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I live in Wisconsin and was granted an injunction (restraining order) against an attorney. I am not an attorney, nor can I afford one. I received a letter, from the Family Court Commisioner stating that the defendant violated SCR 3:5 and SCR 3:3 with a letter received from the defendant, to a judge. I have a sworn affidavit from the sheriff for service of the court papers to the defendant. She denies service. However, she contacted the judge a day before the court date and said she found out about the court proceedings on wisconsin ccap online and that she would not be attending the hearing. We were granted the injunction.
The defendant, an attorney, and her attorney have filed a motion for a hearing de novo. The sheriff who served the papers, accidentally wrote down the incorrect address for the defendant, but he is familiar with the defendant and swears he served her.
I have 2 questions: How can they remove a previous court order and make it start all over? Can we oppose it?

2007-02-26 04:18:01 · 3 answers · asked by kaydee 2 in Politics & Government Law & Ethics

This attorney (the defendant) started this whole ordeal with theft of services from my husband, a contractor. They received no pay for 2 weeks of completed work. We are not the only contractor who was robbed, 3 others are currently listed as having won money judgements. She also uses many alias names. She also spewed lies like violent diarreha, about my husband, in her letter to the judge. Due to her non-payment for services, we are broke. The day after refusing to pay, they (the attorney and her 6'7" husband) came to our home uninvited. They accused my husband of stealing tools and scaffolding (we have all receipts) and broke my husbands arm when he refused to give them his tools. Hence the reason for the restraining order and the reason we are broke. Not only did he lose 2 weeks pay for himself & 4 crew members. He has lost work since, due to his fractured arm. 2 days after his arm was fractured, both of our vehicles oddly "died overnight" and are in need of extensive repairs.

2007-02-26 04:59:49 · update #1

Anyone can say "go get an attorney" that's an easy answer unless you cannot afford one.
We CANNOT afford one.
So what CAN we do?

2007-02-26 05:09:01 · update #2

3 answers

They can remove a previous court order. That's what they are trying to do, a trial "de novo" means that it starts all over as if nothing had been done previously. The basis for this is that they claim that there was a failure to properly notify them. Our entire system is supposed to be "fair" in that everyone has an opportunity to respond to claims and charges, and their claim of not being notified means the trial (in their absence) was fundamentally unfair.

Yes, you can oppose it. From your facts, they filed a Motion, and you can file a Brief in Opposition of Motion for Trial De Novo, and include a sworn statement from the Sherrif that says "on such-and-such date, I personally handed the papers to the Defendant."

Time to go get you a lawyer on your side. There seems to be two on the other side.

2007-02-26 04:25:47 · answer #1 · answered by open4one 7 · 0 0

It is not uncommon that courts grant a rehearing, particularly if the original order was entered ex-parte (in this case, w/o the opposing party present). You have the right to appear and argue that the original decision was correct and should not be overturned.

2007-02-26 04:23:46 · answer #2 · answered by Anonymous · 0 0

you need an attorney, go get one

2007-02-26 04:22:16 · answer #3 · answered by Anonymous · 0 0

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