What If Something Happened
Chapter 4
Rafael Barba scanned the SVU squad room as he walked through the door. It had been a quiet and he hadn't been here all week. Dodds was of course busy working on paperwork. Carisi looked like he was studying for class. Rollins and Finn were talking over a case file.
"Afternoon everyone," Barba said as he walked in.
"Counselor, did you miss us?" Rollins joked.
"I don't think it's us he was missing" Finn muttered which earned him a glare from Barba.
"Just need to talk to the boss." He said as he made his way to Olivia's office. Everyone watched him walk in noticing he didn't bother to knock.
Olivia looked up and closed her laptop when he walked in.
"Hey, what are you doing here?" She asked obviously pleased to see him.
"I thought I would take you to lunch." He said with a smile
"Lunch with no case to work on, this will get them talking." She laughed motioning to her team who were pretending to work but had been trying to watch them.
"Sweetheart they are already talking. Now are you going to let me take you to lunch?" He asked leaning over her desk not even attempting to hide his flirting.
"Would I ever pass up lunch with my favorite ADA?" She asked with a grin.
She grabbed her purse and strolled through the squad room.
"Going to lunch try and actually work a little while I'm gone." She said not making eye contact with anyone on her way out.
Barba made a point to shoot Finn a quick satisfied grin as they left and he losley put his hand in on the small of Olivia's back.
Olivia smiled as they rounded the corner from the precinct and she felt Barba's arm wrap around her waist and pull her close. She turned to face him and smiled into the kiss that was waiting for her.
"Miss me?" She asked
"Always, one day I'm going to do that in your office with your whole nosey team watching." He said before kissing her again.
She laughed and pulled him by the arm, "Come on I'm hungry."
"So what's up?" She asked him after they had ordered their food.
"McCoy called me to his office this morning." He started.
Olivia gave him a concerned look, "About us?" She asked
"No, not really," he said, "he wants me to first chair the Vagin trial."
Olivia stared at him Anton Vagin was the head of one of the largest mob families in New York. A massive operation had just taken him down.
"Raf, that's incredible, it might be the most high profile trials this city has had in twenty years."Olivia said knowing that this was a great opportunity for him.
"So you are all right with it then?" He asked her.
Olivia shook her head and smiled at him, "Rafael Barba you have been waiting years for an opportunity like this. I would never dream of asking you not to take it. Don't get me wrong I will miss working with you but I am so happy for you and so proud of you." She said holding his hand.
"It could take awhile Liv, it might be six months or more before I'm back with SVU." He pointed out.
"Raf, if we weren't together would you even think twice about taking it?" She asked him.
"No, but we are and that changes things." He told her honestly.
"Like what?" She asked
"It comes with more risk" He said
"As you have pointed out many times I take that kind of risk everyday." She reminded him.
"We will be fine Raf, you need to do this." She insisted.
"McCoy said if I say yes he's ordering protection for and I quote 'Wherever I might be living."
Olivia looked at him for a second realization beginning to set it. He had officially moved in last month when the lease ran out on his apartment that he hadn't slept in in over three months. "Did you tell him you are living with me and that I'm pretty good with a gun?" She tried to joke it off.
"He said it's nonnegotiable," Barba told her and paused before continuing," And I want Noah to have protection if he's not with us or at daycare If he and Lucy are out I want someone watching him."
"Raf, I think you are going overboard." She told him.
"That part's nonnegotiable for me Liv. These people don't play. I guarantee you that the second I am announced they will know everything about me and they won't hesitate to come after my family. That's my mom you and Noah. You and my mom are two damn stubborn to take it I know." He told her not asking permission. "Protection on the building and protection for Noah when he's out without us, or I don't take the case Liv. "
Olivia sat quietly and for a minute. Part of her wanted to ask him who he thought he was deciding what was best for her son. She already knew the answer to that question though, he was thinking as Noah's father. He was right they were a family even if it was unconventional and undefined. She could not fault him for his concern she had seen enough to know the threats were real. She also knew if she told him she couldn't live with the protection he wouldn't take the case without holding it against her. She however could not live with herself if he did that.
She offered him a half smile, "You drive a damn hard bargain Barba."
He brushed the hair back from her face, "It's part of what you love about me." He said with a smile and a kiss. "Thank you Liv."
