms to the Sheriff’s department. And again, I get another lesson in the mother-favoritism in family court.

Another hindsight lesson for anyone in a similar spot is here. While I will always suggest that you default to listening to the attorney’s advice, I will now suggest that you follow your gut… follow your instincts… do a risk/reward analysis. I believe I made a mistake in listening to this attorney’s advice as I had nothing to lose by going to a hearing. In that situation, where there is truly no downside to proceeding – PROCEED and see if you can get all of the relief you’ve asked for. I wasn’t going to jail. I wasn’t going to be sanctioned. I had the complete upper-hand. And I gave away a potentially strong opportunity to gain primary, if not sole, custody of the children because of PEW’s criminal behavior. I let the “expert” talk me into this because of the mantra “always listen to your attorney.” Well, folks… I’m hear to tell you that attorneys can be wrong. Attorneys make mistakes. Attorneys can give bad advice. Assess each situation on its own merits and if your instincts are telling you to follow through with the hearing and there is literally no downside to trying to push through and get what you asked for – JUST DO IT!

I thought that between winning the hearing over the schooling issue followed so closely by these events and subsequent restraining order being accepted by her without a fight/defense, I had a couple of major tools needed to protect myself and gain primary custody of the children. I would be able to protect them from her madness. My confidence level was quite high.

Still, following the advice of the pro bono attorney and not following through on the hearing, even though I still get the PFA, was probably another of several big blunders on my part. My high confidence level would soon be shattered as we go through the custody evaluation and panic begins to take hold.

The restraining order was entered for a duration of 18-months. I received exclusive possession of the marital home (though she wasn’t required to make any contributions to the mortgage or upkeep, which pretty much was the same as when we were married). She was required to turn over the stolen firearms to the Sheriff’s office.

In an early example of PEW’s penchant for willful disregard of court orders, I received a call from her 2-weeks after this hearing. She explained to me that her neighbors told her that a couple of Sheriff’s officers were looking for her at her place earlier in the day and if I had anything to do with it. I told her that I did not.

It turns out, she hadn’t turned over the firearms to the Sheriff’s department and a bench warrant was issued for her arrest. In keeping with her ability to get out of certain trouble – she turned over the firearms shortly thereafter. Still, she had to go before the court and explain the delay in compliance. I wasn’t there for it, but I’m sure she turned on the crying faucet, made some lame excuse, and was not sanctioned for her willful disobedience of the court’s orders. She is contempt of court, she is already in violation of the PFA by continuing to hold the firearms – and NOTHING is done. No sanctions. No arrest. No penalty whatsoever. 4-years later, I’m no longer surprised when these things happen to me or anyone else.

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The Restraining Order Petition

It’s really hard to describe the feelings that overcome one in the midst of a situation like this break-in. I call it a “break-in” because that’s exactly what it was. I had the locks changed since her move-out and made the mistake of leaving downstairs windows “cracked” when I left for work. So, she ripped-out the screen, opened the window and let herself and the children into the house.

Yes – the children.

This was the first shocker for me and I remained extraordinarily calm given the situation. I couldn’t believe she had done this in front of the children, then ages 5 and 3. I had great neighbors on a wonderful block and the most heartbreaking part of this whole ordeal was the big, bright smiles on the faces of both boys and the excitement in their voices when, during that evening when they were out front playing, they were telling our next-door neighbors, excitedly, “Yeah! Mom and Dad are getting back together and we’re so excited! This is really great!” To keep a solid face I had to work very hard to choke back tears and sadness and do the parental side-stepping that was something akin to telling them, “…oh, we’ll see, there are a lot of things that need to be discussed” …and avoid ripping their hearts out of their chest again. The PEW would take care of that the next day. I still get butterflies and sadness when I think about those couple of days when I remember how the kids were.

The details of the events are best described in my petition for protection from abuse for the dates in question (9/1 & 9/2, 2004):

My wife and I had a hearing on the morning of 9/1/2004. The judge ruled in my favor, which my PEW rather upset.

Upon returning home, I changed my clothes and went to a meeting at work. At approximately 1:45PM, my phone activated and caller ID indicated that the call was coming from my home. I removed myself from the meeting and answered the phone.

The PEW identified herself to me and said, “I just wanted to let you know that I’ve broken into the house and I already check with the police. There isn’t a fucking thing you can do about it, either. I’m moving back in and I am going to make your life a living hell until you have no choice but to sell this house!”

I tried to convince The PEW to leave the home with the children. I told her that I understand that she was entitled to be there, but it didn’t have to happen today. She refused to leave and we ended the conversation.

