Motion Never Filed

This is a motion I drafted.  I provided this motion to my attorney after an additional threat was received, issued from the cell phone of my estranged husband, and threatening to blow up my house and beat my "hind end" from one pond to the other....

I had already, on April 20, provided a similar request to my attorney, based on historical issues of threats to burn the house and to kill me...

Again I had requested he submit it on 5/6/10 after I notified him of the threat made on 5/5/10....

To-date, my attorney has acted on neither of these, nor issued a SHOW CAUSE for violation of the Order (against harassment -- the mutual injunctions).  Instead, the address I was trying to protect, has been made known... I was served with SHOW CAUSE papers at that address, on June 5, 2010.

Now, I wasn't expecting the motion to be filed as I wrote it.  Of course, I expected my attorney to clean it up and present it appropriately... but I guess he felt it was just not necessary. When I contacted his office to let them know I'd been served at that address, they responded with, "he wants to meet with you in person, Friday afternoon is his earliest appointment...."  So,tomorrow, I am confident, he will explain why he is still right and I am wrong in my reading of the Code, which requires I make such a motion BEFORE I am able to withhold the address from Discovery....

VIRGINIA:  IN THE CIRCUIT COURT FOR THE COUNTY OF GLOUCESTER

X. X. XXXXX

Plaintiff,

v.                                                                                          Case No:  XXXXXXXX

X. X. XXXXX

Defendant.

MOTION FOR PROTECTIVE ORDERS:  DISCOVERY

COMES NOW Plaintiff, X. X. XXXXX, by Counsel, X.X. XXXXX, Esquire, and hereby moves for the issuance of Protective Orders pursuant to § vscr-4:1 (c) to exclude from Defendant's Discovery any disclosure of physical address and telephone number of Plaintiff's Post-Separation Residence (PSR), for reasons of personal safety and so as to prevent further annoyance by threats directed at the Plaintiff by Defendant, and whereto Plaintiff now respectfully speaks as follows:

1.  That on May 5, 2010, Plaintiff received a telephone threat which is shown to have originated from the Defendant and documented by the attached Exhibits X-X and  X-X, which same threat was designed to discourage the Plaintiff's lawful prosecution of this case, and which delivered specific threats to the Plaintiff's safety and property in direct violation of this very Court's order preventing the occurrence of same conduct.  This threat having been duly reported to the law enforcement authority on May 6, has been digitally preserved in its original content, inclusive of originator information, and is available to the Court's examination.

2.  That this Defendant has previously and severally, threatened to set fire to the so-called marital residence and to the Plaintiff herself, and which events are further summarized in attachment hereto, authored on April 20, 2010, and labeled by the Plaintiff as "X-X."  Plaintiff states that for this specific reason and as a direct result of concern for her personal safety, she has vacated the marital home and has relocated to a Post-Separation Residence which is made secure by the effect that its physical location is not known to the Defendant.

3.  That there exist numerous records and admissions showing that this Defendant has willfully and maliciously propelled against the Plaintiff a campaign of serial domestic violence and threats committed within this jurisdiction, and which events were designed for purposes of Defendant's monetary enrichment, to dissuade the Plaintiff from seeking a divorce and from pursuing criminal charges.  These same plural acts of terrorism, made known by record to this jurisdiction, have included events of assault against the Plaintiff and against sheriff's deputies, and for which the Defendant is believed to be presently on Court Probation issued by Judge X.X.XXXX. 

WHEREFORE, based on the above reported information, the Plaintiff, by Counsel, respectfully requests remedies and protections as follow:

A.  First, Plaintiff requests that the Court issue Protective Measures with regard to the discovery of the physical address of her Post-Separation Residence (PSR).  Relative thereto, Plaintiff states that she has already provided to Defendant's Discovery, by Exhibits X-X through X-X, pertinent information regarding the PSR budgeting, expenditures, and source of funding, but she has withheld therefrom and refuses to provide to the Defendant her physical address, stating as reason "fear for her life."

B.  Plaintiff requests that the Court consider findings of Contempt against the Defendant, relative to his blatant disregard for the process of this Court and so as to discourage Defendant's continued conduct of threats and harassment designed to prevent the prosecution of this matter before the Court, and,

C.  That Plaintiff be awarded Court costs and attorney's fees pursuant to Rule 4:12(a)(4) as concerns this Motion and its hearing.

                                                                                      X. X.XXXXX

                                                                                    _______________________

                                                                                      by, Of Counsel