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) ss:





Re s'pondent.

REPORT OF PROCEEDINGS had at the hearing

in the above-entitled cause, before the HONORABLE

MOHAMMED GHOUSE, Judge of said court, on the 14th day

of May, 2018.


appeared pro se.


23 Jelena Rogic, CSR No. 084-004647

Official Court Reporter

1 THE CLERK: Mother vs. Father.

2 THE COURT: Your name, ma'am.


4 THE COURT: Can you raise your right hand please to

5 be sworn?

6 (Petitioner sworn.)

7 (Petitioner sworn to petition.)


9 called as a witnes� on her own behalf, having been

10 first duly sworn, was examined and testified as

11 follows:



14 Q. All right. Who is Father to you?

15 A. We were currently in a relationship, your

16 Honor, for ten years until yesterday.

17 Q. You have children together?

18 A. One daughter.

19 Q. And are there any charges or any cases pending

20 in any courtroom in this country between you and

21 Mr. XXXXXX?

22 A. No.
23 Q. There's no domestic violence court cases

24 pending?

1 that person still comes around and drives by my house,

2 when they don't know where I'm at, and then they

3 contact me, but they shouldn't because of they '.re being

4 blocked and they still continue somehow to find a way

5 to do that, then that's reason for concern. And then

6 maybe you file for an emergency order of protection.

7 That's the way I would see it. So when you

8 ask me what I would do? This is what I would do.

9 Okay. So I asking you, when you say yes, when

10 someone wield a knife and -- when they've wield a knife

11 and you've testified under oath that they weren't

12 threatening you when they wielded that knife, they

13 didn't say they were going to kill you or anything,

14 because that would be a threat, but you indicated to

15 the Court that that was not said to you -- okay -- so

16 yes -- so my answer to you would be yes, that would be

17 a threat.

18 What I would do is what I just explained to

19 you what I would do. So to answer your question,

20 Miss XXXXXX, that's what I would do.

A. Okay, your Honor.

Q. So I'm asking you -- see, you know what I'll

do is I will pass your case and let you gather your

thoughts. Here's what I need you to explain to me

1 on ?n emergency basis. I'm certainly willing to do

2 that, but there has to be the emergency basis in order

3 for me to do that. Do you understand that?

4 A. I understand, your Honor.

5 Q. So do you want to take a few minute and think

6 about it, and then just let me know what those are and

7 then I will make a determination whether they exist or

8 not? Would you like -- would you do that for me?

9 A. Sure.

10 THE COURT: Okay. Thank you.

11 Court will be in a five minute recess.

12 (Whereupon, a recess was had.)


14 Q. Miss XXXXXX, can you explain to me what --

15 what I've asked you needs to be shown in order to get

16 an order of protection on an emergency basis?

17 A. Sure, your Honor. Yesterday, when he in

18 the ten years we have been together, he has never acted

19 violent. He's a nice person. Yesterday, like I said,

20 when he picked up the knife, my oldest daughter and my

21 mom were in the kitchen with me. My oldest daughter,

22 she started crying. She ran to my mom. We started

crying. We -- he picked up the knife. We don't know

why. What for? You know, to hurt them? To hurt him?

Q. Well, I mean, you're going to have to start

2 looking for another place; you understand that?

3 A. I understand, your Honor.

4 Q. Because even if I was to issue this, where I

5 grant you exclusive possession on an emergency basis,

6 in 21 days, if you come back here and ask for it to

7 extended it, I'm probably going to deny that. Because

s three weeks is more than enough for you know to know

9 that if I do this, it's on a temporary basis. That you

10 need to find another place for your kids to live.