At that time I called police radio and asked [town’s] police to send a patrol car to the home to see what was going on.

Soon thereafter, I arrived home to discover that no police had been dispatched. As PEW had stolen my firearms that I won from the home approximately 6-months ago and their return was again discussed in the morning, I asked if she had them with her and if I could have them back, at which time she replied menacingly, “Your guns? Yeah, you’ll get them back all right – you better be careful what you ask for!”

I understood that to be a threat. I again called the police and urged them to send someone over right away as I was on the premises, as was my wife and my children and that things were escalating. I believe I said that I “strongly advised” them to come to the home.

Within minutes the police arrived and spoke to us separately. They advised me that PEW was adamant about staying and that neither they nor I could force her to leave.

Later in that evening, around 10:00 PM, PEW and I had a relatively civil discussion about what transpired and of our general circumstances. PEW expressed her frustration with the situation, her living arrangements, her mounting legal bills. Of particularly serious concern to me, PEW stated specifically that she is having trouble dealing with all of this and she, “felt like ending it all” which I took as a clear reference to suicide. Furthermore, during our portion of the discussion regarding our custody issues, she said to me, “If I lose my children, I don’t know what I’d do, probably kill myself.”

This erratic behavior has me concerned for my children’s welfare, my own welfare, and even her welfare.

On Thursday, 9/2/2004, I had to run some errands in the morning. One of my stops included the police station, where I filed a report with Officer So-And-So. I informed him of my discussion and PEW’s suicide references. I further expressed to him my fear that PEW may try to hurt herself and then try to accuse me of doing it or attempt to provoke a physical confrontation. After he took my report, I headed home.

I arrived home at approximately 11:00 AM. once there, I sat down with PEW to discuss the drop-off and pick-up of S1 for school. I made a call to the after-care program to adjust my registration from full-week to drop-in.

PEW informed me that she was taking the boys to her apartment to pick-up their hermit-crabs and some other things. She returned approximately 90-minutes later without anything from the apartment. It was approximately 2:00 PM. I awakened from a nap and informed PEW of my intentions to go into work.

PEW asked me to wait, let the boys out into the yard, and she went into the bathroom. Upon exiting the bathroom, she informed me that she was moving back out. I was shocked because the boys were already very confused by the previous days’ events. They were telling our neighbors that, “…mommy and daddy were getting back together.” Now, she was telling them that they were not moving back in.

I expressed extreme displeasure at this revelation and thought this behavior could have extreme negative effects on the children. It was then that PEW charged at me and started yelling at me and she raised her hands as if she was going to strike me. Given my suspicions that she would try to engage me in a physical confrontation, I backed away from her, telling her, “Be careful! This could cost you your kids!”

She continued to yell at me, approaching me again with a raised hand. I moved towards the steps that lead to the front door. I demanded the house key and PEW refused. I told her I was going to take the van keys. I didn’t threaten PEW at any time. However, she called the police.

By this time, I had exited the marital residence and went to my vehicle which was parked across the street. The boys were in the house now, upstairs and looking out the open front window at me. PEW came storming out front and went berzerk in the driveway. In an effort to get the attention of the neighbors, PEW began shouting at the top of her lungs, all within view and hearing of the children, “DO YOU PEOPLE KNOW WHAT KIND OF NEIGHBOR YOU HAVE?!?! HE’S AN ABUSER, A FUCKING-ASSHOLE (repeatedly), A HOMOSEXUAL, AND REAL MAN WOULD HAVE LEFT THE HOUSE AND ALLOWED THE WOMAN TO STAY!!!” The language was filthy, vile, full of expletives – and S1 was clearly unnerved by what he was witnessing. When she had completed her tirade, she threw the house key in the grass. The police then arrived, including Officer So-And-So with whom I filed the report earlier in the day. Soon after a talking to by the police, PEW left with the boys.

In my estimation, this erratic behavior pattern is becoming increasingly more aggressive and is demonstrating that PEW has little regard for the welfare of the children. I am concerned for the safety of the children, my own safety, and even PEW’s safety from herself.

It is also important to note that after telling me the prior evening that she fired her attorney – during the confrontation on 9/2/2004, PEW told me that she did not fire her attorney and that the attorney had advised PEW to re-enter the home, causing all of this upset and strife for the children and me, but for what end I don’t know. I find PEW’s behavior threatening and detrimental to the children most especially.

The entire situation was surreal, there is no other way to explain it. At least I had the sense enough to file a report with the police and accurately predicted what her intentions were.

