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11 - A Victory Is Another's Downfall

This chapter is dedicated to dionneeckstein who managed to put a smile on my face with week - thanks for all your support XD

This chapter has undergone a major revision to draft I since the original contained a plot hole, however, the beginning and ending are the same.

11 - A Victory Is Another's Downfall

Charlotte's POV

The emergency hearing was set for 9 am and I barely slept all night. Ever since I called Tivon and told him about the tantrum Rena threw in front of me, I have been on an emotional roller coaster. There was guilt that I tried to take Noah away from his mom, but in the end, the prospect of having him live with me fulltime was just too tempting. Tivon said it was too good of an opportunity to pass which was the final motivation to toss my reservations out the window.

When I arrived at the courthouse the next morning, Rena was already there and glared at me like she wanted to claw my eyes out. Both Fallon brothers kept her in check, but her angry eyes still managed to send shivers down my spine. It was a new violent side to her that made me seriously doubt her sanity and fear for Noah's well-being. Somehow, she reminded me of a ticking time bomb.

Ryan was stuck in Oklahoma which brought a grin on Tivon's face. "Even better. Having your husband here is like a constant reminder of the abuse allegations and his absence could really work in our favor. Judges don't like having mud thrown on parties which aren't present - goes against their sense of justice."

The courtroom was unlocked five minutes before the hearing and we all filed in, taking our seats at the respective tables. In the last minute, Marcus slipped into the back. I was surprised to see him, as was the judge, who addressed him right after greeting us and swinging his gravel.

"This is a closed hearing, Mr. Forrester. May I ask what brings you to my courtroom this morning?"

Marcus threw Rena a smug look. "Your Honor, the petition alleges violence against the child by his mother which might rise to the level of an assault, or at least an endangerment charge. My office was put on alert and we are investigating whether to bring new charges against Ms. Cooper or report this incidence to her probation officer."

Rena muttered something to Noel with tears in her eyes who squeezed her hand reassuringly. It had to be hard to have every step and word measured on a scale, walking through life with the constant fear of waking up in jail the next day. I felt a fleeting flicker of sympathy, but when she gave me a pouty look full of attitude, I realized she didn't deserve any better.

Tivon had watched the whole exchange with slight amusement in his eyes. "I wonder what she did to piss Marcus off," he whispered while leaning in quite closely.

I could smell the scent of his cologne - Jean Paul Gaultier without a doubt. I bought a bottle a couple of years ago for Ryan on his birthday because I loved the smell, but he hated it and tossed it in the bin. It was too feminine for his taste.

Yet, the scent of the cologne was temporarily forgotten when Tivon's breath kept grazing against my neck which made the world around me a little fuzzy on the edges. My cheeks flushed slightly when he didn't move, apparently expecting some kind of response. "He was the prosecutor on her case."

"Still." His breath made my insides tingle. "Usually, he has underlings for that type of stuff. This is personal to him. I should ask him about it - he would be a good ally to have." His eyes narrowed slightly when he gazed at me. "Are you okay? You're a little red in the face."

I could feel the blush intensify. "It's just really hot in here."

He gave me a crooked smile before his attention was drawn to the judge.

"Mr. Goldstein, are you ready to proceed?"

"We are, your Honor," he said while rising. "For our first witness, we call Charlotte Parks."

I made my way to the witness stand, well aware that everyone in the courtroom was staring at me. Raising my left hand, I was sworn in and took a seat.

Tivon gave me a courteous smile. "Mrs. Parks, were you a party to the altercation that took place yesterday at the respondent's residence?"

I cleared my throat, leaning closer to the microphone. "Yes, I was."

"And Mrs. Parks, what brought on this altercation?"

Instinctively, I glanced at Rena who glared back at me with her jaw clenched. "I returned Noah from a stroll in the park. It was an extra visitation that had been agreed to by the lawyer, but it seemed that Rena didn't know about it. She cut into me as soon as I arrived."

Tivon fiddled with the clear plastic bag in front of him. "Did you tape the altercation?"

I nodded before realizing I had to answer. "Yes. Yes, I did."

He held up the bag. "And is this the tape?"

"Yes."

His attention turned to the judge. "Your honor, we are offering this tape as exhibit A and ask to have it played for the record."

In open court, our fight sounded even worse than in real life. Rena's hissed voice was booming and Noah's shrill screams seemed magnified. I watched Rena the entire time who shrunk more and more in her seat, wiping away a few loose tears.