11 Okay. Do you understand that?

12 A. Your Honor, trust me, I don't want -­

13 Q. But I'm just --

14 A. I understand. I understand, your Honor.

15 Q. Okay. Now, we are getting into another issue.

16 I'm looking at your petition here. Your daughter is --

17 is it XXXXXX (phonetic)?
18 A. Yes, my oldest.
19 Q. She's 20; is that right?
20 A. Yes, your Honor.
21 Q. In order for an adult, is she -- is she --
22 she's an adult; right?
23 A. Correct, your Honor.
Q. Is she -- she doesn't have any special needs

or anything of that nature?

2 A. No, your Honor.

3 Q. Okay. In order for someone who is an adult to

4 have to be placed on an order of protection, they

5 need to file a petition on their own.

6 A. Okay.

7 Q. So children who are under your care, under the

a age of 18, they can certainly be protected as children

9 of yours. But an adult needs to come on their own to

10 file it.

11 A. I didn't know, your Honor.

12 Q. That's okay. So I'm just -- I mean, if I

13 grant this, it will it will be -- it will exclude

14 her from this. But if she knows when she's with you,

15 you know, it shouldn't matter; right?

6 A. Correct, your Honor.

17 Q. But I'm just -- from my procedural

8 prospective.
19 All right. Based on what I have heard, after

0 reviewing the relevant statutory factors. I find that

Mr. XXXXX is --based on your testimony, I find that

Mr. XXXXX' conduct has been --in light of

especially yesterday while wielding a knife, and saying

that he's done with all this, police being called,

1 ambulance being called, this -- him indicating that

2 he's done with this certainly the logical conclusion

3 could mean either he is thinking of consider

4 committing great bodily harm to someone else or to

5 himself. And there's a strong likelihood that that

6 could be the situation.

7 He came back here this morning or came back

8 to the residence in the morning, indicated that she can

9 leave if she wants. And that is indicative of. him

10 still having some sort of bitterness, which could then

11 arise to the level of where he wields a knife in that

12 home and the people that are living there, the minors

13 and Miss XXXXXX, who is before this Court has testified

to that effect.

15 The Court finds that there is the cause to

16 believe that irreparable harm maybe committed if this

emergency order of protection doesn't issue. I believe

18 that the request �- the relief is necessary to protect

the petitioner and the other minors alleged that could

cause -- to grant the remedy is needed or to prevent

the likelihood of further harm. So based on that, the

emergency order of protection will be granted.

Exclusive possession -- I'm going to put in

here exclusive possession for only 21 days. Only 21

days based on testimony. Petitioner will have another

2 place to reside with children; is that right?

A. Correct, your Honor.


4 Q. Okay. So the order of protection itself,

5 the your oldest daughter's name will be removed as a

6 protected party, because again, her being an -- over

7 the age of 18. If she needs protection, she needs to

8 file a petition for herself.

9 You'll be back here on June 4th at 9:00

10 o'clock. That's when this will terminate. Okay?

11 A. Okay, your Honor.

12 Q. Where does he work?

13 A. He was currently working for XXXX-XXXX-XXXX

14 in XXXXXXXX. He just recently started another job. I

15 don't know the name of it. It's somewhere in XXXXXXX

16 XXXX.
17 Q. Okay. Well, like I said, Miss XXXXXX, I've

18 indicated to you that the -- you know, the Court has to

9 weigh the you know, removing someone from their own
20 home versus -- you know, that hardship versus the harm
1 that is equated with what's going on here. Okay. I

22 believe that that is necessary and that's why I'm giving

23 you the exclusive possession, but make sure you
understand that's only for the 21 days.

1 A. I understand.

2 Q. If Mr. XXXXX comes in here and says, I can't work.

3 I can't do this, I can't be - - that's the· hardship

4 that's going to weigh heavily on me in light of the fact

5 that I gave you three weeks to find another

6 place to live. Do you understand?

7 A. I understand your, Honor.

8 Q. Okay. Good luck to you. Make sure you call

9 the police if you have any issues.

10 A. Thank you, your Honor.

11 THE COURT: Have a seat.

12 (Which were all the proceedings had

13 in the above-entitled cause.)