"So I guess it's time to officially tell my team before they hear about all the details of our comings and goings from uniformed officers." She said.
"That could be fun at least." He said with a grin.
Back outside the squad room after lunch Olivia took a deep breath before walking in with Barba. "Ready?' She asked and laughed when she saw the delighted look on his face.
"All right everyone I need to fill you in on something." She announced as she walked in.
"Oh really, what might that be?" Finn asked sarcastically earning him glares from Olivia and Barba both.
"McCoy has asked Barba to first chair the Vagin trial, so we will be losing him for a while." She explained.
"Congratulations Counselor" Carisi said first and the others quickly joined in wishing him luck.
"As part a precaution for this case McCoy is ordering protection for Barba and…" she hesitated
"And my family" he said putting his hands on Liv's shoulders.
"There will be uniformed cops on our building and Noah will have protection when he is not with one of us." Olivia added deciding they were smart enough to put the details together for themselves.
Finn stood up , "It's about damn time you guys said something."
Olivia just rolled her eye and Barba stood there looking like the Cheesier Cat. "All right I think you all have work to do, and don't you have a case to prepare for Counselor?"
"Yes, but not before I do this." He said before dropping a quick but purposeful kiss on her lips, causing her team to snicker like children.
Olivia playful pushed him away, "I am surrounded by children." She said before turning back to her office.
BarsonBarsonBarson
Five months Later
Rafael walked confidently out of the courtroom, jury selection was complete and the Vagin trial would start tomorrow. He felt good about the jury and was anxious to get the trial underway. First things first though it was Halloween and he had a newly turned three year old to take trick or treating tonight.
He pulled his phone out to see what he might have missed since lunch break and saw Olivia's text to call her before he left the courthouse. He quickly punched her number and smiled when she answered.
"How did it go? Did you finish selection? "She asked immediately.
"Yes, trial starts at 9:00 tomorrow morning." He told her, "What do you need from the courthouse? O'Dwyer not able to get you a subpoena you want me to try my magic?" He asked feeling confident.
Olivia laughed, "No darling, O'Dwyer is meeting my subpoena needs just fine." She told him.
"Wow, that hurts." He teased, "So what do you need?"
"The preschool called and we need copies of Noah's birth certificate and adoption papers before he can start next week. Can you go by records and pick up an extra copy?"
"Sure, do you want me to pick up dinner on the way home too?" He asked.
"No, I will order Chinese when I get home. I'm leaving here now. Oh, by the way your mom called and wanted to know if she could come with us to take Noah trick or treating." She added.
"My mother called you? Why does that make me nervous?" He laughed as he walked towards the records division. "All right let me get in here, I will see you at home soon, love you."
"Love you Raf" She told him as she gathered her things to leave.
Barba walked into the division and approached the clerk who he knew, "Hey Grace, I need to get a copy of Noah Benson's birth certificate and adoption papers. Birthday 10-15-13. "
The clerk stared at him for a minute, "Do you have a warrant Mr. Barba?" She asked in confused why he would need them.
Barba laughed, "No, Grace, Liv and I have been living together for a while now, we are enrolling Noah in a great new preschool and we need to proper documents. "
"I'm sorry , you aren't listed on any of those documents. I can't give them to you. Lieutenant Benson will have to come get them." She explained, "Unless you can get a subpoena." She laughed nervously.
Barba just looked at her, "I'm not getting a subpoena to get my son's records." He said even though he knew she was right legally he had no claim to them.
"I'm sorry Mr. Barba legally he's not your son." She told him apologetically
Barba turned to walk out his good mood from earlier quickly vanishing. As he stood outside waiting for a cab he flashed back to a night at dinner a few months ago.
It was a rare weeknight that they were all three home at dinner time. When Noah looked at him and asked, "Rafi, how do you say Daddy is Espanol ?"
Barba and Olivia looked at each other briefly before he answered, "Papi, Mi Chicho"
"So you are my Papi?" He asked
The two grownups looked at each other not sure how to answer. Barba smiled at him and answered truthfully, "I would love to be your Papi."
Since that day Noah had called him Papi and Barba had switched to calling Noah Mi Hijo, his son.
He had seen the tears in Olivia's eyes during the conversation but they had never talked about it. They still hadn't talked about it or legally changing any of Noah's papers. Barba now was determined that it was time to have that conversation.
TBC