The trial for the protective order violation was scheduled for early December, which was two and a half months after meeting with the represenative from the State's Attorney's office. I didn't hear much from my ex until he texted me in mid-September asking if the court had made a "clerical error." I didn't respond.
The day before the trial, the lawyer handling the case called and left a message. I tried the number four times but it didn't work; I couldn't even leave a voicemail. We were supposed to be there by 8:30 in the morning. I factored in rush hour and we left around 7:45. It was snowing, and there were no school delays. An inch of slush had accumulated on the ground and due to traffic, Google maps directed me to the most off-the-beaten-path route it could find. I told my daughters I would drop them off near the courthouse and I would park (in a spot that was not limited to 2 hours), and meet them inside.
My oldest daughter sent a text letting me know her grandparents, my ex's parents, were both there. In the months between pressing charges and the trial, they made several attempts to dissuade my daughter from following through. First they attempted to shame her for using "profanity." Her grandmother called another time to voice her fear that my ex would lose his job. Finally, the last time they spoke, her grandmother dusted off the Old Testament, referring to Leviticus 20:9 as a way to put the fear of God into my daughter and convince her that she had committed an offense worthy of death. She bought none of it.
"I was wrong for cursing but you're acting like what I did is worse than him hitting me!"
If they admitted their son was wrong for hitting their grandddaughter, it would mean they would also have to consider they were wrong for times they hit their son, her father, and this was not the type of family built for reckoning, accountability, and genuine apologies. If they could manipulate their granddaughter into thinking she was wrong, and deserved to be hit, we could all sweep this under the rug and move on with our lives. This kind of move was exactly the type of family dynamic my daughter could never stomach. If there was an elephant in the room, she was going to be the first to point it out, loudly.
When I arrived at the courthouse and met my kids, there was crowd outside of the courtroom. My kids told me their grandparents had asked my younger daughter why she wasn't in school. They mainly ignored my older daughter, with the exception of taking the opportunity to shoot nasty glances her way. When I got there, I walked with them into the courtroom. The lawyer handling the case stood at the end of the aisle. I noticed the representative we had spoken to in September was also there, but seated with his back to the wall in the area where the judge's bench was. The lawyer checked off our names and said, "We're going to ask to extend the protective order to a year and ask him to take an anger management class. He's not going to take the guilty plea because he doesn't want to lose his job. So this will probably go to trial."
When I told him I tried calling the day before he said, "Oh yeah, they changed the phone system yesterday and some numbers don't get through."
We shuffled through the crowd and edged our way through one of the pews until we reached the open spot near the wall.
My oldest daughter looked upset. "He cares more about his job than he cares about me."
When you're divorced, you're spared from the task of propping up the other parent. I wasn't going to badmouth him, but I wasn't going to insist she was wrong, either.
Had the phone number worked properly, I would have asked what to expect. From what I know now, the morning is used to run through everyone who had to report to court. If they accepted a plea deal they could spare themselves from going to trial. As names were called off, people entered the courtroom either alone or with their lawyers to state whether they were accepting a plea deal or going to trial. Some were coming from jail and arriving handcuffed in jumpsuits with their lawyers. When my ex's last name was called, his lawyer, a shorter middle aged Asian man, marched down the aisle, stated they would not accept the plea deal, and agreed to go to trial. The judge, an older white man, nodded and the next case was called.
What I failed to understand was, the trial would be happening that day. Whether it was the fog of war, the lack of being able to call and ask questions, or shaky nerves that began with navigating rush hour traffic on an indirect route in the snow, the idea that a trial was something to be scheduled for another day solidified itself in my head. After my ex's lawyer made his appearance, my oldest daughter kept asking if we still needed to be there.
"Let's get out of here," I said.
We left the court room and there were people milling outside. My ex walked past us and nudged my youngest child. He was doing that thing where he exuded confidence by maintaining a larger than life presence -- hair freshly cut, custom suit on display, and the demeanor of a person without a care in the world. After that encounter, we made our way to the elevator.
"Are you sure we're allowed to go?" my oldest daughter asked.
I wasn't sure, but everything in me wanted to get out of that crowded courtroom for more comfortable surroundings. I understood why some people didn't press charges if it meant they were spared from having to go to court and provide evidence beyond reasonable doubt that the crime occured.
We went to the high school to drop off my younger daughter. Fortunately I had the court summons, which meant she would be excused. When I made it home with my oldest daughter, there were crows in the trees across from my house. For over a year I had wanted to befriend crows in my neighborhood. There were clusters of them that gathered at separate points in my morning walk. I had even bought in-shell unsalted peanuts in anticipation of the opportunity. Out of everything that transpired that day, I this considered this a win. I grabbed a handful of peanuts and when I walked oustide, I made eye contact with one of the crows and said, "This is for you!"
Crows in the snow!
Back inside, my phone rang. I didn't recognize the number but I picked up.
It was the representative from the State's Attorney's office. "Ms. Richards? The trial is starting."
Shit.
I quickly explained that we had come home. Wrong answer.
"Who told you you could leave?" Then he paused and asked how long it would take for us to return.
"I can be back there in thirty minutes," I said. A stretch, but still possible if I was heavy on the accelerator. The morning snow had melted from the roads, and traffic was light.
"I'll check with the judge and call you back." When I talked to my oldest daughter, she said she suspected we weren't supposed to leave because her father was still at the courthouse, since we had seen him right before we left. I asked her if she still planned to file charges for the assault. She did. While we were at the high school to pick up my youngest daughter, the representative called back.
"You don't have to return. The judge dismissed the case."
"We're going file charges for second degree assault."
The representative paused. "Well," he said, "be safe." He hung up.
"Does that mean it's done?" my daughter asked.
"Yes. The judge dismissed it."
Not only had I failed to protect my daughter from abuse, I fumbled her day in court. She wasn't upset with me, but I was upset with myself. We headed back to the courthouse that afternoon so my daughter could complete the paperwork for the assault charges. My mistake was not going to become her defeat.



























