Is it... is it Friday yet?! in Book Five: Working Through the Maze 2018
- Oct. 2, 2018, 6:29 p.m.
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- Public
Exhausting day. Just what I needed after my long ass Juvenile Court day yesterday.
Today was all about
(1) Hearings for Trials and Setting Up Jury Trials and Prosecuting Things Too Serious For Magistrate Court But Not Serious Enough For District Court.
(2) Filing all the motions in response to the hearings after the hearings have been conducted
(3) Phone Calls and E-Mails from everyone from “compassionate co-counsel” to “crazed cunts”
(4) Day 1 of my 40 hours (2 days, but I intend to sleep) of Jury Trial Prep for a case that goes on Thursday. Fun thing about Jury Cases… you can never over prepare. Because you might have (I kid you not) a screenshot of the defendant specifically saying “Okay, so I did that and it was wrong.” but if one jurist… just ONE jurist spends the trial thinking “Wow, no wonder he got such a hot girlfriend to abuse. He is SO sexy!” then we lose.
(5) Also, I had to write a letter to my loan officer to explain why… in my 4 years since law school ended… I was out of a job between April and July.
(6) Oh yeah… and Homeowner notified us that the toilet broke. But, as they are still living there, that is something he’s going to go ahead and fix. You’re damned right you are, p’tak.
So that’s my day. I would have far preferred to write more or read more (obviously) but sometimes I really do need to pull my own weight.
But to prevent this from being BORING, I guess.... weirdest part of today:
Domestic Abuse Case: No Contact Order is sent out. Victim notifies the court that she will be living in the home and Defendant will be living at the Farmhouse just outside of town. Sounds good, that’s what we’ll put on the No Contact Order.
TODAY… Defendant files with the court “Victim has defrauded this court in an effort to defraud me. The house is in my name and I will be living in it. She is to remove herself and her belongings and is allowed to live in any property that I do not own.”
To which I’m thinking… goody, I get to re-litigate shit from the 1970s! This was set for hearing. Victim calls clucking like a chicken about how she has no place to live etcetera etcetera. Well, actually, you do. Just… that might change AT hearing. But for now, shut up and enjoy your home. The 1970s issue is… and this is true, look it up… in the 1950s and 1960s a woman was not allowed to have a line of credit without a husband co-signator or other mitigating circumstances. Yes, this is something the GOP fought to preserve into the modern world and failed. However… there was still a decade where women were “behaving the way they were taught” so that all property legally belonged to the husband. Well, if she files a criminal action against him for abuse… he can kick her out of the home for HIS wrongdoing. Typically, we see that as a shitty thing to do. Therefore, in most modern trials… after the No Contact Order is issued we explain to the Defendant, “Do you have someplace else to go? A friend you can stay with or something?” GRANTED… I often hear the argument, “But that’s my house. Why can’t I stay in my house?” but… it is a piss poor argument, mate. In order for the Domestic to have occurred, that is a house you live in with the Protected Party. So that is where you and the protected party live. You are the “bad actor” in the alleged events and she is the “victim”; therefore, we are not going to force her into homelessness, even if only temporary, because of your actions. Alternately, if you are telling us that you WILL go back to your place and will NOT abide by the Protection Order, we can simply hold you in jail and provide a place to sleep and 3 meals a day. The State cannot offer that same courtesy to your victim, thus why we do things this way.”
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