Gray Mountain: A Novel(37)

“You’re a pretty good bully yourself.”

“I’ve had practice.”

“When did you prepare the lawsuit?”

“We keep them in inventory. The file is actually called ‘Dummy Lawsuits.’ Just plug in a different name, splash the words ‘Federal Court’ all over it, and they scatter like squirrels.”

Dummy lawsuits. Scattering like squirrels. Samantha wondered how many of her classmates at Columbia had been exposed to such legal tactics.


At two that afternoon, Samantha was sitting in the main courtroom of the Noland County Courthouse patting the knee of a terrified Phoebe Fanning. Her facial wounds had now turned dark blue and looked even worse. She had arrived at court with a thick layer of makeup, which Annette didn’t approve of. She instructed their client to go to the restroom and scrub it off.

Once again, Randy Fanning was driven over with his escort and entered the courtroom looking even rougher than he had two days earlier. He had been served a copy of the divorce and appeared perturbed by it. He glared at his wife, and at Samantha, as a deputy removed his handcuffs.

The Circuit Court judge was Jeb Battle, an eager youngster who looked no more than thirty. Since the legal aid clinic handled a lot of domestic work, Annette was a regular and claimed to get on well with His Honor. The judge called things to order and approved a few uncontested matters while they waited. When he called Fanning versus Fanning, Annette and Samantha moved with their client through the bar to a table near the bench. Randy Fanning walked to another table, with a deputy close by, and waited for Hump to waddle into place. Judge Battle looked closely at Phoebe, at her bruised face, and, without saying a word, made his decision.

He said, “This divorce was filed Monday. Have you been served a copy, Mr. Fanning? You may remain seated.”

“Yes sir, I have a copy.”

“Mr. Humphrey, I understand a bond will be set in the morning, is that right?”

“Yes sir.”

“We are here on a motion for a temporary restraining order. Phoebe Fanning is asking the court to order Randall Fanning to stay away from the couple’s residence, the couple’s three children, Phoebe herself, and anyone in her immediate family. Do you object to this, Mr. Humphrey?”

“Of course we do, Your Honor. This matter is getting blown way out of proportion.” Hump was on his feet, waving his hands dramatically, his voice getting twangier with each sentence. “The couple had a fight, and it’s not the first one, and not all fights have been caused by my client, but, yes, he was in a fight with his wife. Obviously, they are having problems, but they’re trying to work things out. If we could all just take a deep breath, get Randy out of jail and back to work, I feel sure these two can iron out some of their differences. My client misses his children and he really wants to go home.”

“She’s filed for divorce, Mr. Humphrey,” the judge said sternly. “Looks like she’s pretty serious about splitting up.”

“And divorces can be dismissed as quickly as they are filed, see it all the time, Your Honor. My client is even willing to go to one of those marriage counselors if that’ll make her happy.”

Annette interrupted: “Judge, we’re far beyond counseling. Mr. Humphrey’s client is facing a malicious wounding charge, and possibly jail time. He’s hoping all of this will simply go away and his client walks free. That will not happen. This divorce will not be dismissed.”

Judge Battle asked, “Who owns the house?”

Annette replied, “A landlord. They’re renting.”

“And where are the children?”

“They’re away, out of town, in a safe place.”

Other than a few pieces of mismatched furniture, the house was already empty. Phoebe had moved most of their belongings to a storage unit. She was hiding in a motel in Grundy, Virginia, an hour away. Through an emergency fund, the legal clinic was paying for her room and meals. Her plans were to move to Kentucky and live near a relative, but nothing was certain.

Judge Battle looked directly at Randy Fanning and said, “Mr. Fanning, I’m granting the relief asked for in this motion, word for word. When you get out of jail, you are not to have any contact with your wife, your own children, or anyone in your wife’s immediate family. Until further orders, you are not to go near the home you and your wife are renting. No contact. Just stay away, understood?”

Randy leaned over and whispered something to his lawyer. Hump said, “Judge, can he have an hour to get his clothes and things?”

“One hour. And I’ll send a deputy with him. Let me know when he’s released.”

Annette stood and said, “Your Honor, my client feels threatened and frightened. When we left court on Monday, we were confronted on the front steps of the courthouse by Mr. Fanning’s brother Tony and a couple of other tough guys. My client was told to dismiss the criminal charges, or else. It was a brief altercation, but unsettling nonetheless.”

Judge Battle again glared at Randy Fanning, and asked, “This true?”

Randy said, “I don’t know, Judge, I wasn’t there.”

“Was your brother?”

“Maybe. If she says so.”

“I take a dim view of intimidation, Mr. Fanning. I suggest you have a chat with your brother and get him in line. Otherwise, I’ll call in the sheriff.”