A/N: Buckle in, things are going to be rough and this chapter is intense.

40. Battle with Brian

Everything will turn out alright Olivia thought to herself as she stood in front of her bedroom mirror and picked away at the last little things about her outfit. This was the 8th outfit she'd tried on this morning and she really didn't have time to change again. She just couldn't find something that she thought was appropriate for today. There was so much on the line today and she simply couldn't find the right outfit to wear, which was stressing her out. It wasn't actually the outfit stressing her out so much, she was just overfocusing on the outfit she was wearing because she was so stressed about how today was going to go. She was concerned that everything would fall apart today, she'd lose Chloe, and she wasn't prepared for that. Lewis knows what he's doing, Elliot has told you that Lewis has the same thoughts that his team of lawyers do, you're not going to lose Olivia tried to comfort herself. She was under the impression that if she thought something into existence then surely it would happen.

Olivia knew that Chloe could tell something was up today, she'd been extremely fussy and this morning with her had been an absolute nightmare. Olivia couldn't get angry at her though, as she was simply feeding off the energy that Olivia had been emitting. Hopefully everything would be over within a couple of hours, and they could go back to normal. Elliot had taken the day off work, he'd told her that he'd completely cleared his schedule for today, to be with her. He'd also been over for a rather long time yesterday. Elliot and Olivia had simply cuddled up together on her couch, but Olivia had really loved the feeling of Elliot holding her so close whilst she'd confessed all the things she was terrified of happening today. It had only been just over a month or so that they'd been properly in a relationship, but Elliot had really changed her life and he'd changed it for the better. Elliot had promised her last night, that he would be there by her side all day today and they would make sure to get through this together.

Olivia took one last glance at the wardrobe, spotting the dress that she had hanging up for the event on Friday night. She prayed that everything today would go the right way, so she would be able to relax and enjoy that event tomorrow night. Elliot had no idea that she was intending on attending his gala, with him tomorrow evening. She wanted to keep things that way, as she organised all of this as a surprise. Olivia had arranged for Lucy to come over for the night, to look after Chloe, whilst she booked a separate hotel room at Elliot's hotel, where she was already intending to get ready for the event, and then she could invite him back for the night. It would be close enough to his children, so that he was there if they needed him, but they were not in the same exact place as his children, so they could be proper adults.

Olivia had gone above and beyond for this, as she wanted proper alone time with Elliot, like private and alone. A time and space where they could take that next step in the relationship, which she was ready for, and she would be able to give him a proper thank you for everything that he had done for her over the past month or so. Just have to get through today Olivia thought to herself, as she closed her wardrobe, grabbed her shoes from by her bed and went out into the living room. Elliot was going to be here any moment to pick them up and she needed to make sure Chloe was ready.

Elliot didn't know what state Olivia was really going to be in by the end of the day, but he knew that his main focus was going to be spending the day with her. He knew that there were 2 ways that today could go and whilst everyone was pretty confident it would be the first way, there was still a chance it could be the second. Elliot didn't see how a wicked man like Brian could ever get custody of Chloe, but he was prepared to be there for Olivia in case it did. He prayed it didn't. But he was going to be there beside Olivia and for her no matter what.

Bernie had volunteered to take the children to school today, so that Elliot had been able to leave the house with plenty of time to get across to Olivia's, pick both her and chloe up, with time still to get the courthouse. He'd told both of his children that no matter what, to remember that he loved them and placed a kiss on their heads before leaving. It was as if something about today, had triggered his extra need to be affectionate towards his kids. Elliot knew they would be fine at school and he wasn't concerned about them in the slightest, but he just felt the need to tell them that he loved them.

The moment Olivia opened the door to her apartment for Elliot, he could tell she was internalizing a lot and to him, she looked like she really needed him. He gave her a quick kiss in greeting before grabbing the car seat for Chloe as Olivia got Chloe and locked up behind them. Elliot had intended to have Chloe's seat placed on one side of the backseat in the car, so that Olivia would sit in the middle and he could sit on the other side of the back. However Chloe wasn't having that and Olivia wasn't in the mood to have a fight about this. So Chloe was placed in the middle of the backseat, so she could be by both Elliot and Olivia. Whilst Elliot sat on one side and Olivia on the other. The little girl successfully took over most of the attention in the car trip to the court house, though there was a conversation going on between Elliot and Olivia with glances across the backseat.


