Psych evaluations


#1

I’ve already asked her about the one that I am ordered to take and how the opposing attorney has refused to get me a copy of the order, so that I CAN get it done. (What do judges make of that, btw? Just curious if the judges use any personal judgment during these hideous trials?)

At the temp hearing, for what I was just not prepared, he was granted his motion for an evaluation on me, nad the judge told me that if I could give her a good reason, she would order one for him at the PERMANENT hearing in September.

So I’ve got two questions:

  1. Wouldn’t this postpone the end results, thereby making it somewhat “easier” on him by getting that much further into the school year?

  2. Should I make a formal, written motion for an evaluation on him, rather than just take the judge’s word for it that if I can show her a reason, etc, she’ll order one on him too? Something like the one they made out a motion in writing for with me?

The man is violent. I countless emails showing how erratic he is, how he uses my kids as pawns, and I’ve got that tape that I’ve been asking you about in other threads. I want this judge to hear this tape, be horrified like any decent human being would be, and to order him to put himself through the agony and fear of a psychological evaluation.

BTW, thank you for all the answers you have provided so far.


#2

The judge will likely have you obtain your own copy of the Order from the court file. You can do this by asking the clerk for a copy.

Ordering an eval at the permanent hearing would not necessarily delay the outcome, as the schedule the judge orders would only change if your ex’s eval turns out to show that he is a danger to your child.

You should make a formal written motion for the eval and include your reasons for the request in the motion.


#3

I’ve already gotten in touch with the judge’s clerk, who put me on the calendar for an Entry of Order. I’m wondering a few things about this:

  1. What do judges make of attorneys who refuse to write up the temp orders, as told by the judge? If judges are so bogged down in cases, does it annoy them or show the character of the attorney at all that he would force me to go back to court one more time just to get a copy of the order? I asked this man again and again and again to get me the copies of the orders and he just ignored me. Well, no, he argued with me about teh findings of fact–my ex has an assault conviction, and this attorney was trying to write the first draft, the custody temp order, saying that my ex’s charges were dismissed (That was an entirely different incident.) After arguing with him about this, I finally just gave up. But I did continue to email him, many times, asking for him to do what the judge told him to do at that hearing within ten days: write up the order and get me a copy. He’s never done that. Also, at the Entry of Order motion, will that attorney AGAIN be given ten days to get those orders to me so that I can finally get a copy of it and get the evaluation done? (I have to have a copy of it in order to get the evaluation done).

  2. I now know I can write a letter to the judge. Should I let her know via email copies, that this attorney is trying to change the findings of fact? The judge clearly said, “Plaintiff [my ex] has a conviction for domestic violence.” The attorney tried to change that, as well as few other things. I want these orders to reflect what the judge really did say, what the truth is, and that includes that he’s got a DV assault conviction. And I want this judge to know that this attorney tried to change her own words, her findings of fact.

  3. My ex has been dx’d as bipolar and has an explosive, frightening temper (which that tape recording will prove, IF I can get it entered as evidence), and is an inveterate liar. Are those decent enough reasons to make a formal request for an evaluation?


#4

If the attorney did not draft the order as required the judge will make certain it is done within a time period the judge specifies, it could be 10 days, it could be less.

If your write the judge, do so via letter, and send a copy to the other attorney. You may include copies of your emails to the attorney.

Only the judge can determine if she believe a psyc eval is warranted in this case.