How court went today
This is a copy of the post I made in Breakups & Divorce ... figured it's applicable here too. Well, I went today …
Child custody and guardianship are legal terms which are sometimes used to describe the legal and practical relationship between a parent and his or her child, such as the right of...

|
Restraining Order - It's a TRAP!
|
Watch this |
| View More Posts |
Had to put that "It's a trap!" bit in for any star wars fans out there. This is something that just came up tonight that I thought some of ya might enjoy discussing. For my part I already knew right away what my response was/is to this.
Situation - ***** She filed a restraining order (that actually contradicted many things in the unfounded police report) against me and took the child. She did this solely for the purpose of gaining temp custody of the child. Now, restraining orders are very specific and give almost no room to change things. What she wrote (and somehow the judge approved) was that I get visitation every other weekend, and I must pick up and drop of the child at her residence. Problem is that she listed her residence as confidential... So now, come Thursday at the earliest I will be getting an offer to pick up the child at a different location 1/2 way between the homes. Offered either directly from either the ex or her friends or possibly the attorneys. In any case this will not go in front of a Judge to change. ***** My opinion and please add yer own or any similar experiences ya might've had - This goes in all ways against the restraining order and just because me and the child both showed up somewhere at the same time, it's not the same thing as what's spelled out in the order itself meaning I did not go where I was supposed to to pick up the child. For some this might be a non-issue and something that should be done on good faith. However, all my experiences throughout this whole process has been the Ex exploiting any loophole, lying, filing any false reports possible, etc to try to attack or harm me in any and every way possible. Bottom line, I might trust my attorney, but in no way can I ever trust my Ex again. If the judge didn't make the change himself, I will not do anything different other than what was ordered. As much as I want to see my daughter again, in the long run this could only harm our chances of being together again. One weekend isn't worth the next 12 years of being together. If she made a mistake on the restraining order then it is her responsibility to go to court and fix it herself, it's not up to everyone else to clean up her mess in this. -Gil Posted on 07/17/08, 03:07 am |
| 11 Replies | Most Recent | Add Your Reply |
| View More Posts |
It's not uncommon for somen to use the court system to their advantage that way...and even lie through their teeth...same thing happened to my husband...he was not married to his child's mother....everything was fine until I came along...I also had 2 young girls and one of my girls his daughter's age...well the X did not like this one bit....cut off his visitation...we took her back to court for non-visitation...5 mins before court we were handed papers by her lawyer accusing my husband of molesting his daughter??? out of the blue and she knew it was all a lie...she just wanted to be a spiteful bitch to get back at my husband for being with me....well we had to go back to the lawyers office and answer to these bullcrap allegations...they did a child assessment on his daughter...the assessment worker found absolutely no proof of molestation (what a surprise)....children & family services found no evidence at all...the police were not involved...the child was NOT examined by a doctor....this "woman" judge just took that lying witch's word for everything....the judge took it upon herself to take away my husband's rights...just going on this idiot's word...with no proof at all....the child assessment worker was furious that this judge basically threw out her findings on the child...which of course was in my husband's favor...I strongly believe that this judge was biased...being a woman...if we would have had a male judge...he would have charged that lying witch with fraud & defamation of character....it has been almost 15 years since this happened....she was 6 years old at the time....it is sickening what these women can still get away with in court...but one day this will turn around and bite her back...when the child seeks out on her own and finds her dad we will tell her the truth...we have all the court documents and we will let her read them...she will be furious at her so called mother for what she did....what comes around goes around and I strongly believe that....after 15 years we still have hope his daughter will find him....he will not be able to get all those years back...but then we can move on. I am sorry that you have to go through something similar as my husband did....rest assured you are not alone and just continue to do what you need to do legally to keep yourself from stooping to her low life level...I wish you all the best and stay strong for yourself and your daughter.
|
|
|
|
||
| View More Posts |
Work this out with your lawyer and follow all direction on this.
Was the restraining order made permanent for a year?
|
|
|
|
||
| View More Posts |
Your lawyer should insist that she go back to the court and obtain an amended restraining order that makes any agreed upon changes immediately. You are right, do not do anything that goes against the order.