By the time they got to the family courthouse, Olivia felt even more nervous than she was when they her apartment. This is really happening Olivia thought, taking a deep breath as she got out the car. Elliot tried to be helpful by taking Chloe out of her car but as soon as she could, Chloe was reaching for her mother. Instead, Elliot grabbed Chloe's bag from the back and then took Olivia's spare hand in his, as they walked up to the courthouse. Elliot's driver was going to get a coffee, and wait for Elliot to call when they were ready to leave. Elliot, Olivia and Chloe met Lewis out the front of the courthouse. He explained that the social worker who was appointed for Chloe, was waiting by the daycare in the courthouse. Lewis explained this was where Chloe would be the entire time they were inside the court. All Olivia and Elliot needed to do, was drop her off and when they were finished, that was the same place where they could pick her up from again. Olivia didn't want to let the little girl go but she knew that this was important and the couple went to drop Chloe off, and make sure that she knew, they would be back for her later.

"Mrs Benson? I'm Sasha, I'm the social worker that is assigned to your case. Now, this here must be Chloe?" A young woman stood up and introduced herself as she approached Olivia in the daycare. She looked nice enough, she had to be fresh out of college though as she really didn't have the look to be anything older than mid to late 20's or early 30's at a stretch. Olivia felt Chloe hide her face in Olivia's neck, clinging to her that little bit tighter, when Sasha was introducing herself. Olivia had to admit that she had been surprised by being referred to as "Mrs" but then again, she'd walked in with Elliot. So it was common assumption that when you walk in to a room with a man by your side, that your married – it wasn't right, but it did make sense.
"Nice to meet you and please, it's Olivia. Yes, this is Chloe, she's feeling a little bit under the weather today. Look, Chlo, look at all these toys you get to play with?" Olivia encouraged the little girl out of her neck.
"No toy" Chloe refused.
"Yes honey, look they even have Lego and you love playing with Lego! You're going to get to play with all these nice toys with Sasha whilst Elliot and I just have to go to a meeting but then we'll come straight back and you can tell us all about it" Olivia continued to coax the little girl but Chloe just shook her face into Olivia's neck.
"Momma s'ay" Chloe replied.
"I can't honey" Olivia rubbed a hand up and down Chloe's back as she could tell this little girl really didn't want her mother to leave and Olivia really didn't want to leave but she didn't have a choice.
"Chloe, you and I are going to have lots of fun whilst mommy and daddy have a meeting" Sasha tried her chance at encouraging the little girl but it didn't work. Olivia was a little taken back by the comment of Elliot being the father, even though Olivia had made no mention of it just now. Clearly this woman knew nothing about the case they were going to, but Olivia hoped the comment wasn't shocking to Elliot. The truth was, Olivia hoped that one day, Elliot would be known as Chloe's father, even if he wasn't biologically.

"Chloe, I promise, the minute your mommy and I are finished, we'll come right back to get you and then maybe…if you're good, we'll go for a surprise" Elliot tried to coax the little girl and Olivia just raised an eyebrow at him wondering what he was planning.
"S'pise?" Chloe asked, looking up at Elliot, that had been the winning comment to get her out of Olivia's shoulder.
"We have to go to the meeting first but then, if you're really good with Sasha here, you, mommy and me will go for a surprise" Elliot tried to bargain again. He could see how hard letting Chloe go was for Olivia just now, especially with the little girl so upset and not wanting her mother to leave. The mention of the surprise had made things a little easier though and Chloe started to go with Sasha. Olivia took a moment to make sure the little girl was properly settled before Elliot started to usher her out of the room. The minute Chloe saw her mother out of the door, she got up from where she was sitting with Sasha and started to cry. The little girl ran towards her mother but Elliot just kept encouraging Olivia out of the door, telling her that it would be ok and that they would come back for her when they were done. He held her hand and guided her out of the door, closing it behind them and encouraging Olivia to not look back. It broke Elliot's heart to see Chloe at the window, crying out for her mother and having to keep Olivia walking.

When they were out of the room and away from the daycare area, Elliot pulled Olivia into a hug, pressing a kiss on the side of her head in support. They wouldn't be gone for long and then he really did mean what he said, he was going to take them all out for a treat. This would all be over, Chloe would be where she truly belonged, with her mother and they could properly celebrate the victory.
"I know it's hard baby, but we'll be back with her soon. She's our special little girl and she's not going anywhere…we'll get her back again" Elliot tried to console Olivia who had started to cry into him. He wanted to take back the mention of "ours" as soon as he said it, but it was how he truly felt. He saw Chloe as his daughter, just like Elizabeth and Richard. Elliot didn't even think about the fact she wasn't his biologically, he loved her no different to how he loved Elizabeth and Richard.


Olivia sat next to Lewis at the table on one side of the court room, whilst Brian was projected on the screen infront of them and Brian's lawyer sat at the table across from them. Prison had definitely changed Brian, but it was what he deserved after what he did to Olivia. He's bigger Olivia thought to herself as she took a glance at her ex-lover on the screen. The proceedings had just commenced and Brian's lawyer was currently giving his opening statement on behalf of his client. Elliot sat right behind Olivia, whilst she secretly wished that he could have been sitting in a chair next to her, she didn't feel strong enough to do this.