After the recording was finished, deadly silence hung over the courtroom. Finally, Tivon spoke again. "Mrs. Parks, could you tell the court how Miss Cooper behaved during this altercation?"

My face burned, I hated when everyone was staring at me. "Rena acted like a total maniac. She was all red in the face and her eyes had this vicious glow like she was about to attack me. I was scared, not only for myself but also for Noah. When she tried to tear him out of my arms, he almost slipped through her hands. She didn't seem to care that he could get hurt."

Rena flinched and tried to get on her feet, but Noel's hand was firmly planted on her arm, keeping her in her seat. Another outburst like the last time would likely seal her coffin, but he struggled to keep her under control. I frowned - if she only knew what she looked like to a bystander.

"I have nothing further," Tivon said.

It was Noel's turn to question me, but Tivon had already calmed my nerves by reassuring that there was not much he could do. By attacking me, he would only makes things worse. Evidence like a taped fight was gold.

"Mrs. Parks," Noel began. "Was Ms. Cooper aware that you taped your conversation?"

I glanced at Tivon who gave me an encouraging nod. According to him, I had done nothing wrong. "No, she was not."

Noel addressed the court. "Your Honor, we hereby ask the tape to be excluded under the hearsay rule since both the petitioner and respondent are present for testimony. This is highly prejudicial to my client."

The judge clicked his tongue. "Nice try, Mr. Fallon, and I realize you want to preserve your objection for appeal, but I already ruled yesterday that I'll allow it. Anything else?"

"No, Your Honor." He gave me a curt smile. "Thank you, Mrs. Parks."

I scurried back to my seat and plopped in my chair. My stomach was in knots from my testimony and Tivon must have sensed my distress. His long fingers brushed over the back of my hand and sent a hot flash to the pit of my stomach.

Surprisingly, Noel didn't call Rena next, but that psychiatrist of hers, Dr. Sullivan. I had never liked him and felt he was biased. Rena could piss on his head and he still would make an excuse. If it hadn't been for his testimony, she would have probably gotten the death penalty.

My mind drifted away when Noel started to explore his educational background, thinking back to the first time I had met Ryan. Butterflies had been dancing in my belly and I was immediately taken by his dazzling smile - the same one Brent used to give me when he had tried to avoid me grounding him.

I had been head over heels for Ryan - though marring him was more to spite my parents. They had despised him - thought of him of nothing more than poor scum since his father was only a military man - and had warned me repeatedly about his bad temper. The day they had given me a smug 'I told you so' response when I had confided in them about the abuse had been the last time I had ever spoke to them. Three weeks later, they were dead, killed in a car crash.

Since then, I had never dared to dream about another man - until today. Tivon's closeness made those butterfly reappear that had been hiding in the furthest corner of my stomach. I had to get a grip on myself - and fast - before Tivon caught on. That would be devastating, not only for me, but also for him. Ryan would probably kill us both.

One of Noel's questions brought me back to the courtroom.

"Dr. Sullivan, do you believe that this was Ms. Cooper's usual behavior?"

"No, absolutely not." Dr. Sullivan glared at Marcus of all people who returned a nonchalant smile. "Rena was under a lot of stress that day and in an emotional turmoil. She didn't know that the lawyers had agreed on the additional visit and was stunned when she returned home from therapy and her son was gone." His eyes landed on me, studying me intently while his words sank in.

"Yes, she freaked out," - he finally concluded - "and shouldn't have, but she is only human and still undergoing the healing process of her abuse. She broke under the pressure and in my expert opinion, it was an isolated incident. She is no danger to her son, but a loving mother."

Even without a legal background, I could tell that his words were really damaging to my case.

Rena's testimony was next, and to my surprise, she was very humble and admitted that she made a mistake. She apologized, agreeing with Dr. Sullivan that a slip-up like this would never happen again.

"The Fallons prepped her nicely," Tivon whispered. "This is really going well for her, considering we have the tape."

Though his words were discouraging, I could still not help being mesmerized by his moving lips. They looked soft and gentle.

The judge decided to take a recess after some more legal jumble mumble which went over my head. I took the break as an opportunity to get me some water from the cooler in the hallway and when I returned, Tivon was chatting with Marcus. The way Marcus glared at me a few times gave me the creeps - I was sure he somehow picked up that I secretly had the hots for my lawyer.

