6-29-15 Oyola v Mereno

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1 NO: MMX-FA15-4019664-S : SUPERIOR COURT ADRIANNE OYOLA : JUDICIAL DISTRICT OF MIDDLESEX v. : AT MIDDLETOWN, CONNECTICUT TONY MORENO : JUNE 29, 2015 BEFORE THE HONORABLE BARRY C. PINKUS, JUDGE A P P E A R A N C E S : Representing the Plaintiff: ADRIANNE OYOLA Self-represented Litigant 1185 Randolph Road Middletown, Connecticut 06457 Representing the Defendant: TONY MORENO Self-represented Litigant 155 Skyler Avenue Middletown, Connecticut 06457 Recorded and Transcribed by: Dianne Shobe Court Recording Monitor One Court Street Middletown, Connecticut 06457

description

Transcript of a hearing in which the restraining order was denied.

Transcript of 6-29-15 Oyola v Mereno

  • 1

    NO: MMX-FA15-4019664-S : SUPERIOR COURT ADRIANNE OYOLA : JUDICIAL DISTRICT

    OF MIDDLESEX v. : AT MIDDLETOWN, CONNECTICUT TONY MORENO : JUNE 29, 2015

    BEFORE THE HONORABLE BARRY C. PINKUS, JUDGE A P P E A R A N C E S : Representing the Plaintiff: ADRIANNE OYOLA

    Self-represented Litigant 1185 Randolph Road Middletown, Connecticut 06457 Representing the Defendant: TONY MORENO Self-represented Litigant 155 Skyler Avenue Middletown, Connecticut 06457

    Recorded and Transcribed by: Dianne Shobe Court Recording Monitor One Court Street Middletown, Connecticut 06457

