Ryley and his clerks office

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Ryley and his clerks office

Post  Howcanyouhelpme on Sun Aug 12, 2012 6:09 pm

I am in the middle of modification of a parenting plan so that I may spend more time with my two children.
I had been divorced over five years when my attorney went to court on my behalf with a motion for modification of the parenting plan.
Once my ex-wife was served with the papers regarding this matter, she went to judge Ryley and requested an RO be pulled in retaliation.
Judge Ryley gave her the RO based upon her saying she was in fear for her life during an exchange of our children, which she still let our children go with me for a week.
I have no police record, have never had any police reports where I was accussed of wrong doing during the marriage and after the divorce.
Judge Ryley did not vacate the RO and instead used it as a way to dictate, my visitation schedule and contact with our children.
This allowed my ex-wife to use it as a weapon against me and also went to Judge ryley numerous times to have it modified to the extent that no law enforcement could understand what the RO was actually in place for except to allow me coomunication via email about our two children.
My ex-wife now has succeeded in her second attempt to say that I have violated the RO by talking to my child while she monitored the call and did not like what I was telling the child.
This all comes from the fact that Judge Ryley somehow seems to think that an RO is needed to begin with, while allowing my ex-wife to come to court withh all kinds of lies to further her case.
Any ideas that my attorney and I could use to defend myself against Judge Ryley and my ex-wife?

Howcanyouhelpme

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Re: Ryley and his clerks office

Post  ProSe on Mon Aug 13, 2012 1:10 pm

Unfortunately, it is well known that Judge Arthur Ryley hands out 209a's with no discretion, often with no actual evidence. The law clearly states that he must be presented evidence and find by a "preponderence of the evidence" that your ex-wife is in need of protection afforded through the 209a laws. Judge Ryley has made it clear in numerous 209a cases in his courtroom that a woman's testimony alone, without any supporting facts or evidence, is enough to issue a 209a, no matter how incredible the allegations are. Judge Ryley will always issue the 209a, if asked. I hate to be a downer, but it is my opinion that once the 209a is issued, you have no say in it being vacated. As long as your ex-wife returns to court on the return date and states that she is "in fear", she will always have it extended. The 209a law is one of the most out of touch laws on our books. However, the State refuses to do anything about it. The law is abused by women and attorneys alike as a way of "leveraging" the Court in their battles, especially when child custody is in question. Once a 209a is issued, most Judges make a determination that if there exists a threat of abuse with the wife, there also exists a threat of abuse with the Children. This is also a blemish on your record that can NEVER be removed, unless it is proven that the original allegations were fraudulent. You will always be listed on the State abuse registry, which every law enforcement agencies have access too (and some employers, as well).

I feel for you. I have seen it many times, especially in Judge Ryley's court. The only advice I can give is to keep your nose clean and avoid your ex-wife like the plague. When visiting with your Children, use restraint and never speak a word of your ex-wife, her activities or anything pertaining to her at all. When speaking to them on the phone, always assume that she is listening (or recording) and NEVER speak of her at all, as it could be twisted into "third party contact", a violation of the "no-contact". The best protection against a charge of a violation of the 209a, is to completely cut her out of your life. I know it is difficult, with the Children. However, the alternative is not desirable.

Good luck.

ProSe

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