A letter? Who sent him a letter and informed Brian about Chloe? Olivia wondered as she listened to Brian's lawyers opening statement. The lawyer was claiming that Brian only found out about Chloe when he was sent a letter from an unidentified source claiming that he had a daughter. The letter had no return mailing address and had contained Chloe's birth certificate without the father name written. Olivia had seen the evidence in terms of the letter, but she didn't recognise the writing. The man unknowingly tried to kill my baby when he tried to kill me, who would even think that was father material? Olivia thought to herself as she continued to listen. The lawyer was trying to claim that Brian had a right to be in his child's life, because he was the father. Thankfully though, Olivia knew that her lawyer would go after him in the element of safety, which Brian couldn't defend as he'd already been charged with assault to her in the past.

Elliot could not believe what he was hearing, and what this man was claiming. He had his eyes set on Brian, the man on the screen, the entire proceeding so far. It was clear this man was trying to look directly at Olivia, and Elliot could see she was uncomfortable. From his observations, Elliot could clearly see the man had some kind of obsession still over her and he was glad that he'd taken the seat right behind Olivia. However, nothing of what had already been said in the proceedings today, by Brian and his lawyer, proved that he was father material and deserved custody of Chloe. Elliot had made a mental note as to have this letter further looked into and see whether it was Dani who had sent it in some kind of revenge to Olivia. It was the only logical explanation he could think of but even then Elliot just couldn't ignore the missing link on how Dani would have had contact with Brian or know who he was. Maybe there was more to the story with her, and why she had been so focused on Olivia in the first place.


It was Lewis's turn to interrogate Brian, and Elliot was intrigued to see what kind of angle he decided to take.
"Mr Cassidy…how do you feel about children?" Lewis asked, as he spoke directly to the screen where Brian was currently projected.
"I love children, I have wanted to be a father for as long as I can remember" Brian lied.
"So, you've always wanted children then? Did you and my client ever discuss this?" Lewis continued to question.
"Yeah Livia and I had discussed children when we were together, we discussed how many we wanted and she just wasn't ready to start a family at the time" Brian continued to explain. Olivia could feel the anger boiling up inside her, this guy was spinning so many lies and she wasn't in the mood for it. Stop spinning these wicked lies Olivia thought and glanced back to Elliot quickly for support. Elliot couldn't believe the words out of this guys mouth right now. Sure, he wasn't the perfect father, but he would never ever hurt a child – which could not be said about the man on the screen.
"So, you've always seen yourself as a father and never thought of children as a commitment? Never told anyone that you didn't see yourself as a 'father type of guy'?" Lewis asked and Elliot could see Brian starting to squirm in his seat. He was uncomfortable that he'd been caught out and Elliot knew it.

"I may have said that in my youth…but, I said a lot of things in my youth and I'm a changed man now, I deserve a right to be in my daughter's life, I deserve to know her" Brian tried to explain.
"Interesting, you now wish to get to know the daughter you once tried to kill?" Lewis changed tactics.
"What?" Brian replied, Olivia watched him turn to look directly at her and the shock in his eyes seemed to be sincere but she dind't believe it for a minute.
"Your honor, we would like to present evidence B for the case. A hospital report from the day Miss Benson was admitted to hospital with internal bleeding and 3 broken ribs, in addition to several large cuts. This was after Mr Cassidy had used her as a punching bag to get his anger out and then thrown her through a glass table. Olivia was 8 weeks pregnant at the time and the child very nearly died" Lewis remarked with a slight smirk towards the camera for Brian. Things had definitely turned to Olivia's favour now. The hospital report was so detailed and there was no way that it, along with the fact Brian had lied on the stand, the case could go any way but Olivia's.

Elliot was shocked, he'd not heard this part before. He knew that Brian had been violent towards Olivia, with the couple of stories she'd shared with him. He knew that there had been some serious injuries from a few occasions but he had no idea that there had been times where she had been admitted to hospital because of Brian. He also had no idea that there had been times with Brian that he had hurt Olivia so badly that she had life-threatening injuries. You are never coming near her again Elliot mentally threatened Brian.
"That bitch, she never told me she was pregnant? She didn't show she was pregnant? How was I to know she wasn't lying or manipulating me" Brian growled.
"Quiet Mr Cassidy!" Brian's lawyer spoke up.
"No!" Brian refused before turning himself to look into the camera and Elliot watched, knowing he was looking directly at Olivia.
"Livia…you were pregnant and you didn't tell me? You knew we were having a child when we were together and you didn't tell me?! You stupid bitch! You manipulating whore! You used me to get pregnant, then leave me and not let me even know about the child?! I should of killed it and you when I had the chance" Brian snarled
"That's enough Mr Cassidy!" The judge called.
"No. It's the truth and you know what Livia? No one is ever going to love a witch like you, I'm glad we're through but if you think I'm going to let you keep that kid, even when the case is done, you're wrong. I have my ways, you were never fit to be a mother!" Brian continued his tirade and Elliot could see Olivia was shaking in her seat. He had to get to her, he had to get her out of here and get those wicked words out of her head. None of them were true, he loved her and he would spend the rest of his life showing her if that's what it took.