  • 1

    (Proceedings started at 10:18 a.m.) 1

    THE COURT: And we have one more. 2

    THE CLERK: One more. 3

    THE COURT: Both sides are here? 4

    THE CLERK: Oyola/Moreno. Okay. 5

    THE COURT: Both sides, come on up. Both raise 6

    your right hand. The Clerk will swear both of you 7

    in. 8

    THE CLERK: Do you solemnly swear or solemnly 9

    and sincerely affirm, as the case may be, that the 10

    evidence concerning this case will be the truth, the 11

    whole truth, and nothing but the truth so help you 12

    God or upon penalty of perjury. 13

    THE PLAINTIFF: Yes. 14

    THE DEFENDANT: Yes. 15

    THE CLERK: Please state your name and address 16

    for the record starting with you, maam. 17

    THE PLAINTIFF: Adrianne Oyola, 1185 Randolph 18

    Road, Middletown, Connecticut. 19

    THE CLERK: Sir. 20

    THE DEFENDANT: Tony Moreno, 155 Skyler Avenue, 21

    Middletown, Connecticut. 22

    THE COURT: All right. You are the applicant in 23

    this case; right? 24

    THE PLAINTIFF: Yes. 25

    THE COURT: Whats your relationship to Mr. 26

    Moreno? 27

  • 2

    THE PLAINTIFF: He was my boyfriend. 1

    THE COURT: All right. And tell me why you 2

    believe you are under continuous threat of present 3

    physical pain, physical injury, stalking, or pattern 4

    of threatening. 5

    THE PLAINTIFF: He did break the restraining 6

    order a few days ago saying his friend -- 7

    THE COURT: Theres a restraining order in 8

    effect? 9

    THE PLAINTIFF: Yeah. 10

    THE COURT: What -- did he -- 11

    THE PLAINTIFF: He broke -- he broke it and -- 12

    THE COURT: He got arrested? 13

    THE PLAINTIFF: No, hes here. I dont know 14

    if -- 15

    THE COURT: When you say he broke a restraining 16

    order, where is the restraining order? 17

    THE PLAINTIFF: Its right here. 18

    THE COURT: This one? 19

    THE PLAINTIFF: Yeah. 20

    THE COURT: The one that was -- the one that was 21

    granted by Judge Domnarski? 22

    THE PLAINTIFF: Yeah. 23

    THE COURT: Okay. When you say he broke it, 24

    what happened? Did you call the police when he broke 25

    it? 26

    THE PLAINTIFF: Yeah. They took down the 27

  • 3

    information, and they file everything, and they put 1

    out a warrant into the court. I dont know if its 2

    effective or not. 3

    THE COURT: Okay. So what day did that happen? 4

    THE PLAINTIFF: I believe it was a Friday. This 5

    Friday. 6

    THE COURT: This past Friday. 7

    THE PLAINTIFF: Yes. 8

    THE COURT: So you were in court on June -- on 9

    June 17th, which was Wednesday. So he would have 10

    been -- this would have happened on the 26th? 11

    THE PLAINTIFF: Yes. 12

    THE COURT: What happened on the 26th? 13

    THE PLAINTIFF: His friend contacted me and told 14

    me that his mother, or her mother, was sick and 15

    wanted to see me and the baby. I was, oh, okay. 16

    So she picked me up that morning. We got there, 17

    and I went to go look for the mom. I couldnt find 18

    them, and then he comes around the corner and tells 19

    me you need to sit down. You need to calm down. I 20

    need to talk to you. Tells me to give him my phone. 21

    I gave him my phone. 22

    He, you know, tells me to sit down. I was, 23

    like, no, I want to leave. I dont want to be here. 24

    He was, like, well, you need to calm down or youre 25

    going to go to jail, and then he went on telling me 26

    why I had to go to jail, and told me that, basically, 27

  • 4

    if I dont -- the lawyer told him that if I dont 1

    make him happy today with the court, the decision and 2

    everything, that the lawyer would put me in jail for 3

    a year. 4

    THE COURT: The lawyer will put you in jail. 5

    THE PLAINTIFF: Yes, and that I needed to, 6

    basically, make him happy today. 7

    THE COURT: So you have a child together. 8

    THE PLAINTIFF: Yes. Seven months old. 9

    THE COURT: Okay. And what happened prior to 10

    June 17th that made you come to court? 11

    THE PLAINTIFF: Multiple things. Hes just very 12

    abusive, not physically, but mentally. Hes 13

    constantly send -- calling me names, constantly 14

    shoving me around and just abusive. 15

    THE COURT: When you say shoving you around, 16

    thats not physically abusive? 17

    THE PLAINTIFF: Well, it is, but I -- abuse, 18

    physical abuse, I would think it as, like, punching 19

    me, slapping me around. 20

    THE COURT: So pushing you is not physical 21

    abuse? 22

    THE PLAINTIFF: Its a form. I guess its a 23

    form of it, I guess. 24

