[justalillie]

Hello , on may 5 my soon to be ex husband and I appear in court with our lawyers we both filed a pfa he has been mently vebraly, and a few times sexauly abused me for over a year after he kick me and our daughter out of our home I have copy of all his herassment every word he said , his pfa was that I was herassing him which I wasn't just ask for my belonging he filed so I would get in the house anyway on may 5 the laywer and judge granted a cooling off three months and a date was set for aug 12, in the courtroom in front of all parties. Now my question is this , on the date of the hearing he didn't show or his laywer, the jugde made me play both sides, he's was thrown out and dismissed and I was granted my pfa after she heard me case , I didn't have a lawyer for this hearing was granted a full pfa for the term of 3 yrs. Now his laywer called my house and said he wasn't notafide about the court date but he was present the date of the file hearing and agreed to the date the judge set. Can he refile the same claim . If so how do I stop it from going to court

[justalillie]

Hello , on may 5 my soon to be ex husband and I appear in court with our lawyers we both filed a pfa he has been mently vebraly, and a few times sexauly abused me for over a year after he kick me and our daughter out of our home I have copy of all his herassment every word he said , his pfa was that I was herassing him which I wasn't just ask for my belonging he filed so I would get in the house anyway on may 5 the laywer and judge granted a cooling off three months and a date was set for aug 12, in the courtroom in front of all parties. Now my question is this , on the date of the hearing he didn't show or his laywer, the jugde made me play both sides, he's was thrown out and dismissed and I was granted my pfa after she heard me case , I didn't have a lawyer for this hearing was granted a full pfa for the term of 3 yrs. Now his laywer called my house and said he wasn't notafide about the court date but he was present the date of the file hearing and agreed to the date the judge set. Can he refile the same claim . If so how do I stop it from going to court

[JudyKayTee]

First, this is a new question and should have its own thread. I don't know why it's posted under Small Claims.

Your husband is entitled to his day in Court - it is the Judge's decision whether to reopen the case, based on proof that he was notified.

[Fr_Chuck]

Can you prove with court documents that your ex and/or his attoreny were notified of the court date ?

[justalillie]

Can you prove with court documents that your ex and/or his attoreny were notified of the court date ?

Yes he and his laywer where stand next to me and my laywer on the day the next court day was set. They agree to the day and it was stamped on our pfa and we both got a bright yellow peace of papper says to go to the claim and file room to get a eextra copy but no papper where mailed out because the date was stamp and signed by the judge on own first court date and at our second hearing the judge ask me if the other parties knew about the date I told her what I just wrote you she put on his claim dismist for failer to show I didn't even get a court papper mailed out to me I just looked on my pfa

[justalillie]

First, this is a new question and should have its own thread. I don't know why it's posted under Small Claims.

Your husband is entitled to his day in Court - it is the Judge's decision whether or not to reopen the case, based on proof that he was notified.

Hello.. we where both notified on the day of our first hearing the judge set a date and all parties agreed to it I didn't even get a letter in the mail it was handed to us at the court house pluse when you sign in they give you a papper saying that after your hearing go to the claim and filing room to get all copies the master on the 12 asked me if they new about the court date and I told her that the judge set it and his laywer and mine agreed to it and she then said well they didn't show so its dismissed failer to show . Can he fail herassment again . Which I didn't do . He just put a pfa on me because I asked him if I could go in the house to get some of my daughter toys I asked him about why he was letting our 15 yrs daughter stay home at night while he was at work with two grown man that have a know drug and drinking problem , called him to ask him to clean up the house because every time our 10 went over there she would come home sick because of the 5 cats I wanted to no when I was going to start getting my support because he got fired again from his job most likely because he stole again.. this would be the third job he lost do to stealing . Yeah I pick a winner of a man . I have hundred of text message and I'm from him a hole yrs worth of him abussing me his words with his name and time and date on them him saying how sorry he is for hurting me, for treating me badly , so on ans so on even a text message of him threating my life. Even addmiting marratul rape . I just don't want him to even talk to me again , and his claim are nothing but lies.

[JudyKayTee]

Again, what will or will not happen is at the discretion of the Judge - he may or may not find that additional notification was necessary.

If he is threatening your life and you have proof, go back to the Police.