Worthy of note:

– Despite explaining to the police that she made a gun threat, they didn’t arrest her, because she apparently didn’t have the guns on her actual person. I’m absolutely certain that if the roles were reversed, I would have been arrested.

– Despite explaining that she had attempted to attack me and even despite the police witnessing some of her screaming and foul mouth, she was not arrested. I’m absolutely certain that if the roles were reversed, I would have been arrested.

Frankly, I think I was lucky that I wasn’t arrested.

At least I took the necessary steps, short of moving out, to maximizing self-protection and it appeared to have worked.

To this day, I’m astounded that his major incident was never considered by any custody evaluator as relevant to determining her stability or her ability to parent the children effectively… but this would be one of many harsh lessons I would learn over the course of the coming months and years.

Separately, learn about the abuse of restraining orders: Without Restraint – The Use and Abuse of Restraining Orders. You can also do a simple google search for “restraining order abuse” and find alarming information.

I count myself lucky that I was actually able to get one, for what little good it did me, given the circumstances. What is quite ironic was that reality is, women use them overwhelmingly as a weapon in a divorce and custody situation. Custody Evaluator 1 will dismiss my offering of same as “lawyer posturing to get an upper-hand in the custody situation” despite PEW’s acceptance of guilt to avoid a hearing. Have I mentioned that if the roles were reversed what my expectations would be?

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A Couple of Firsts

LM and I met through mutual friends, even though we lived several states away from each other. After PEW left him, he bought tickets to a concert about 8 months in the future, thinking he might be dating someone by then. Dealing with PEW was too much to have time to date and so he was about to forfeit the concert and stay home when he decided to ask some friends. I accepted and drove up to meet him for the first time. He warned me “If you see a blue minivan in the driveway, park around the block and call me.” Kind of ominous, but not really disconcerting at the time.

The date was Aug 22nd 2004, and it went very well. We had our second date several weeks later. During this time we talked on the phone a lot but didn’t really get into anything about his divorce and what I could expect. Of course, I don’t think he even knew what to expect at that time. We did shortly thereafter.

At that time they were embroiled into a court battle over where the kids would go to school. PEW wanted them to go to Catholic school, even though just months before SHE had enrolled them in public school, in an effort to make LM have to sell the house. If she couldn’t have the house, he certainly wasn’t going to keep it. On Sept 1st they had the hearing, and she lost. LM called me to tell me the news and then he went to work, happy. Just a couple of hours later, I received a frantic call. LM: I just got a call from my ex-wife…. from INSIDE my house. I’m going over there to see what is going on.

Oh crap. PEW had broken into the house WITH THE KIDS PRESENT and decided if she “couldn’t win in court I’m moving back in and making your life miserable.” LM sent me the following e-mail that night to give me an update:

LM: I’ll let you know later if I can… if not, perhaps sometime tomorrow.

She is taking the kids to bed and if she doesn’t fall asleep in there, a confrontation will ensue. Trust me… I know how to keep a level head. AND… at the risk of going all drama queen on you, I dunno if I told you this bit of information, but you may know I am a gun owner. She stole my guns many months ago and we’ve been unable to resolve the issue of their return so that I can put them in my new safe. IF… by some strange chance, things go all fucked up and something awful happens… I want you to know that you gave me the most amazing night of my life that I’ve had for as long as I can remember (not counting the birth of my children). 😉

I don’t mean to alarm you or make you worry… but you know… sometimes things like this just don’t turn out as you expect them to… and Lord knows… most people in situations that go real bad never get a chance to say things like that. So there… I said it. You can roll your eyes… or cover your heart… or SMILE… I just wanted to get that out there so you know that you made a day really special for someone and it meant a lot. My mother is mortified and my father is “worried.” I don’t know how to feel.

I didn’t know how to feel either. Over the next three days she would make physical and verbal threats, including suicide. The cops were called at least twice that I remember, and it eventually ended in a restraining order against PEW. She moved out, after having lied that she had already broken her lease, and of course telling the kids they were getting back together and then breaking their hearts again. She fired her attorney on the premise that the attorney advised her to break in, lmfao. It’s amazing the levels she will go to in order to not have to take responsibility for her actions. Even more amazing, is that if LM had done this, he would be in jail and would certainly not have custody of his children. This was our first introduction to how far mothers could go and still be considered the better parent.

