Ron C. # 11

[Shaymus at The Rock]

2006-03-02036.NOTICE OF HEARING-SET FOR 04/06/06 @ 3:00 2006-03-09037.EMERGENCY MOTION FOR RETURN OF CHILDREN - PETITIONER 2006-03-15038.NOTICE OF HEARING - HRG SET FOR 03/21/06 @ 10:30 2006-03-16039.SUBPOENA FOR HEARING - HRG SET FOR 03/21/06 @ 10:30 2006-03-16 SUBPOENA FOR: MICHAEL S WORD C/O WALMART DISTRIBUTION 2006-03-16 CENTER 2006-03-20040.NOTICE OF FILING TEMPORARY INJUNCTION FOR 2006-03-20 PROTECTION AGAINST DOMESTIC VIOLENCE WITH MINOR 2006-03-20 CHILDREN 2006-03-21041.FAMILY COURT MINUTES 2006-03-22042.ORDER ON EMERGENCY MOTION FOR RETURN OF CHILDREN 2006-03-22043.NOTICE OF FILING TEMPORARY INJUNCTION FOR 2006-03-22 PROTECTION AGAINST DOMESTIC VIOLENCE WITH MINOR 2006-03-22 CHILDREN
I don't know if busy has anymore than what is here since she has the court papers.

BBM

Where did you pull this from, Cajun ? What county ?

BTW - What does Walmart have to do with it ?

TIA

 

[cajun]

The one on Baker County's site is from March 06

Document Type: (ORD) ORDER Modified Date: 3/23/2006 4:07:24 PM Record Date : 3/23/2006 3:28:29 PM Event Date : Not Available Grantor: SHEFFIED CRYSTAL D (3/23/2006 4:07:24 PM)
Grantee: CUMMINGS RONALD L (3/23/2006 4:07:24 PM)
Book Type: OR Book / Page: 0 / 0 # of Pages: 1 Consideration: 0.00 Legal Legal: Address: Case Number: 02-2006-DR-115 __________________

 

[cajun]

BBM

Where did you pull this from, Cajun ? What county ?

BTW - What does Walmart have to do with it ?

TIA

Putman in their Civil records

 

[stilettos]

Putman in their Civil records

Anybody know why Walmart is in it? Is that GGM's slip and fall suit? Mixed with a TRO? I am confusilated...:crazy:

 

[cajun]

Anybody know why Walmart is in it? Is that GGM's slip and fall suit? Mixed with a TRO? I am confusilated...:crazy:

He was living with Crystal at the time.

 

[impatientredhead]

BBM

Where did you pull this from, Cajun ? What county ?

BTW - What does Walmart have to do with it ?

TIA

Perhaps that is where the incident she is asking for protection from occured and they are supplying the subpoena so the corporation can provide the security tapes. Just a guess based on the dates.

 

[bunnyphoenix1]

Temporary restraining orders are not always granted. There is a review of the request for the order by a judge. If he or she finds it without merit, it is not granted. If they find the petitioner a reliable witness or there is additional witness or other evidence...it is granted. Many women dismiss the order of protection.

Where I come from, witnesses are rarely called on TROs....they are granted as an emergency protection measure, until a Hearing can be held to determine whether an Restraining Order ought to be given (that is when the evidence is given). It usually just goes on the seriousness of the allegations whether or not a TRO is granted.

 

[cajun]

Perhaps that is where the incident she is asking for protection from occured and they are supplying the subpoena so the corporation can provide the security tapes. Just a guess based on the dates.

No, see above.

 

[stilettos]

Where I come from, witnesses are rarely called on TROs....they are granted as an emergency protection measure, until a Hearing can be held to determine whether an Restraining Order ought to be given (that is when the evidence is given). It usually just goes on the seriousness of the allegations whether or not a TRO is granted.

Well, my experience with TRO's comes from FL, which is where this one was granted and there are occasions where a witness to a violent act is included in statement on the TRO request...where was it you said you lived?

 

[atherella]

Temporary restraining orders are not always granted. There is a review of the request for the order by a judge. If he or she finds it without merit, it is not granted. If they find the petitioner a reliable witness or there is additional witness or other evidence...it is granted. Many women dismiss the order of protection.

Perhaps you didn't read my post carefully, stilettos. I said they are ALMOST always granted. I never say that are all granted. Judges tend to air on the side of CAUTION when they get Petition for a Restraining Order.

Judges also know a hearing will be scheduled within the next 10 days to decide whether or not a restraining order will be granted. At that time BOTH parties will have their say and the judge can decide whether a restraining order has merit.

Granted SOME are not granted at the temporary stage, but they really have to be totally without merit or not meet the conditions of the new laws (a threat or an act of violence within a certain time frame). If those conditions are met, it is NOT hard to get a TRO.

 

[stilettos]

He was living with Crystal at the time.

I think i get your meaning cajun...thanks for the info...and man, that is sad...too many people in revolving door status.

 

[stilettos]

Perhaps you didn't read my post carefully, stilettos. I said they are ALMOST always granted. I never say that are all granted. Judges tend to air on the side of CAUTION when they get Petition for a Restraining Order.

Judges also know a hearing will be scheduled within the next 10 days to decide whether or not a restraining order will be granted. At that time BOTH parties will have their say and the judge can decide whether a restraining order has merit.

Granted SOME are not granted at the temporary stage, but they really have to be totally without merit or not meet the conditions of the new laws (a threat or an act of violence within a certain time frame). If those conditions are met, it is NOT hard to get a TRO.