"Order in the court! Order! Now, Mr Cassidy. If you are to remain here, you are to remain silent or you will be removed from the courtroom" The judge warned.
"How can I be removed when I'm not even there? Stupid protection order prevents me from being in that room and seeing my daughter" Brian retaliated, Olivia could tell he was on one of his tirades now, he wouldn't calm down for hours and when they were together, this always told her she was going to be hurt.
"Enough! Court will take a 10 minute recess and if everyone can control themselves, come back for closing statements" The judge ordered before standing and leaving the court room. The minute the judge was out of the room, the mic on the projector was muted, Brian could say nothing more. Elliot stood up and instantly went over to Olivia, engulfing her in a hug and holding her close. She had to know that what Brian had said was wrong, he loved her and he was never going anywhere.


Elliot guided Olivia by the hand, out of the courtroom, he knew she needed to be with Chloe the most now but they weren't allowed to be near her till the proceedings were over. Elliot just held Olivia to the side of the hall, and whispered into her ear, trying to calm her down and get those nasty thoughts out of her head. He was really glad she wasn't pushing him away right now, she was letting him be her safe place and she was letting him comfort her. A few minutes passed before Lewis managed to make his way over to the couple, Olivia had pulled herself together more but was still a little shaky and scared from the encounter.

"So, that tirade of Mr Cassidy's did him no favours. The judge will not let him join the courtroom again, even via video link. I have spoken to the judge and the other members of the court, the vote is unanimously in your favour and we don't need closing statements. Chloe is staying in your sole custody, she will have the same order of protection placed over her as well. The outburst and threats by Mr Cassidy will be taken to his parole hearing in a couple of weeks, so its unlikely to do him any favours in that department. Now, Sasha is going to meet you back at the daycare with Chloe, and you can take her home. I will make sure that there is no validity to the threats Brian has made and place the extra measures of protection over you for at least a week or so, until things settle down again" Lewis explained and Elliot pressed a kiss to Olivia's head, it was an open show of affection that she probably didn't want from him but he was so happy for her.
"Thank you Lewis, thank you for everything" Olivia said as she hugged the man in gratitude.
"Anytime, now go get your adorable little girl and take her home" Lewis said before bidding the pair one final farewell and heading towards the entrance to the court again. Olivia and Elliot turned to head towards the daycare, to get Chloe. They had won the case but Olivia still didn't feel like it was a victory, she felt more unsettled than she had at the start of the day. Elliot was determined not to let these two out of his sight for now – he didn't trust Brian.

The minute Chloe saw her mother, she stopped what she was doing and ran to the woman, who instantly held her daughter close, breathing in that familiar scent of the little girl. Elliot thanked Sasha and made sure to grab Chloe's things together. Today had been far too much of a close call for everyone, there were emotions all over the place and Elliot was just focused on getting everyone home safe and sound.
"Alright my girls, now how about we go get some ice-cream and head home for a movie?" Elliot offered as they left the daycare room.
"Ic-eam?" Chloe asked as Elliot nodded.
"Sounds good to me" Olivia agreed, as they headed out of the court house and down to where the car was already waiting.

A/N: Well Chloe is staying where she's supposed to be but is this the last we see of Brian? Elliot has been the knight in shining armour to protect Olivia and Chloe but will he get some kind of reward for it? What's next for our loved up favourite couple? Well guess you'll have to wait and see but i can tell you that things are starting to heat up for them. They've been so tame but maybe the gala will change that?
Leave me a review and let me know what you thought about this chapter or what you want to happen next? I love to read all your thoughts on this story and hope even though the updates are kind of slow, you're sticking with it. I keep planning out where this story is going to go to wrap it all up but everytime i write, it just gets longer. For those wondering though, this story won't be ending just yet (too much still to come in the storyline) but i've started to plan out rough ideas for a sequel...so even when this story does end, i'll probably write a sequel. Anyway, thanks so much for all you do and let me know your thoughts on this chapter in a review!

Until next time ;)