SPARC Forums

Main Forums => General Issues => Topic started by: dad5629 on Dec 17, 2012, 07:07:56 PM

Title: abuse of orders of protection in Missouri
Post by: dad5629 on Dec 17, 2012, 07:07:56 PM
Hi, my name is Henry and I'm currently going through a very nasty divorce, this has been going on since September,I have had an order of protection filed against me by my wife and at the present time she's seeking an extension of it, she has also filed a contempt of that same order by making false police reports that have all been unsubstantiated there hasn't been a hearing set on the extension because I have yet to be served, but almost every week she has made like I said some sort of allegation through her attorney that she can't prove and I don't know how to combat this and it doesn't help that she lives in close proximity to where I live now...She's even violated her own order by coming over to my house and I had to threaten to call the police to get her to leave on the day of my visitation with my daughter.My attorney advised me not to call the police and I like a fool listened to him. since then to cover her behind on that on the day we were to appear in court for a settlement hearing she called the local police and made a false report saying that I was sitting in front of her home at 5am in the morning on the day we were supposed to be in court so that she could get an extension of the order and make a case for contempt of the order. There's more What recourse do I have to use in my defense?
Title: Re: abuse of orders of protection in Missouri
Post by: ocean on Dec 17, 2012, 07:59:52 PM
It is a pain but cover yourself at all times. Bring a friend with you for visitation pick-ups and have them at least audio tape it/video it. Ask for the pick up place to change, can you pick up from the kids school/daycare and return them there? If they are old enough to walk, you can say that you will meet in the police parking lot (they tape their lots) and she is not to get out of car, kids get out and walk to you, you put them in car. OR if she is really afraid, she has someone else do the exchange. Many divorces go this route and judges have seen it over and over.

Many times divorces take over a year to settle if you have to go to trial so this may be for a while. Get a very detailed parenting plan on exactly when, where, and how you are to get the kids (exact times, places, and dates when possible).

Your lawyer can offer a detailed pick up/drop off plan and added statements to protect both of you and then you can drop the RO "both parents will not visit each others houses or places of employment unless it is an emergency with the children". "Since both parents live in same area, if/when they are in the same place, they will refrain from speaking to each other but both parties are allowed at public places and children's school/activities".
Stuff like that...
Title: Re: abuse of orders of protection in Missouri
Post by: DadsCrushed on Dec 19, 2012, 03:38:27 PM
The court will eventually see her true colors; let the psycho play this out. Most protective orders are issued ex parte but at court they must prove beyond the preponderance of the evidence. Also the contempt she must prove willful disobedience. If she says you are parked outside does psycho have pictures? I would advise you to now contact social services and reqeust that they NOT expunge any records because more than likely mother of the year will start filing false abuse allegations. This is the normal patter of mentally ill women.