You should request a hearing on the restraining order immediately. If she can't prove what she stated, or you can prove it isn't true, then it will be dropped.
|
|
|
|
||
| View More Posts |
The restraining order is for 1 year.
My attorney is requesting a 1/2 to full day at court to contest it due to the sheer amount of medical/disable concerns, conflicting reports from the other side (even her own court papers contradict themselves), etc. Unfortunately she grabbed onto the 1 thing I can't prove, the physical abuse. She has no proof except for a few witnesses that were either not here or have only recently showed up in the picture. The police report even says there was no marks. Here's what she listed as the "assault" against her - *** he started kicking and throwing things at me then he jumped on top of me started to choke me and hit my face, then he dragged me from the living room to the bedroom *** Keeping in mind I had 3 witnesses there that day, the police report was made less than 24 hours after the "assault" and she told the officer I had hit her in the arm and no mention of the face. As well as after that level of violence that was done to her the officer didn't see a single mark on her. There was a 4th witnesses a few hours after the officer left. It was fully investigated (they even interviewed my daughter) and was closed as unfounded. I can't imagine her going thru even a portion of that level of physical violence and walking away without a mark on her. My only hope in all of this is common sense from the judge. -Gil
|
|
|
|
||
| View More Posts |
In my opinion not fighting lies amounts to admission. I'd spend what it takes. This will be held against you in any future proceedings of any sort.
|
|
|
|
||
| View More Posts |
Ya can count on me fighting it lol. Though with something more than "I didn't do it". I'll have 5 witnesses (one from 5 days after the fact), the police report, the letter stating the charges were unfounded, etc.
The one thing I've made sure of in this whole thing is to counter everything with documentation, files, photo's, and any paperwork I can get my hands on. If at all possible I refuse to be dragged into the "He said/she said" kinda crap. I'm hoping that between that and a bit of common sense that things will work out. -Gil
|
|
|
|
||
| View More Posts |
Transfer went fine, made sure the attorney was aware of everything and she agreed with allowing it, under certain conditions and to be prepared if they violated the visitation.
However, in the middle of her lower back there's 3 red marks just about the size of someones fingers. So after describing what I saw to the on call doc it's off the the ER I got to get her checked out. To ignore it would be neglect, but as I can't make the determination on the marks that's what the ER is for on the weekends. I'm thinking it's possible the marks were deliberate so they could claim after they get her back that I abused her. They've lied about everything else, denied the child access to medical equipment, etc. Wish me luck, or more to the point wish my daughter luck. -Gil
|
|
|
|
||
| View More Posts |
This is awful! I'm glad you checked out the marks, but this situationis untennable.
I don't understand how ou got a restraining order when there was no proof, or maybe I missed something. (Verbal abuse? a "No Abuse" order or more? Yes, fight it, but always with a calm demeanor because if you snap at anything, it will go against you. You should open this up because it's on your record. if you were arrested, it will be on your CORI, so try to get that changed. Just keep your eyes on the future
|
|
|
|
||
| View More Posts |
She said I beat her, she got handed a restraining order, that was pretty much it.
It was confirmed medically, someone had beat on my daughter. Since this this whole thing started I had her for almost 3 months and everything's fine (State/docs/etc checked on her many times) one week with her mother and I'm spending the evening listening to them confirming that it was finger marks across her back. This is now going to the police, child services, as well as the abuse center is making their own "recommendation" about the situation. So basically until I hear from my attorney I have no idea what's going on anymore. -Gil
|
|
|
|
||
| View More Posts |
fight this like you are fighting for your very own life. i hate women that do this shit just to keep control. if you are innocent then fight it. and if the judge takes her word over what is written in the police report, because tht is the only thing that should stand in court, the police report, not something added as she goes along, i would ask for new judge due to current judge not taking poilice report serious. i wonder what the police that wrote the report think about judge not taking the report as written?
|
|
|
|
||
| First | Previous | Page: 1 2 | Next | Most Recent | Add Your Reply |

This is a copy of the post I made in Breakups & Divorce ... figured it's applicable here too. Well, I went today …
I have been separated from my husband for two months I have a court order for child support. They judge gave me the …
Does anyone have experience with custody changing from joint to sole? My DH currently has joint with his ex but she …