When the bailiff appeared in the doorway, I felt relief. The whole hearing had disturbed me more than I wanted to admit.

"Judge is ready."

Everybody stood as Judge Oaks returned to his seat at the bench and hushed us all to order. "Okay, folks, after due deliberation, I do not believe that Ms. Cooper's actions rose to the level of criminal assault or endangerment." His eyes landed on Marcus. "Of course, the ultimate decision whether to bring charges rests with your office, Mr. Forrester, but I will make sure that any arraigning judge will have a transcript of my ruling. If you would excuse us now. As I indicated, this is a closed hearing and your business here is concluded."

Marcus jumped up, a forced smile on his face. "Of course, your Honor. Have a wonderful day."

I couldn't shake the feeling that Judge Oaks and Marcus did not get along when the prosecutor rushed out of the courtroom but the judge continued and I didn't get a chance to ask Tivon.

"Having that out of the way, I agree with Dr. Sullivan that this was an isolated incident and not Ms. Cooper's usual behavior."

Tivon sucked in a deep breath and I was also disappointed that Judge Oaks apparently disregarded the tape. I had hoped that she would at least get a good slap on the wrist. She was beaming with a wide smile on her face, whispering something to Noel before shooting me a nasty glare.

"However," Judge Oaks carried on, oblivious about the display of different emotions right in front of his eyes. "I do believe that Ms. Cooper could benefit from some help since the pressure of raising a small infant, being on probation and going to school might be a bit much for her. Therefore, I will increase visitation at this point."

Rena let out a small cry and Noel was on his feet but the judge stopped him before he could voice his protest.

"I know what you are going to say, Mr. Fallon. I understand that there are still allegations of child abuse against Mr. Parks and I will put a protection order in place until you had your chance to present your evidence at a hearing. Mr. Parks is not to be around his grandson during the visitation unless supervised by Noah's guardian." He turned to Tivon. "Is this acceptable to your client, Mr. Goldstein?"

"Yes," Tivon confirmed though I knew Ryan would hit the roof.

I was pondering whether to say something, but decided that the increased visitation was worth my husband's wrath. He was working a lot lately and would eventually get over it.

"Okay." Judge Oaks opened the file. "Noah will spend every other week from Monday morning to Friday evening with his paternal grandmother which will give Ms. Cooper enough of a breather to focus on school and her counselling. I also want her to participate in parenting classes and order for the DCFS to conduct a home study, both of Ms. Cooper's and the Parks's household. Questions so far?"

Noel immediately was on his feet. "Your Honor, my client is still breastfeeding."

Judge Oaks shook his head. "Sorry, Mr. Fallon, this won't work this time, not after the stunt your client pulled. The alternative is foster care and I'm sure Ms. Cooper would rather avoid that for her son."

With slumped shoulders, Noel retreated by slowly sitting back down.

Judge Oaks gaze wandered to Tivon. "Mr. Goldstein, is your client in agreement so far."

Tivon's grin was from ear to ear, this was a big victory. "We are, your Honor. The only thing we would ask for is that Mrs. Parks will be allowed to take Noah out of the state - home with her to Virginia - during those times."

Judge Oaks nodded. "That's fine as long as Mr. Parks is not around the home during those visits." He stared at me. "And just so we are one hundred percent clear here, Mrs. Parks. If you allow your husband around your grandson after I told you not to, I will not only dismiss your petition and cancel all visitation, but will also make sure that you're charged with child endangerment. I take child abuse very seriously and won't tolerate even the smallest leverage here."

Tivon signalled me to rise.

"I understand, your Honor," I said coyly with my eyes stuck to the water pitcher.

"Wonderful, then we are all aligned." Judge Oaks glanced around the room. "Visitation will commence this coming Monday. We are adjourned."

The knock of the gavel mixed with Rena's low sob when Judge Oaks officially sealed his ruling. Ten days a month of visitation - that was a big step towards custody. My heart was racing in my chest - though I couldn't be sure if it celebrated our victory or was excited about the intense look Tivon gave me when he extended his hand to congratulate me.


Okay - lots of law drama in this chapter, I hope I didn't put you to sleep. Charlotte won a partial victory - she will have Noah for ten days a month but without Ryan. How do you think he will react to the news? And are you fearful for Noah or do you think he will be alright with Char?

Love to hear your comments - we Wattpad authors kind of live for that - and please don't forget to vote if this chapter deserved it. Thanks for reading XD


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