    THE COURT: Of course, it is. So explain to me 25

    when that happened. 26

    THE PLAINTIFF: Multiple times throughout the 27

  • 5

    years that weve been together. 1

    THE COURT: All right. But what made you come 2

    to court on June 17th? What was the straw that broke 3

    the camels -- 4

    THE PLAINTIFF: Basically, my graduation from 5

    high school was the 16th, and we got into an 6

    argument, I guess. He took both of my graduation 7

    dresses, hid them. I didnt know where they were. 8

    So his mother took me to buy another outfit for my 9

    graduation. 10

    The next day, I saw him and asked him why did he 11

    take them. He was, like, I thought it would be 12

    funny. I got mad, and then he was, like, you -- you 13

    two can go to lunch with your father. I was, like, 14

    okay. When I tried to take my son with me, he said, 15

    no, youre not taking him with that attitude. Im, 16

    like, I dont have an attitude. Im just irritated, 17

    and he was, like, well, youre not taking him, and 18

    then when I tried to take my son, he pushed my hands 19

    away telling me Im not taking him. 20

    THE COURT: Well, who does Aaden live with? 21

    THE PLAINTIFF: Right now, with me. 22

    THE COURT: Did you have any court order with 23

    regard to that? 24

    THE PLAINTIFF: No. 25

    THE COURT: Okay. So -- 26

    THE PLAINTIFF: Well, in the restraining order, 27

  • 6

    it says I get temporary custody until today. 1

    THE COURT: No, I understand that, but prior to 2

    that, there was no court order. 3

    THE PLAINTIFF: No. 4

    THE COURT: And you were living together? 5

    THE PLAINTIFF: Uh-huh. 6

    THE COURT: Where? 7

    THE PLAINTIFF: On the 155 Skyler Avenue. 8

    THE COURT: And whose house is that? His -- 9

    THE PLAINTIFF: His mothers. 10

    THE COURT: His -- so you were living at his 11

    mothers house? 12

    THE PLAINTIFF: Yes. 13

    THE COURT: And where are you living now? 14

    THE PLAINTIFF: My sisters house. 15

    THE COURT: So you moved with the baby to your 16

    sisters house. 17

    THE PLAINTIFF: Yes. 18

    THE COURT: And youre saying that something 19

    happened at -- do you have a custody case pending 20

    between the two of you? 21

    THE PLAINTIFF: No. 22

    THE COURT: Nothing. Okay. And so, and youre 23

    19 years old. 24

    THE PLAINTIFF: Yes. 25

    THE COURT: And hes 21. 26

    THE PLAINTIFF: Yes. 27

  • 7

    THE COURT: And so, but -- so he hid your dress. 1

    Okay. You went with his mother to buy a new dress. 2

    He said that he did it as a joke, and then what 3

    happened? 4

    THE PLAINTIFF: I told him Im going to take my 5

    son to lunch with my father down the street to 6

    Illianos. He didnt let me. So I got -- he -- 7

    there were multiple times. 8

    THE COURT: What do you mean he wouldnt let 9

    you? 10

    THE PLAINTIFF: He wouldnt let me take my son. 11

    Like, he was -- the bed was -- you know, he was on 12

    the bed. My son was on the inside. He was wrapped 13

    around on the outside, and he, basically, told me I 14

    cant take my son. I was, like, well, I want him to 15

    go spend some time with my father. I went to go grab 16

    my son and he pushed my hand away and telling me no. 17

    THE COURT: Okay. Then what happened? 18

    THE PLAINTIFF: I called the cops and told them, 19

    and they came down trying to talk some sense into 20

    him. When they went down there, he was gone, and 21

    then they told me -- 22

    THE COURT: And then what did you do? 23

    THE PLAINTIFF: I went down to the court and I 24

    filed for the restraining order. 25

    THE COURT: Did you -- you didnt take your son 26

    and go to dinner with your father? 27

  • 8

    THE PLAINTIFF: No, he wouldnt let me. He 1

    physically would not let me. 2

    THE COURT: Well, where was your son? 3

    THE PLAINTIFF: With him. 4

    THE COURT: Okay. So, so when -- so when he 5

    pushed your hand away, he then took your son and went 6

    away. You didnt tell me that part. 7

    THE PLAINTIFF: He was -- he never -- when I was 8

    trying to take my son, he was on the bed. He did not 9

    move from the bed -- 10

    THE COURT: Whos he? 11

    THE PLAINTIFF: -- and then I left. Tony 12

    Moreno. 13

    THE COURT: Tony was on the bed with your son. 14

    He was hold -- 15

    THE PLAINTIFF: And then I tried -- I tried to 16

    walk away with my son and he wouldnt let me. I was, 17

    like, I want to take my -- 18

    THE COURT: So you tried to take your son from 19

    him? 20

    THE PLAINTIFF: Yeah. And he wouldnt let me. 21