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PEW Harasses The Entire Family

After not getting more attention from LM, PEW unleashes her venom upon everyone in her contact list. Literally. As Christmas draws to a close we begin getting calls from family members saying that PEW called them crying about how we abandoned the kids on Christmas Eve. WHAT? We fucking drove 4 fucking hours to get the kids, 4 hours I could have been with MY kids, and that whore is crying victim again? We simply say: If you don’t want her calling you, tell her so, she won’t listen to us.

Little did I know until a week later, she also contacted me. PEW is really starting to unravel at this point and has begun stalking me online. I have written for numerous sites over the last 7 years and my name is pretty much everywhere. Along with my articles are bylines that include my writers e-mail, which I don’t check very often as I use another address for family, friends and business. I don’t check it until Jan 2nd, but here is what she wrote to me:

(12/26/2006)PEW
I think it’s very sad that you KNEW he was going to do this and you didn’t do anything to stop it..I have been under a Dr’s care for 2 weeks…..fever, etc……..also….for a future step-mother to no even get on the phone to say merry christmas….that’s VERY telling……..what are you thinking????? I’m sad DW….very sad…..I had much more faith in you than you obviously deserved………it’s always been that way…I can’t figure out why an attractive woman like yourself…with obviously enough money to be independant would put up with someone like LM……….the only thing I can figure is that you don’t think much of yourself……please think of S9 and S6 for a minute…..I know it’s hard because their not your kids….but think about how they feel right now??? I have the flu…I have a Dr’s note…….I don’t know what else to give you guys….

Our Commentary: Oh no she didn’t. She has the nerve to write me at an e-mail I NEVER gave her and tell me *I* should think of her children? Was she thinking of MY children when I spent 4 hours driving on Christmas Eve? I thought her kids were having a great time with her? I thought they were happy being there? Isn’t that how they are feeling according to her? Flu my ass. First it was one day, then 3 days, and now we are up to sick for 2 weeks. Don’t think JC won’t notice these inconsistencies.

My response to her: (1/02/2007)DW
I will tell you this once, and once only. The next time you call my business, a personal phone number of mine, or e-mail a personal account of mine that is for anything other than the death or injury of one of your children, I will file harassment charges against you as well as a restraining order. Since my business is in M county, it will be infinitely easier than the last time you and your family decided to harass and threaten me. The same goes for your family, so you should refrain from your desire to send them this e-mail only to have them “come after me” much like a six year old would do.

You were not sick for 2 weeks, seeing as how on Christmas day you said it was only for 3 days which was a lie in and of itself, you and you alone chose to do this again to your children, as you even told LM that you told him a “month ago” you would not drive on Christmas Eve. What I KNEW LM would do, was what he was responsible for, driving to EP. LM and I took 4 hours out of our own Christmas Eve (away from MY children) to drive while you decided to play games yet again with your children’s lives. I’m sorry you feel the need to do this.

I no longer talk to your children on the phone because you have scared them into not wanting to talk to me because it makes you feel bad about yourself, they wish to protect you. I will not put them in between us, they are welcome to love me and talk to me when they are in my home, until they are comfortable showing affection for me around you. Hopefully someday you will think about your actions in front of the children and how it affects them, until then, the boys will suffer. For instance, you didn’t even look at your children, not to mention mine, when trying to start something in Wendy’s when you finally decided to do the right thing and pick up your children on Sunday. It shouldn’t surprise me, seeing as how you’ve done this numerous times during exchanges, and even at court while holding onto your children and trying to incite LM’s Mother. It’s sad that you have such little self control even in front of your own children. As you so often request of everyone else PEW, I hope someday you will get help for all of your issues and begin putting your children first, including doing your part in exchanges, diets, exercise, co-parenting and much needed therapy for the children.

I know this e-mail will do nothing for you to accept responsibility for yourself or your children, but know that I will no longer take over when you should be responsible. The boys will learn on their own who has cared for them by our actions.

Until then, do not call, e-mail, or visit me, or you will have charges filed against you.

Sincerely,
DW

(1/02/2007) PEW
I won’t contact you again….because again, I thought maybe you could be more reasonalbe or rational than LM, but you’re not, you’re even worse than him. LM and I will settle all of the rest of this in court, hopefully by the end of January. Feel free to TRY to file a restraining order or harrassment charges though….I have news for you, I have not threatened you or harrassed you in any way. We both know that you are the one who is truly responsible for all the “game” playing.
Thanks for your help.

Our commentary: Little did I know this would be the beginning of her following me around, trying to find out how much money I made, trying to make the courts sanction child support against ME, lmfao. Ah yes, but it’s all about money for us.

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