Miriam Kolodny has seriously defied Shulchan Oruch by going to Arko'oys and bypassing Bais Din. There have been all sorts of excuses for this process, that she has a heter(permission), that she doesn't need a heter because she has a certain claim (choyv borur), that the Bais Din her husband has chosen is anti-women and that she only went to court for an Order of Protection and not for money i.e she made no monetary claims against her husband in secular court.
Here are some of the facts which can easily be verified by anyone seeking the truth (mevakesh ho'emes). Miriam Kolodny moved out of the marital residence and was oyver mesirah at the same time by making false allegations against her husband. She got a stay-away temporary Order of Protection against her husband on September 9 and also asked the Family Court to rule that he should pay child support on the same date i.e. she did in fact ask for money. There is no choyv borur here because there is no guarantee that the court s will rule that she will be awarded custody. Furthermore, the amount of the support is unknown so it certainly is not a choyv borur.
She subsequently went to Bais Din Tzedek Umishpot located on Livingstone Street to ask them to intercede in ensuring that her husband give her a get. This Bais Din sent one Hazmonoh. When this Bais Din was informed that Miriam Kolodny, on the advice of Mr. Moses Kolodny, was in secular court and that her husband was prepared to go to the Bais Din called Shaar Hamishpot with Dayan A Gestetner as its head, this Bais Din immediately backed off and realized that Miriam Kolodny had lost the right to litigate in Bais Din, given her status as a Marsha'as and mechaleles sheym shomayim u'meiries yoda neged Toras Moshe Rabbenu.