    THE COURT: And he said no. 22

    THE PLAINTIFF: Yeah. 23

    THE COURT: Okay. 24

    THE PLAINTIFF: Hes done that multiple times. 25

    If he doesnt want me taking my son somewhere, he 26

    doesnt let me, but hes -- 27

  • 9

    THE COURT: Okay, but thats why you got sep -- 1

    THE PLAINTIFF: -- allowed to take him anywhere. 2

    THE COURT: So why are you guys still -- why 3

    were you still living together? Why were you still 4

    living there? 5

    THE PLAINTIFF: Cause I had at the time nowhere 6

    else to go. I was, basically, there as -- 7

    THE COURT: Okay. 8

    THE PLAINTIFF: Until I could find another place 9

    to live, and then my sister offered her room in the 10

    house to go and stay there for up to three months 11

    until I can get everything situated with housing and 12

    my money in order. 13

    THE COURT: All right. This is not a custody 14

    case. This is a restraining order case. 15

    THE PLAINTIFF: Yes. 16

    THE COURT: And you have to be in continuous 17

    threat of present physical pain, physical injury, 18

    stalking, or a pattern of threatening. You two have 19

    a custody dispute, a visitation dispute. Are you 20

    afraid hes going to come over and beat you up? 21

    THE PLAINTIFF: Sometimes. Ive had multiple 22

    times where cars just stop in the front of the house, 23

    and multiple times where I feel like hes -- I feel 24

    like hes always there, and its creepy. He, he knew 25

    where my sister was when I didnt even know where my 26

    sister was. He texted me and told me, you know, are 27

  • 10

    you on Newfield? My -- with your sister, and I was, 1

    like, I, I -- I was home. So I dont know how he 2

    knew my sister was on Newfield. 3

    THE COURT: When did he kick you out of bed when 4

    you had a fractured ankle? How long was that? 5

    THE PLAINTIFF: It was a few months ago. I 6

    dont know the exact date. 7

    THE COURT: Give me a ballpark. 8

    THE PLAINTIFF: Um -- 9

    THE COURT: Before or after the baby was born? 10

    THE PLAINTIFF: After, way after. My son was 11

    about six months old when that happened. 12

    THE COURT: You said he would hurt your child. 13

    You said that you fear for your childs safety. He 14

    could hurt my child. He has told my child to shut up 15

    if hes making too much noise. He told his mom to 16

    watch him if he does not feel up to it. He left my 17

    son on the bed upstairs to cry and completely left 18

    the house. When did that happen? 19

    THE PLAINTIFF: I dont know the exact date. I 20

    believe it was sometime in -- it was, it was 21

    somewhere around the -- April or May. Somewhere 22

    around there. 23

    THE COURT: You say you dont know where your 24

    son is. You know where he is -- you said you didnt 25

    know your -- 26

    THE PLAINTIFF: At the time, I didnt know where 27

  • 11

    my son was when I wrote this. 1

    THE COURT: He was with his father; right? 2

    THE PLAINTIFF: Yeah, but I didnt know where. 3

    THE COURT: Whats your side of the story? 4

    THE DEFENDANT: Starting from which point? 5

    THE COURT: I guess, I guess from when the baby 6

    was born. 7

    THE DEFENDANT: Okay. It was starting the day 8

    that she went and got the -- is it a restraining 9

    order or a protection order? 10

    THE COURT: She got a restraining order on June 11

    17th. 12

    THE DEFENDANT: Okay. So that day, we had 13

    been -- we stopped at her dads house. He had 14

    something to go do, so he wanted to go to lunch with 15

    us later. So we agreed. We were walking. She 16

    wasnt being very pleasant. I was -- so I told her, 17

    I was, like, if youre going to keep being like this, 18

    I was, Im not going anywhere with you. You can tell 19

    your dad its going to be just you. For some reason, 20

    she thought just you meant her and the baby. 21

    So we walked around for ten/fifteen minutes 22

    longer, went back to my moms house. I took the baby 23

    upstairs, sat upstairs for about twenty minutes, and 24

    she didnt come inside. So I texted her, asked her 25

    if she would bring the baby back up. Shes, like, 26

    why would I bring him up if were leaving? I was, 27

  • 12

    like, no. I said you can go. I dont want him going 1

    with you when youre being like this. So then shes, 2

    like, hes coming with me. I was, like, not when 3

    youre being like this. 4

    Then she came upstairs and started getting 5

    louder and referencing, Im taking my son, and I was, 6

    like, if youre going to keep being like that, I 7

