I need help

[Molly S]

Jurisdiction

Arkansas

I emailed my attorney my statement for protection orders in Arkansas (feb 2016). I went to office to sign the affidavit, but only the signature sheet was available. I was told that my emailed statement would go with it. The attorney modified my statement and submitted it court for signature. I was awarded ex-parte protection orders. Attorney changed the dates so the most serious abuse was the current, and also changed facts. She claimed she would tell court that it was clerical errors. I never had to testify but peoples lives were hurt by this. My emailed statement was true and factual. What are the ramifications for me in reporting? I have filed grievance to state bar. What else can I do to make this right?

 

[leslie82]

I emailed my attorney my statement for protection orders in Arkansas (feb 2016). I went to office to sign the affidavit, but only the signature sheet was available. I was told that my emailed statement would go with it. The attorney modified my statement and submitted it court for signature. I was awarded ex-parte protection orders. Attorney changed the dates so the most serious abuse was the current, and also changed facts. She claimed she would tell court that it was clerical errors. I never had to testify but peoples lives were hurt by this. My emailed statement was true and factual. What are the ramifications for me in reporting? I have filed grievance to state bar. What else can I do to make this right?

So you're saying that your attorney modified your statement and never let you see it? And you signed it without reading it before you signed it?

Were you abused? I'm kind of confused what actually happened here. When I filed for a protection order I did it that day at the courthouse, saw a judge, got the temporary order and in two weeks had a hearing for a final order. Another time I did one in another state a Family Advocacy counselor took the paperwork to the courthouse for me and it got issued that day, no final hearing. That one just never got served so I asked for it to be dropped at the divorce hearing. I never had to go back in later and sign anything.

 

[molly s]

So you're saying that your attorney modified your statement and never let you see it? And you signed it without reading it before you signed it?

Were you abused? I'm kind of confused what actually happened here. When I filed for a protection order I did it that day at the courthouse, saw a judge, got the temporary order and in two weeks had a hearing for a final order. Another time I did one in another state a Family Advocacy counselor took the paperwork to the courthouse for me and it got issued that day, no final hearing. That one just never got served so I asked for it to be dropped at the divorce hearing. I never had to go back in later and sign anything.

My attorney modified my statement, had me come to office to sign what I thought was my statement but when I arrived, I was told then that it wasn't ready yet so staff had me sign a blank affidavit sheet and they said my emailed statement would go with it . The attorney then took the packet to court to be signed by the Judge. I went to the office to pick up my copies and I immediately noticed the mistakes to the statement. Yes, both me and my children were abused. I did not go through Domestic Violence for the protection orders, I hired an attorney.

 

[leslie82]

My attorney modified my statement, had me come to office to sign what I thought was my statement but when I arrived, I was told then that it wasn't ready yet so staff had me sign a blank affidavit sheet and they said my emailed statement would go with it . The attorney then took the packet to court to be signed by the Judge. I went to the office to pick up my copies and I immediately noticed the mistakes to the statement. Yes, both me and my children were abused. I did not go through Domestic Violence for the protection orders, I hired an attorney.

That just sounds weird. The first time I did it myself. No lawyer or no counselor. I signed everything that day. So it's just odd. Different states I guess...

Hindsight never sign anything if you can't read it first. I have learned that after 13 years of military service. Never, ever sign anything legal without reading it through.

 

[molly s]

As weird as it sounds - it happened, and I need advice on what I can do now. My statement should have been enough and if it wasn't enough, I shouldn't have received the orders. I had years of documented abuse.

 

[leslie82]

As weird as it sounds - it happened, and I need advice on what I can do now. My statement should have been enough and if it wasn't enough, I shouldn't have received the orders. I had years of documented abuse.

If you think that your lawyer violated some law or falsified your statement go back and report it. You already filed a grievance. If that protection order is entirely falsified then you need to go back to court about it and probably with a different lawyer.

Did the wrong person get accused? I don't understand why your lawyer would just re-write your entire statement on your protection order if you have evidence of abuse. This is really confusing. Maybe someone else will chime in with more experience. But I have never seen something like this.

 

[molly s]

If you think that your lawyer violated some law or falsified your statement go back and report it. You already filed a grievance. If that protection order is entirely falsified then you need to go back to court about it and probably with a different lawyer.

Did the wrong person get accused? I don't understand why your lawyer would just re-write your entire statement on your protection order if you have evidence of abuse. This is really confusing. Maybe someone else will chime in with more experience. But I have never seen something like this.

No, attorney didn't rewrite entire order. Attorney changed the dates to make the more serious abuse the more recent abuse. Attorney added details in certain dated events to make it sound more violent (it was violent enough as is) The photographs that I provided that showed abuse, were dated, and they did not match altered statement that was provided to the Judge.

 

[leslie82]

No, attorney didn't rewrite entire order. Attorney changed the dates to make the more serious abuse the more recent abuse. Attorney added details in certain dated events to make it sound more violent (it was violent enough as is) The photographs that I provided that showed abuse, were dated, and they did not match altered statement that was provided to the Judge.

So then what's the problem? Why wouldn't you start with the most recent abuse first? Was it the more recent abuse?

The judge signed off on it. If all the stuff happened I'm not sure what the issue is at all. Sorry I'm just confused.