Legal Question in Family Law in Wyoming
How to countersue and ask for order for protection, etc.
My ex husband has filed for contempt for several issues that I can easily deal with.
However, I would like to countersue and ask the judge at the hearing to issue an Order For Protection, and an Order for counseling and a drug and alcohol evaluation for my exhusband. I would also like some things changed in the Divorce Decree. I have so much evidence of his threats, that I don't think it will be hard to do. I just need to know the forms to send. Do I send a Motion To Countersue and list what I want and why?
Also he stole money from me. Can I just include what I want back on the list?
And I would like the phone records from his home in Idaho and his place of work to prove he was calling me thirty times or more a day. How do I get that?
One more thing: I have evidence that he intentionally committed perjury. What can I do?
I can't afford a lawyer. I just need to know briefly the proper legal procedure and I think I'll be okay. I would appreciate an answer soon as the hearing is in April.
1 Answer from Attorneys
Re: How to countersue and ask for order for protection, etc.
If there is a substantial change in circumstances since the divorce, you may ask the court to modify the Decree. [Motion to Modify Decree] If your ex needed counseling and was using drugs or alcohol at the time of your divorce, it is unlikely you will now be successful in asking for counseling and evaluation.
If your ex is violating the terms of the Decree, you need to move to find him in contempt. [Motion for Order to Show Cause]
If you want a protective order, you will also need to file that motion, setting forth your reasons for asking for it. [Motion for a Protective Order]
You need to request a hearing [Request for Hearing] on your motion(s) and since his hearing is already set, ask that your hearing be held at the same time.
Perjury is a criminal action, though there is only a very slim chance you could interest the prosecuting attorney to prosecute. You may be able to get that issue before the judge at your hearing, depending on how he handles the hearing. If you have witnesses, you need to be sure they get to the hearing. If your proof is on a piece of paper, you will need to prove where that piece of paper came from and may need an outside witness to do that.
You may subpoena his phone records, requesting he bring them with him to the hearing, or produce them prior to that time for your review.
If the Court will not set your hearing at the same time as his, but sets it for some later date, you may conduct further discovery by sending him Interrogatories and Requests for Production to ask that he produce the phone records and whatever else you want within the period of time allowed for that discovery (33 days).
You might also submit to him a Request for Admissions which he must answer within 33 days from the date you mail it to him. Unless you word those well, however, you will just get denials and not the proof you need.
Briefly, this is the proper legal procedure.