    dont want him going with you, and then she walked 8

    out. So I texted her. I was, like, are you calm 9

    yet? She said she didnt want to talk to me, so, all 10

    right. Fine. 11

    Then she came up. Came storming in the room and 12

    tried to take him. So I put my hand in the way. I 13

    was, like, you need to relax before you take him. 14

    She was, like, no, give me my bleeping son. I was, 15

    like, not when youre being like this and stuff. 16

    She got mad. Took the necklace I bought, the 17

    ring, and a couple of bracelets off, threw them down 18

    next to where I was and then stormed out. Didnt 19

    come back upstairs for about ten/fifteen minutes. So 20

    then, apparently, she had left. 21

    So then, my mom left. So I went downstairs. 22

    Nobody was there. So I took the baby and started 23

    walking around the block assuming she went to lunch. 24

    So I walked down to Illianos. They werent there. 25

    So I didnt know where she was. 26

    So I then started walking back towards my house. 27

  • 13

    I ran into my cousin. Well, not by blood, but we 1

    grew up together. So I was talking to her, and she 2

    was, oh, you know, my mom wants to see the baby. 3

    Whatever, whatever. And, oh, previous to me leaving 4

    my house, my phone fell down the stairs so my screen 5

    was destroyed. So I did shut my phone off because 6

    there was no way I could have used it. I was trying 7

    to touch it, but it was doing its own thing. My 8

    phone was broken. So I turned it off. 9

    So I went with her -- 10

    THE COURT: Did you get a new phone since then? 11

    THE DEFENDANT: Yes. So I went with her to -- 12

    then we went to her moms house. We were hanging out 13

    for -- I was there for, maximum, two hours. 14

    THE COURT: They have a phone on -- they have a 15

    landline? 16

    THE DEFENDANT: Yeah. 17

    THE COURT: Do they have a -- somebody else in 18

    the house have a cell phone? 19

    THE DEFENDANT: Yeah. They had a phone. So 20

    when I was -- 21

    THE COURT: So why -- why didnt you call? 22

    THE DEFENDANT: I assumed she was mad and just 23

    walking and stuff, and there was plenty of ways for 24

    her to contact me. 25

    THE COURT: How? 26

    THE DEFENDANT: She didnt try any of them. 27

  • 14

    THE COURT: She didnt know where you were. 1

    THE DEFENDANT: She could have contacted my mom. 2

    My mom -- she -- 3

    THE COURT: Your mom didnt know where you -- 4

    THE DEFENDANT: -- knows everybody I normally 5

    hang out with. 6

    THE COURT: Your mom didnt know where you were. 7

    THE DEFENDANT: But everybody -- 8

    THE COURT: No one knew where you were. 9

    THE DEFENDANT: Everybody can reach out and 10

    somebody will tell you where I am. Everybody can 11

    always find me. Its not hard. 12

    But, so somebody had sent my cousin a 13

    screenshot, a picture of what they saw on Facebook, 14

    and oh, did you know Tonys baby is on Facebook? 15

    Theyre saying he stole him. This was after me being 16

    gone for two hours. So then there was a picture of 17

    me. Oh, if you see him with this man -- no point in 18

    time did they refer to me as his father. It was just 19

    this man. You know, and then they were going on 20

    saying, oh, Middletown Police cant do anything for 21

    twenty-four hours. As soon as we saw that -- 22

    THE COURT: We have a paternity acknowledgment 23

    signed at the hospital? 24

    THE DEFENDANT: Yeah. So as soon as we saw 25

    that, I called my mom. I was, like, whats going on? 26

    Shes like, the cops just left. Apparently, she went 27

  • 15

    and got a restraining order because she was mad. 1

    This and that. So you have to bring the baby back. 2

    I was okay. Well, this is where I am. Come pick me 3

    up. 4

    So as soon as she came to pick me up, we went to 5

    the Ninety-Nine in Cromwell because my brother was in 6

    the car. So, you know, I -- the whole way there, we 7

    were talking. We sat in the parking lot for about 8

    ten/fifteen minutes talking -- I was trying to figure 9

    out what was going on. 10

    THE COURT: Whos we? 11

    THE DEFENDANT: Me and my mom. 12

    THE COURT: Yeah. 13

    THE DEFENDANT: And then, she said, you know, 14

    base -- like, she showed me the papers that had got 15

    dropped off at the house. So I read them, and she 16

    was, like, basically, you know, we have to bring the 17

    baby. You know, you dont have to come. I can bring 18

    the baby, you know, to the police station or wherever 19

