IN THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA CIVIL DIVISION
|
FREDERICK SHADDOCK, |
CASE NO. 2025-CAB-004804
EMERGENCY MOTION FOR
|
COMES NOW, Plaintiff Frederick J. Shaddock, pro se, pursuant to D.C. Code §
16-1005, § 16-910, Super. Ct. Dom. Rel. R. 65, and the Court's equitable
authority, and moves for an emergency temporary restraining order (TRO) and/or
preliminary injunction requiring immediate restoration of Plaintiff's key fob
access to Harbour Square Condominium Unit S-316 pending the March 6, 2026
hearing or further order. Plaintiff requests an expedited or ex parte hearing
due to ongoing irreparable harm.
I. Introduction & Irreparable Harm
Defendant has deactivated Plaintiff's key fob since September 10, 2025 (with brief restoration October 2025), denying independent access to the marital condominium (Unit S-316). This confinement prevents Plaintiff from:
Leaving and re-entering the unit independently.
Accessing the building gym/pool as ordered by his doctor for health
maintenance
(high blood pressure, sun light, fresh air, daily exercise requirement).
This constitutes physical/mental harm and interference with marital property use.
Plaintiff satisfies the four-factor test for injunctive relief:
(likelihood of success, irreparable injury, balance of harms, public
interest).
II. Factual Background
Parties married January 17, 2001; condo purchased October 10, 2012 (marital property).
Fob deactivated September 10, 2025; brief restoration October 24, 2025; reactivated post-airport drop-off November 29, 2025; deactivated again December 6, 2025 via remote portal.
Plaintiff resides in the unit; doctor's order requires gym/exercise access (Exhibit A).
Confinement causes physical harm (no independent exit & re-entry, denied exercise).
Ongoing mail obstruction to S-316 box exacerbates harm.
III. Legal Argument
Likelihood of success: Condo is marital (§ 16-910); prior TRO shows interference.
Irreparable injury: Health harm from denied gym access; confinement is abusive.
Balance of harms: Defendant suffers none from reactivation; Plaintiff suffers daily.
Inability to open condo garage door with fob to paid-for $155/month spot also deteriorates marital Mercedes Benz which Plaintiff has to park on the street in rain
Public interest: Preserving access to marital residence pending distribution.
No bond requested (pro se, good faith).
IV. Prayer for Relief
Immediate TRO restoring key fob access (exterior doors, elevators, gym/pool).
Preliminary injunction enjoining further deactivation/interference.
Expedited/ex parte hearing (WebEx).
Other relief as just.
Respectfully submitted,
/s/ Frederick J. Shaddock
Frederick J. Shaddock
List of Exhibits:
Exhibit AH - Affidavit of Frederick Shaddock about health impact of fob deactivation by Defendant
CERTIFICATE OF SERVICE
I hereby certify that on this 9th day of October 18, 2025, a copy of the foregoing Plaintiff’s Emergency Motion for Reconsideration and Clarification was served via email upon Robert Case Liotta, Esq. at rcl@ldelaw.com.
Defendant, Oksana Shaddock at OksanaShaddock@Gmail.com
Robert C. Liotta, Esq. (rcl@ldelaw.com)
/s/ Frederick J. Shaddock
Frederick J. Shaddock