Dad stuck in jail for violating restraining order before being served?

[sil]

In a nutshell:

Dad looks after kids for 18 months. The original temp custody order was to BM, however she had enough after 1 month and gave them to him. The temp order has expired 6 months.
BM files 1st RO for 'abuse' (after agument about her going through his things and stealing photos & etc) and takes kids for a month, refusing to let them talk to Dad/see him.
1st RO gets thrown out.
Next day BM files 2nd RO in another county.
Next day Dad sneaks kids out of her home.
Next day Dad gets served with papers for 2nd RO.
BM not happy of course, but Dad is willing to do supervised visits.
5 days later BM files violation of 2nd RO, and he gets picked up. Kids taken by their BM after writing 2 pages each of what kind of abuse they believed to have had at the hands of their mum.

He is in county jail, no bond, has to stay there now for two weeks til the court date. In Florida they don't let you out, it seems!

So, what is the go here? I thought papers were only valid when served?? Can someone explain this to me?

edit: ps hello =)

[flewwellin]

You have a very good question.  It is scary that this could happen to a father who is just trying to take care of his kids.  What he needs to do is file for custody change not a temp.  this woman is a nut job!

[sil]

He was ploughing through divorce paperwork before they took him away, but hasn't finished it.

The worst part is BM knew exactly what she was doing, and knew he would be on no bond until the court date. He also looks after his mother who is infirm, and she is home alone.

Until the court date there is no way Dad will be able to see/speak/hear from the girls - he can only call out collect or receive/write mail, and you can guarantee BM won't take those calls, or let the girls write to him or give them their mail.

Dad lives for his kids, the month of previous RO was hell for him only able to get calls from the girls when they stole into the bathroom with the phone. Now he is behind bars for violating a RO he didn't know about. The law is an ass, my friend!

[flewwellin]

Yeah I have noticed from experience with my husband and his ex wife that the law is one sided and if you are a man you are screwed royally!!  Which sucks , because 9 times out of 10 the non custodial parent is the one that is actually a more fit parent!!  This woman is crazy and I truly feel bad for this man!  I wish there were more I could do to help father's out there.  In my local area there wasn't anyone that was for the fathers.  No father's rights groups, no help with legal aide in regards to family custody, visitation, etc. they just dont' want to think about it.  And that makes me sick.  

[c_alexander]

The moment he snuck the kids out of the house he screwed himself. Technically thats considered kidnapping... It is stupid cause it's his own kids, but the idiots that run this country seem to think they can dictate such things to us. At this point I don't know what would happen, but I would suggest getting the BEST lawyer you can find. I know they are expensive...should be a law against them charging so much but I digress....but it will be FAR more expensive in the long run if you don't have a lawyer willing to fight for you. They are a rare thing anymore as most lawyers are only out to line their pockets, but a few can still be found.

Good luck

[MYSONSDAD]

I find this rather interesting. In most cases involving RO's/OOP's, it only takes one party to go before the Judge to get it signed. The other party, who is being restrained, is not notified until the Order is served.

[sil]

You know I thought that too, and was very uncomfortable with the idea.

Anyhow, he went before the judge after he moved to the warrant county, and is held on no bond til the court date. So he has been stuck in there a week waiting to see if he would get bond, and now a second week he has to wait til the court date.

It's a horrid situation. He can't call his mother at home, he can't call me, he can't organise funds for his lawyer from jail becuase he can't call his mother or me. And of course, we can't contact him.

The original post I sent him with numbers etc got waylaid at the original county and was returned, so he never saw it. I am sending it again to the warrant county and hopefully he will get it before the court date!

[FL_48603]

>>Next day Dad sneaks kids out of her home.<<

Frowned upon no matter what.  Sneaks implies knowledge aforethough of correct and incorrect action, self incriminating.

>>Next day Dad gets served with papers for 2nd RO.<<

Judge will likely consider the child abduction in light of other allegations in RO.

>>BM not happy of course, but Dad is willing to do supervised visits.<<

Supervised visits should always be the last resort.  A father needs to protect the children from the emotional abuse of seeing him as a culprit or needing to be "watched".

It is the wrong signal to send our children that we men and father's are under the heel of a system where we are actually upright, law abiding citizens.

>>5 days later BM files violation of 2nd RO, and he gets picked up.<<

How did he get picked up?  If it was merely for the RO, then in court he must 1. fight the RO; 2. plead not guilty to any charges; 3. request that RO be granted him against the mother because of her frequent and beligerant harrassment as in her frequent filing of frivolous restraining orders; 4.) AND request that the arrest be expunged

>>Kids taken by their BM after writing 2 pages each of what kind of abuse they believed to have had at the hands of their mum.<<

The kids were taken by their mother after an account of abuse by the mother?

>>He is in county jail, no bond, has to stay there now for two weeks til the court date.<<

Two weeks till freedom, then he can use the time served and the fact that he was frivolously put in jail by a maliscous divorced mother, and in fact with the persumption that he can show that this was done mlisciously and without grounds, she may do time the next round.

But remember, the kids are the ones suffering the most.

>>In Florida they don't let you out, it seems!<<

There may be extenuating circumstances?

>>So, what is the go here? I thought papers were only valid when served?? Can someone explain this to me?<<

She may have alleged child abduction when he "snuck the children out".  No matter what, when a mom cries foul the system lavishes the ooprtunity to throw a dad in jail... it's how the system is built and it is a sham.

Time to change the system!