01132009 - Amended Provisional Order - Magistrate James Johnson -- Porter County Indiana -- Cause No. 64D01-0708-DR-7804

In this order, Johnson was removing me from the marital home and turning it over to my ex-husband - although I had a protective order against my ex, which was valid until the final property settlement order / distribution. The protective order allowed me to reside in the marital until distribution of the property settlement. Additionally, my ex was currently facing criminal charges for violating the PPO / threatening to kill me. This order more or less was: get rid of the victim, get rid of the criminal charges.


In this order - which overrode the PPO -  I was given only $3,000 to relocate. My ex was court ordered to pay me $400 a week in maintenance, but Johnson did not do a wage garnishment. My ex did not pay me maintenance between January 2009 and October 2010. Johnson repeatedly refused to hold my ex in contempt of this order - which was also a violation of the PPO.

Johnson did not freeze any of the marital assets, which were solely in my ex's name. There would be nothing preventing my ex from selling the marital home from under me or putting marital assets in one of his family member's names.

In Paragraph #5, Johnson penalized me the $10,000 I used to pay household bills and expenses that my ex was in contempt of.  The receipts for those bills were in the contempt filings. Attorney Shaw also had copies of all the bills I had paid. Johnson refused to hear my contempt filings at the November 24th hearing.

In Paragraph #7, Johnson extended the timeline again for Attorney Shaw and my ex to produce financial declaration forms in complaince with Rule 2100, instead of holding them in contempt of the September order.  Attorney Shaw and my ex would also ignore this order. They did not produce my ex's financial declaration forms until May 4th. 

The paperwork that Johnson referred to in paragraph #8 were complaints that I filed with Judge Bradford, regarding Johnson's mishandling of my case [failure to protect; etc.]

I showed Attorney John Rhame this court order. He could not understand the rationale behind Johnson's ruling. Rhame represented me after this ruling. I did not move out of the marital home. However, Attorney Shaw would attempt to use every hearing thereafter to have Johnson throw me out on the street.

At the time that Magistrate Johnson was bending over backwards to appease Attorney Shaw and my ex, there was yet another arrest warrant out for my ex for his failure to appear at a January 7th hearing in the criminal case for his threat to kill me.







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