    she went. Im not sure where she went after that. 20

    Me and my brother went inside. She left with the 21

    baby. That was about it. 22

    And as far as me violating the protection order 23

    on Friday, I wasnt in town on Friday. So Im not 24

    sure how I did that. 25

    THE COURT: Where were you on Friday? 26

    THE DEFENDANT: I was at my sisters house in 27

  • 16

    New Britain. So -- 1

    THE COURT: All day? 2

    THE DEFENDANT: Yeah. 3

    THE COURT: How did you get there? 4

    THE DEFENDANT: I got dropped off by a friend. 5

    THE COURT: Who? 6

    THE DEFENDANT: Alyssa Rodriguez [phonetic]. 7

    THE COURT: So -- 8

    THE DEFENDANT: The same person she got in the 9

    car with. I believe it was a day previous and stuff. 10

    She had been with this person. Friday, I was in New 11

    Britain. 12

    THE COURT: From what time to what time? 13

    THE DEFENDANT: From around 8:30 in the morning 14

    until about 10:00 oclock at night, and I have people 15

    that can verify that. I never left her house. 16

    THE COURT: She says you pushed her off the bed. 17

    Did you push her or shove her? 18

    THE DEFENDANT: So that particular night and 19

    stuff, we had -- we werent exactly arguing, but 20

    she -- she throws temper tantrums, so I was ignoring 21

    her. So I had headphones in, and she had been 22

    sitting on the inside of the bed with the baby, and 23

    she kept pushing my legs aggressively. So I just 24

    kept straightening them back out and putting them 25

    back on the bed. She kept pushing them off the side 26

    of the bed, and I, you know, didnt want to argue 27

  • 17

    with her. I just kept putting my legs back. The 1

    last -- after doing it, like, six times, the last 2

    time I straightened out my legs, she happened to be 3

    sitting there, and I kicked her off the bed, and I 4

    asked her, are you okay? She then -- now, with her 5

    fractured ankle, then got up and started kicking 6

    things around the room and throwing stuff like a 7

    three-year old. So Im not sure how that works out 8

    with a fractured ankle. I assume that would hurt. 9

    THE COURT: Do you have a job? 10

    THE DEFENDANT: Yes. 11

    THE COURT: What do you do? 12

    THE DEFENDANT: I work for my uncle doing -- 13

    hes a general contractor. So Im -- I think, 14

    technically, my title would be a laborer. So I, 15

    basically, do whatever is -- 16

    THE COURT: Did you graduate high school? 17

    THE DEFENDANT: Yeah. Well, not high school. I 18

    went and got my GED shortly after leaving high 19

    school. 20

    THE COURT: So you got your GED? 21

    THE DEFENDANT: Yeah. 22

    THE COURT: So you two dont have a real good 23

    relationship. 24

    THE DEFENDANT: We did, but when she gets angry 25

    and stuff, she -- thats it. Shes just -- whenever 26

    she doesnt get her way, she throws temper tantrums 27

  • 18

    because thats not the first time shes sat there 1

    throwing stuff around. There -- the people who live 2

    with us, and stuff, can tell you over the past year, 3

    she always has fits. She gets mad whenever I dont 4

    give her her way. 5

    THE COURT: So where do your folks live? 6

    THE PLAINTIFF: My mom, she lives in Waterbury, 7

    and my father lives in Middletown, South Main Street. 8

    THE COURT: And you cant live with either one 9

    of them? 10

    THE PLAINTIFF: No. 11

    THE COURT: How come? 12

    THE PLAINTIFF: My mother has a one bedroom and 13

    my father has a one bedroom. 14

    THE COURT: And where does your sister live? 15

    THE PLAINTIFF: 1185 Randolph Road. 16

    THE COURT: And was -- well, how big is her 17

    place? 18

    THE PLAINTIFF: Im sorry. What? 19

    THE COURT: How big is her place? 20

    THE PLAINTIFF: Its a three-bedroom, I believe. 21

    Three bedroom. 22

    THE COURT: And who lives there besides the two 23

    of you? 24

    THE PLAINTIFF: Her husband, her son, my sister. 25

    Those are the only people that live there. So my two 26

    sisters, my brother-in-law, and my nephew. 27

  • 19

    THE COURT: So a big, big crowd of people. Im 1

    just not convinced that theres a continuous threat 2

    of present physical pain or physical injury. 3

    I think the two of you dont have a good 4

    relationship, and you need to get -- somebody needs 5

    to go downstairs and file a custody application, and 6

    you need to work out a parental rights agreement 7

    where the child is going to be, when the child is 8

    going to be with mom, when the child is going to be 9

