114. Another Hearing - Face to Face With Mark

My anxiety from Monday's bond hearing finally was back to normal today.  Just in time to go to another hearing and to see Mark again.  Only this time he was 10 feet away.

When I originally found out that Mark had requested a bond hearing I immediately went to the court and filed a petition to modify my restraining order to include "exclusive use" of my house.

In hindsight, it was a silly thing to do.  It was just a knee jerk reaction I suppose.  Because, in reality, had Mark gotten out I most likely would have left Florida.  I realized that after I filed for the petition, but by then it was too late.  Once you file for modification you must appear.  If you don't appear then you are in contempt of court and can be arrested. 

I was stressed all morning waiting for the hearing since it wasn't until 1:15 PM.  When I arrived at the court I couldn't find my victims advocate, Susan.  As I was looking around I heard someone say, "Diana?" I turned around and saw Matt Nugent. Matt was Mark's divorce attorney from his first wife, Karen.  He was the person that married Mark and I, and also married my daughter Kristin to Chris.

Matt gave me a hug and asked what I was doing there.  I explained I was there to modify my restraining order.  He asked, "Where is your attorney?"  I said, "Well, I didn't think I needed one for this."  Just then, another person walked up and asked, "Are you Diana Walter?"  I told her yes.  She explained that she was replacing Susan for the day.  Susan had to go to the West Palm Beach courthouse for an emergency hearing.

I said goodbye to Matt. My advocate and I walked to the waiting area for our turn in the courtroom.  It's different in the Domestic Violence (civil) courtrooms.  There you go in one case at a time.  Pretty much anyone can come in to listen in the criminal court. She knew all about my case.  Susan had discussed it with her.  We chatted for awhile until we were finally called in to the court.

As we were nearing the courtroom I saw Kathryn Olinsky.  She was the legal aide attorney that helped me get my original restraining order.  Kathryn asked me why I was there.  I explained to her about the modification.  She said, "Why didn't you call me to help?"  I told her, "I didn't know I needed to.  Plus, I didn't know I could."  Then the deputy came over and told us we needed to go in.

The courtroom is very small compared to the downtown courtroom we were in on Monday.  We sat down on the bench two rows from the front on the right hand side.  We heard the door open about 5 minutes later. Two deputy sheriffs came through the door with Mark between them.  Once again he was in his blue jumpsuit.  Once again he was in handcuffs and his legs in shackles.  

Mark looked over at me.  He gave me a look, a very sad look.  Then he mouthed something to me.  I don't know what it was.  It appeared to be something like, "You know I'd never hurt you." "Why are you doing this?" Or, "You have to help stop this."  Honestly, I don't know exactly what it was he said.  I suppose my imagination runs wild trying to figure it out.  I'll never know.

The deputies had Mark sit at the front table on the left. He kept turning around to look at me.  I began to feel uneasy.  Then I heard one of the deputies loudly say to Mark, "Stop looking at your wife. Keep your face front and don't say a word."  Mark did what the deputy said to do.

Judge Krista Marxs finally came in the room.  My advocate and I moved to the front of the court to the table opposite of Mark.  He wasn't more then 10 feet away from me.  I could feel my stomach churning.

The judge looked at Mark and said, "Mr. Walter, since you are in currently in custody, I must advise you that anything you say in this hearing can be used against you in the criminal trial."  Mark said, "I understand."

Mark's voice sounded nearly a pitch higher.  He also spoke very very softly.  I would have never known it was Mark had I not seen him sitting there myself.

Judge Marxs then turned to me, "So, you are here to request a restraining order?"

I responded, "No, your honor.  I already have a restraining order.  I am only seeking to modify my order to include the exclusive use of my house."

The judge looked a bit bewildered.  It seems the paperwork she had in front of her showed I was requesting an order and not modifying it.

The judge then asked me, "OK. How long did I issue your original restraining order for?"

I told her, "It is indefinite, ma'am."

The judge said, "No.  It can't be indefinite.  Is it for 2 years, 1 year, or 6 months?"

I said again, "You issued my restraining order with no end, your honor."

In a very perturbed voice the judge said, "I don't do indefinite.  How long is the order for?"

I was a bit stunned.  I wasn't sure what to do.  The judge had issued me an indefinite restraining order.  She didn't believe me and now seemed upset.  I didn't answer.  I wasn't sure what to say.  

All of a sudden I heard a voice from behind me say, "Ms. Walter's restraining order is indefinite, your honor." 

Everyone in the room turned around to see who said that.  It was Kathryn.  She had come in quietly after the session had started.  The judge knows Kathryn quite well.  Kathryn handles many of the domestic violence cases in that court house.

The judge said to Kathryn, "I don't do indefinite restraining orders."

Kathryn responded, "You did for this case, your honor."

The judge replied, "I did? But, that would be the only one I've ever done."

Kathryn said, "Yes, your honor. It was your first time."

I'm sure then judge now understood that the original evidence she had seen must have been pretty bad for her to issue an indefinite order.

Then the judge turned to me and asked, "So, you are only asking to modify your order for exclusive use of your house?"

I said, "Yes, ma'am.  I filed the request when I found out Mark was granted a bond hearing.  I suppose getting this order is moot now since the judge at that hearing is continuing to hold Mark until trial without bond. Our house is starting to go into foreclosure. I am trying to clean it up enough to be able to short sale the house if I can get Mark to agree."

The judge said to me, "You already have an indefinite restraining order.  You really didn't need a modification.  But, I'll go ahead and grant it."

She then turned to Mark and said, "I am granting your wife's motion for exclusive use of the house.  Do you understand that?"

Mark nodded and said, "Yes."

Judge Marx then said, "Mr. Walter, if I were you I would take the time during your incarceration to seek mental help."

Mark responded, "How do I do that?"

The judge said, "Just ask at the jail."

Mark said again, "But, how do I do that?"

The judge told Mark, "Mr. Walter, just ask someone at the jail, or ask your attorney to set it up. It may go a long way to help you in a criminal trial if you are seeking help."

Mark said, "I was evaluated already by a psychiatrist for my bond hearing.  Dr. White told me that he didn't feel that I was a threat to myself, or anyone else."

Judge Marx said, "I believe that will be up to a jury to decide."

Then the hearing was over.

Then I went back to work. And, Mark got to go back to jail.