Legal Question in Family Law in Indiana
A few years ago, a judge who was previously on the bench repeatedly granted protective order after protective order against me due to things my ex had made up to avoid letting me see my son or know him. Each time we went to court she voluntarily dropped the protective orders. Which to most people would seem very fishy, but obviously not to him. We went in front of him the last time and he determined that there needed to be supervised visitation and that I had to drive 4 hours to be watched by my ex while I spent time with him. Because of more blatant lies she had told. While I consider listening to hearsay blatantly illegal, apparently the judge at the time was ok with it. I did not have enough money to appeal the finding or I would have, for the simple fact that there were no facts to warrant granting supervised visitation. Needless to say, feeling completely defeated and belittled as a person and being cash poor at the time, I decided that I would give it a few years for my son to get a little older so he could make a more mature decision on what he saw and heard when he was around me. Since the last time we went to court, the previous judge has retired. Is there any way that the current judge would be willing to retry our case or if they even could? If so, I'm seriously considering going back to court to plead my case to the new judge and considering the line of work I'm in and the amount of scrutiny I'm under through background checks, psychological testing, etc. it's obvious I'm not the person she claims I am. I just want to know if the new judge can retry the case or if we have to abide by the old order? Thank you for your help.
1 Answer from Attorneys
You can ask the judge to modify the previous order based on changes in circumstances since the last hearing. An attorney in your community can give you the best advice after hearing all the details of the case.