    with dad, work out a child support order. If hes 10

    working, you know, get a child support order. Is the 11

    child on HUSKY? 12

    THE PLAINTIFF: Yeah. 13

    THE COURT: So the child is on HUSKY. So, I 14

    mean, you know -- so theres health insurance, but 15

    you need to work out -- you need to -- you know, 16

    theres chaos in your relationship. Im not 17

    satisfied that this -- that hes -- that youre in 18

    imminent fear, in imminent harm that hes going to 19

    come over and, you know, cause you physical harm or 20

    physical violence. 21

    Im just not convinced that thats going to 22

    happen particularly if youre not living together any 23

    more, and it sounds like youre not living together 24

    any more, but you do need to work out a parenting 25

    plan where you know when the baby is going to be with 26

    mommy and when the baby is going to be with daddy, 27

  • 20

    and you go downstairs to the Clerks Office and do 1

    that. File the paperwork. Its a custody 2

    application. If youre -- if you have no income, you 3

    can waive the filing fee. You can have the Marshals 4

    fees paid for by the State, and you can serve him 5

    with the papers, and then you can just work out a -- 6

    work that out, but it sounds to me as though your 7

    relationship, unfortunately, is over, and your child 8

    is going to grow up with a mom living in one house 9

    and a dad living in another house. It sounds to me 10

    as though thats whats going to happen, I mean, 11

    because its unfortunate, but you dont -- it doesnt 12

    sound to me as though that this is a relationship 13

    that would -- thats healthy to have a child grow up 14

    in. 15

    I dont know whether the two of you are mature 16

    enough at this present time to have an adult 17

    relationship. You know, the behavior that both 18

    of you talked to me about is behavior that, you 19

    know, teenagers -- you know, youre 21, but, you 20

    know, youre talking -- youre not giving me grown-up 21

    behavior. Youre giving me child -- you know, so. 22

    So in any event, the restraining order -- I 23

    guess this is something I need to sign; right? 24

    THE CLERK: Yes, Your Honor. 25

    THE COURT: Im not going to -- so Im not going 26

    to grant the restraining order. Its -- the orders 27

  • 21

    are vacated. You need to go downstairs and work out 1

    custody and visitation. 2

    Okay. And when you are in contact with each 3

    other, which is permissible, unless he gets arrested 4

    for violating that order, and if hes telling the 5

    truth and if he was in New Britain, and then someone 6

    made a -- and it happened on the Friday, as you say, 7

    if that was a complaint made to the police, you could 8

    be arrested for violating that order and thats a 9

    felony. You can go to jail for five years, and they 10

    may deal with it that way. If you have proof you 11

    were in New Britain that whole day -- I mean, she 12

    says it happened on that day -- then she could be in 13

    trouble for making a false report. Im not sure 14

    exactly what the story is because I dont know how 15

    its going to play out. 16

    But in any event, the two of you need to figure 17

    this out for the sake of your child. You decided 18

    to -- whether you decided to make a baby or you just 19

    made a baby, it doesnt make any difference. Youre 20

    parents now. Okay? And if you want your child to 21

    grow up to be healthy and well, you need to grow up 22

    and deal with each other as adults, and youre not 23

    doing that right now. Youre dealing with each other 24

    like youre children. Im sorry to say that, but you 25

    are. So I wish you well. Good luck. 26

    THE PLAINTIFF: Thank you. 27

  • 22

    THE COURT: All right. Until we have further 1

    business, well be in recess. 2

    (Proceedings concluded at 10:39 a.m.) 3

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  • NO: MMX-FA15-4019664-S : SUPERIOR COURT ADRIANNE OYOLA : JUDICIAL DISTRICT OF MIDDLESEX v. : AT MIDDLETOWN, CONNECTICUT TONY MORENO : JUNE 29, 2015

    C E R T I F I C A T I O N

    I hereby certify the foregoing 22 pages are a true and

    correct transcription of the audio recording of the above-

    referenced case, heard in Superior Court, Judicial District of

    Middlesex, Middletown, Connecticut, before the Honorable Barry C.

    Pinkus, on the 29th day of June 2015.

    Dated this 7th day of July 2015 in Middletown,

    Connecticut.

    _______________________________ Dianne Shobe

    Court Recording Monitor