Fraudulent consent order


#1

In a domestic dispute, I signed a consent order written by the other attorney, read and discussed with my attorney. I signed it. It was handed to the judge but at the last minute her attorney asked to see it, stood at her desk and added another clause to the bottom. We were all standing in our respective places but I did not know at the time she had retrieved the order from the judge, I did not know what she was writing or what she was writing on. She finished in a few seconds handed the form to my attorney who handed it to me. I looked at it but was not aware that anything had been added. I remember thinking why am I being shown this again, I already signed it. I didn’t ask, I didn’t know TO ask, the judge read our the warnings, etc. the consent was ordered. It was not until I got home did I become aware of the added part. In other words, after I signed the order, something was added that was not explained to me it was added, I had no knowledge that it was added and I do not agree with it.

I have emailed my attorney twice with no response. I am fed up with the whole thing…falsely accused, a ten day hearing took 14 months and actually I am thousands of dollars in debt and. because of the added clause, in worse shape than I was the before the alleged DV charge. My attorney is not going to resume the battle for me.
The clause that was added was one that restricts me from writing about this incident, the lose of my children, the parental alienation tactics of the X and the court’s complete refusal to honor my rights to be vindicated. I started a blog that highlights the abuse I have endured by her with this false accusation and the slow demise of my once healthy relationship with my girls.

Question: How does one protest a consent order? What is the punishment should I violate the consent order to bring it back before a judge? I am protected by the 1st Amendment but I have seen first hand how the court system turns a blind eye to the statue if it serves their purpose.


#2

If you signed the Consent Order, you are presumed to have read and agreed with it, and it sounds there was a clear attempt to show you the provision that was added and that you read and understood the same.
You may consider filing a motion for relief from judgment based on fraud/error. You can read more about this under Rule 60 of the North Carolina Rules of Civil Procedure.

If the Order is found to be proper, it will be enforced and a violation of the same would render you in contempt of court.