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Video instructions and help with filling out and completing How to get custody of a child from an unfit mother
Hi it's Wendy Hernandez attorney and creator of command the courtroom in today's video I want to talk with you about abuse of process and give you an example of what an abuse of process is so you don't do it in your case so I represent a father and he and mothers share three children in common several months ago mother the an order protection against father and when she went to get the order of protection or the restraining order the judge declined to put the three children on the order of protection although he did grant mother the order protection restraining father from having contact with her so my client said hey you know these allegations aren't valid allegations and I want to contest the order protection he and I requested a hearing on that order of protection and we actually prevailed so the order of protection was dismissed well it came as a shock to me and my client when he was served very shortly thereafter and we're talking within a month or so with another order of protection and the second order of protection was based on the exact same allegations that the mother had put in the first order of protection as a matter of fact in that second order of protection the mother went to another court wrote down the same facts as she had put in the first order of protection and got that second order protection within an hour of the first order of protection being dismissed and chances are because the order protection in the first case had just been dismissed it wasn't in the court system so that second judge didn't know about it the mother failed to inform the second judge about the fact that she had just been in court on an order protection alleging the same facts and so she got that second order protection well this was pretty upsetting to my client and it was upsetting to me because this is what you call an abuse of process mother is abusing the process she's trying to gain an advantage by abusing the process he's trying to go to different judges and get the result that she wants although one judge has already ruled on the issue so essentially my clients and I of course requested a hearing on that second of order order protection and it was dismissed in the meantime though we had gone to the judge who's handling the family court matter and the judge she's handling the family case is different than the judge who handles the order protection that's the way they work it in Maricopa County Arizona well the judge handling the family court matter was very upset at mother he said you know what father and his attorney are saying is true then I'm an award attorneys fees to them for having to go to court and file or fight this frivolous order of protection so at this.