What happens if I file a false claim?

David Siegel: Yeah. I wanted to talk to you about that tactic of somebody going in and filing kind of a quasi meritless order of protection action, just so that when they get the order, that separates the spouse and the children from that spouse, and it kind of sets the stage for – I don’t want to say sole custody, but you almost de facto have it if the 21-day order kicks in and then it gets extended.

Jesse Barrientes: That’s right. That’s why it’s important if you’re going to – and again, remember what I was talking about before, about getting the transcript. That’s why that becomes important. However, in a lot of the counties, depending upon where you’re at, if somebody has filed an order of protection – because you get a different judge. There’s a judge that’s assigned to do orders of protection. And then there are the divorce judges who handle the divorces cases.

So in a particular county the rules are different, but generally what will happen is if an order of protection is filed, and then subsequent to the order of protection, before the hearing on the order of protection, if a dissolution of marriage action is filed, then what will happen a lot of times is that order of protection judge will transfer it to the judge that is going to hear that case.

David Siegel: Okay. So it will all be combined, consolidated at some point?

Jesse Barrientes: Right. As it should be because if this is a judge who is going to make a determination on everything and the issues are similar, that’s where it should be, for judicial economy.

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