《Say That You Want Me》Episode 22: Legal Advice
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“All right” Jen says and shuffles a little in her seat.
I look at Jonathan next to me. He’s tall, has brown hair and wears glasses but he’s handsome, so the girls like him. Though, not as much as me of course.
I went to high school with him and we got along pretty well, though we weren’t the closest friends. It was a nice surprise to find that he went to the same university as I applied to, although he is a year above me and in a different department. He’s a nice guy.
“I know you’re pretty curious about why I brought you here” she begins, “it’s because I need legal advice”
“Okay? Is that why I’m here?” Jonathan asks.
“Correct. Sorry that I just brought you here out of the blue, like this… but it is important”
“And I’m here because I’m the host of this ordeal?” I chuckle.
“Yeah… Sorry about that too…” she smiles.
“What I’m about to tell you is a hypothetical case, but even so you shouldn’t tell anyone about it. Ever” she says, and her expression is serious and determined, “promise?”
“Uhm, sure”
“Yes”
Me and Jonathan give our confirmations almost simultaneously and Jen smiles satisfied, then she begins:
“The case is of a young woman. She moved away from home when she was seventeen because she was abused by her brother. Now he has come to find her again and she is… well, scared shitless. She wants a restraining order against him, but problem is proving what he’s done to her. He’s also a lawyer”
John nods attentively as she continues to explain and I begin wondering… Jen said that this was about Mona, does that mean this hypothetical case is about her? Or was that just a ruse she used to get me and Jonathan here…?
I eye her suspiciously. Jen doesn’t have many friends, so this must be about Mona. Is that who the brown-haired dude was; her brother? Is that why she reacted the way she did?
“About him being a lawyer” John begins when she’s done talking, “he still needs to obey the law and there aren’t many loop holes to exploit in a case of a restraining order, so it shouldn’t matter even if he has legal experience.”
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Jen nods.
“Well, the burden of proof lies with the accuser. Does she have any threatening texts or voicemails?” John asks.
“No”
“Are there any witnesses to the abuse?”
“Only an old lady from her hometown, but she’s very ill… I don’t know how bad it is…”
“Well… Considering the close relationship of parties in a case of domestic violence and since a restraining order is not something that goes on a person’s criminal record, but only serves to protect the petitioner, the burden of proof is usually light and the judge is more likely than not to rule in their favor.”
Jen sighs in relief and so do I, though silent and under my breath, but our relief is short.
“However, you almost always need some sort of proof; Pictures, texts, voicemails, witnesses… Otherwise it’s a case of he said she said… And the judge might not rule in her favor, then.” John adds and me and Jen both tense up again.
“The best advice I can give, is that this woman should try and recall as many details about incidents of the abuse as she can. In court a defending attorney would ask her to make what we call ‘foundation’ of her testimony. That includes who was involved and what happened as well as when and where it took place. Then she should try and reach out to the old lady, and anyone who might have seen something; go through old photographs – anything – to try and gather some proof. Then she should file for a restraining order as soon as possible and also contact a licensed attorney… Since I can’t really help much as a mere student”
“Right.”
“And a real lawyer would be much better to discuss the intimate details of the case with. The petitioner should also be aware that she is the one who has to provide the sheriff’s office with the court summons and the respondent’s contact information.”
Jen nods again.
“Okay, so: Remember details, get proof, get a lawyer and the brother’s address. Noted” she mumbles.
She looks strained, which is an odd sight considering her cheerful nature, but most appropriate in the situation and it resonates well with my own emotions.
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“And since you mentioned he just began harassing her again, she should take extra care of herself in the days before the petition is filed and a temporary restraining order is granted. Does she have anyone she can stay with?”
“Yeah, she’s staying at my place.”
Jen suddenly covers her mouth when she realizes she just gave us a clue to find out who the case is about, but john just holds up his hand and speaks calmly:
“It’s fine. Let us call this attorney-client privilege. I won’t tell a soul.”
Jen sighs a breath of relief.
I feel like my heart just sank to the bottom of my chest at her words.
“Thank you, Jonathan and for everything…”
“John’s fine, and you’re welcome. It’s good experience to advice others on real legal cases.”
John’s so calm and serious… He’s going to be a good lawyer someday. Me on the other hand… I’m shaking. I didn’t know that the man I saw was Mona’s brother, or that he’d abused her to the extent that she needed a restraining order. I see her before me; her terrified expression and shivering shoulders… How could I have left her alone?
When the conversation finishes John’s the first to leave and I stop Jen on her way out the door:
“This was about Mona, wasn’t it?”
“A-Aaron, I…” she looks away, unwilling to meet my gaze.
But she doesn’t have to answer me with words, I already know and the way she avoids my question is all the confirmation I need.
“I know this was about her. That guy I saw, was that her brother?”
She slowly nods.
“And he… used to… abuse her?” I swallow as I ask my question.
Ever so slowly she nods again.
“I need to go to her. I need to apologize”
I’m already halfway out the door, my body moving by pure instinct, but Jen grabs me and holds me back.
“No! if she knew I’d told you… I’m not sure she would ever talk to me again…”
Her face wears a desperate expression. She’s right. Mona’s not exactly the forgiving type, though Jen might just be the only person in the world who could get away with it. But even she’d first have to suffer greatly before earning redemption in Mona’s eyes and in the meantime they’d both be all alone, so I halt.
“Jen… I need to see her”
“Is it out of pity?”
She wears a stern expression as she asks it and I swallow. Is that what I’m feeling? No, I still love her, and I’m concerned for her. When she told me she didn’t return her feelings I was too angry and hurt to think further about the reason she reacted as she did. I know that I pushed her too far in that situation and with this new knowledge and can’t blame her for her agitation. No, this isn’t pity – it’s new perspective.
“No” I tell her determined.
“Good. She might need you” Jen says, “but if you show up now out of the blue with renewed attitude, she’s going to know something’s up and she’ll never accept you or your help. It has to come from the heart, you know that…”
I nod. She’s right, it would be weird if I came running now and apologized. And she would never accept my feelings as anything but pity. I understand that, but the urge to see her is consuming.
“Give us a little time, Aaron. Let us file the temporary restraining order and we’ll see about meeting up or talking later… Okay?”
I nod again. I just wish there was something I could do.
“I’ll see you - and thank you” Jen says and kisses my cheek before she leaves out the front door.
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