What do I do about judge swayed by drama and tears? Or am I the crazy one?
WA State jurisdiction.
OK, I have a P.O with a woman (I am respondent, she is petitioner) who in my belief, got it against me because she was trying to retaliate against me for her own personal crazy-lady vendetta, brought a load of unproven BS as her claim against me and is manipulating the courts to spank me (as she even pressed for criminal charges saying I'd broken the P.O with a brief traffic encounter. That was dismissed with no probable cause and judge told her not to try to manipulate his order again, he revised distance from 100 ft down to 50 ft.) In this latest request I made for modification I wanted the physical distance thing completely eliminated. I don't care if they keep in place I can't drive past her house or can't talk to her, call her, etc. as I have absolutely no intention of doing so. But this distance thing she is always trying to set me up on and I fear criminal charges and being thrown in jail. I brought evidence that I am in no way a physical threat to this woman and that in her original complaint there was no evidence she had to support any physical threat from me, no evidence of any harassment from me that involved me being physically close to her at all.
Well, this time around she shows up in court with a family services victims' advocate. Don't know what that's all about, but judge seemed to understand why this rep was there, nodded to the rep and said hello. Rep didn't speak, just stood beside this woman.
I make my case and then judge turns to let her speak. She turns on the tears. Oh my gosh. She goes through a laundry list of activities in her daily life that she has had to give up because she might encounter me (it's almost as if SHE were the one with the P.O/fear of false arrest against her!) She cries and cries, even saying a friend has a car just like mine that scares her every time she sees it drive past her house. The police report from when she turned me in for the accidental traffic encounter reports she was crying then, too--(for what? What does she expect I'd do to her if I got within 100-50 feet of her? I dunno)
And... I see the judge tearing up as well. I figure my case is sunk right then and there.
I get a chance to speak after her and I logically think the only thing I have to say is, I don't see what that has to do with whether I am a physical threat to her. (In my opinion her testimony didn't answer that question only was a big blubbery distraction --I did NOT say THAT in court) But I am a stoic woman, I can't turn on the fake waterworks--so maybe I look callous?
Because frankly she was doing all this pulling out of things when I was probably miles and miles away from her so limiting me to 50 feet isn't stopping her from changing her life and crying. It's a total non sequitur. Seeing as how I have only seen her once at a distance in a parking lot since we last were in court. (And yes, she brought that up in court, but said she saw me turn and walk away and that she felt that encounter was no problem--showing off to the judge that she's not trying anymore to manipulate his order... and yet am I the only one who sees that as she described that ACTUAL encounter she was dry eyed but all her other unrelated explanations were in tears?)
Is the judge somehow viewing this as I've made her cry and so I'm guilty of being a physical threat? This woman outweighs me by about 30 lbs although I am taller by a few inches. I am slightly built, she is padded but not fat. This is NOT some case where she's ever even claimed I punched her, shoved her, never said I gave her the finger, never said I verbally threatened her. And of course I've done none of that.
The judge then decides not to change the order at all and still no one answered how on earth I am a physical threat to this woman.
WHY on earth did this happen? And how might I get judge to lift this physical distance part of the P.O. (refer to my other postings, I never appealed since a lawyer told me it's costs $2500. Here I consulted with a lawyer who pretty much told me to do what I did--file a motion for modification on reason of no evidence of physical threat--but didn't actually represent me in court.)
|