This statement BBM indicates that we agree...unless the request is without merit, it is granted. Therefore, the request was deemed by a Judge to be with some merit. That is what I was referring to...we have agreed once today...once day before yesterday, you and I could solve the world's problems with a few more good days.

 

[bunnyphoenix1]

Temporary restraining orders are not always granted. There is a review of the request for the order by a judge. If he or she finds it without merit, it is not granted. If they find the petitioner a reliable witness or there is additional witness or other evidence...it is granted. Many women dismiss the order of protection.

Well, my experience with TRO's comes from FL, which is where this one was granted and there are occasions where a witness to a violent act is included in statement on the TRO request...where was it you said you lived?

I was referring to your statement about finding the petitioner a reliable witness...as I said, where I come from the petitioner would not be examined or cross examined until the Hearing....all the magistate would have in front of them is paperwork. Whether or not the petitioner is a reliable witness would be determined when they gave evidence, not just based on the paper.

I am not from Florida, but I think if you check your laws, you will find a provision with a "test" as to what findings need to be made to grant an interim injunction/restraining order and they are not as stringent as what you require to get a permanent one. Given you are from Fla and familiar with these things (do you have a lot of experience with them?), I assume you already know that.

 

[bunnyphoenix1]

You will be provided a reasonably private place to complete your petition for restraining order. Once you have completed the required paperwork, your case will be submitted to the judge.

Please be advised that your paperwork must be completed and filed with the Clerk no later than 4 p.m. for the Court to consider your request the same day. If you file your request for injunction after 4 p.m., the Court will consider it the next business day.

If the judge grants your request, you will have a temporary restraining order. This will only be in effect until a full hearing can be held. You will receive a copy of the temporary order which will have the hearing date and time on it. You must be present at the hearing if you wish to continue the restraining order. Failure to appear may result in the restraining order being dismissed and you may be ordered to pay the costs involved. You should keep at least one certified copy of the restraining order with you at all times.

The person(s) you filed the restraining order against will be served a copy of the restraining order by the sheriff’s department. He/she also has the right to be present at the hearing.

At the hearing, the judge will hear testimony from both parties, and may decide to continue the restraining order, or dismiss it.
http://clerkofcourts.co.walton.fl.us/default.aspx?id=17

 

[stilettos]

I was referring to your statement about finding the petitioner a reliable witness...as I said, where I come from the petitioner would not be examined or cross examined until the Hearing....all the magistate would have in front of them is paperwork. Whether or not the petitioner is a reliable witness would be determined when they gave evidence, not just based on the paper.

I am not from Florida, but I think if you check your laws, you will find a provision with a "test" as to what findings need to be made to grant an interim injunction/restraining order and they are not as stringent as what you require to get a permanent one. Given you are from Fla and familiar with these things (do you have a lot of experience with them?), I assume you already know that.

I stand behind my statement that the Judge reviews the witness/petitioner statement...the statement is often in writing...if you read the paperwork you would see it referred to as one. Often there can be additional witnesses to the violence and those "statements" would be added to the paperwork and then reviewed by the Judge. Depending on where you are in FL you might wait for the review or the Judge might see you, counties where the case load is high would likely be those in which you would wait without seeing the Judge.

 

[Shelby77]

The judge may have granted the TRO, but the emergency pick-up order was denied. Does that mean there was no merit to the pick-up order?

 

[bunnyphoenix1]

I stand behind my statement that the Judge reviews the witness/petitioner statement...the statement is often in writing...if you read the paperwork you would see it referred to as one. Often there can be additional witnesses to the violence and those "statements" would be added to the paperwork and then reviewed by the Judge. Depending on where you are in FL you might wait for the review or the Judge might see you.

LOL....you can't determine the reliability of a witness by reading their statement! Though it seems like many of you here think you can do that (example, the Croslin neighbor). That's why they have Hearings and things like cross examination. The real truth usually comes out under cross examination!

 

[stilettos]

LOL....you can't determine the reliability of a witness by reading their statement! That's why they have Hearings and things like cross examination.

Well, buuny..obviously the Judges that do so feel that they have enough with the witness statement to issue the TRO. You should question them about their ability to review it that way...not a civilian. If you do not like the way that the law works here in the States, if you are a citizen you can work to change the system.

 

[bunnyphoenix1]

Well, buuny..obviously the Judges that do so feel that they have enough with the witness statement to issue the TRO. You should question them about their ability to review it that way...not a civilian. If you do not like the way that the law works here in the States, if you are a citizen you can work to change the system.

I don't know that you understand what a TRO is...it is merely a temporary protection measure which lasts until the Hearing can be held. I never said I didn't like the way your law worked in relation to TROs....it basically works the same way as it does where I live and I think for the most part, it is fairly effective. It ensures a person is granted protection until such time as the merits of their case can be decided.

 

[stilettos]

LOL....you can't determine the reliability of a witness by reading their statement! Though it seems like many of you here think you can do that (example, the Croslin neighbor). That's why they have Hearings and things like cross examination. The real truth usually comes out under cross examination!

Yes, and some criminals are set free, and some innocent are convicted. Sociopaths can lie convincingly. Cross examination is not a fool proof test of veracity. Many LE officers review a witness statement, which is in writing quite often as they investigate cases. Judges and attorney's review statements and trial transcripts in writing quite often and form opinions on witnesses.