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Author Topic: PPO stands, no proof given  (Read 2881 times)

asof2005

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PPO stands, no proof given
« on: Nov 06, 2009, 09:49:28 AM »
Well, things did not go in our favor today.  The PPO stands but slightly modified, he has to stay 75 feet away from her but if they are at a school function or something, if he is there first, she cannot approach him to violate the order. 

I thought the judge was going to ask her to prove why she is in fear for her life?  I thought if DH said there were numerous untruths in the affidavit, that the judge would turn to her and ask her to prove why and what he has actually done.  He did none of this, the actual PPO was not looked over or points on it were never spoken about.  They just rushed them through it and he left.

DH is now planning on getting a lawyer for when the PPO expires in February.  We are worried she will make it permanent, and since she didn't even have to say anything , will they make her prove the things she said he has done?  She doesn't have incident reports, charges against him, nothing, and in the previous 14 years before she lost in court, there was never a domestic disturbance or accusation.  (Except when she hit him twice and he just left instead of calling the police).  Basically, I thought for the order to stand she had the burden of proof and just her saying whatever she wants wouldn't be enough for a final decision.


ocean

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Re: PPO stands, no proof given
« Reply #1 on: Nov 06, 2009, 05:05:09 PM »
Did they say how visits will work or how they are allowed to communicate in regards with the children?

asof2005

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Re: PPO stands, no proof given
« Reply #2 on: Nov 06, 2009, 05:49:04 PM »
no it is the same as before the PPO, the phone calls are hard to interperate because he isnt allowed to call her but he can leave voicemail for the kids.  that hasnt been a problem yet

MrCustodyCoach

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Re: PPO stands, no proof given
« Reply #3 on: Nov 11, 2009, 10:33:24 PM »
More restraining order abuse sanctioned by the court.  So, if you call the kids and leave a message you're not in violation of the order?  What if she decides to pick it up?  You go to jail?

Sorry for you, but I wouldn't be calling her house, even for the kids, if there was a risk going to jail.
Mr. Custody Coach - Win Child Custody "Better Prepared, Better Outcome"

*The opinions in this post are solely my own and do not represent the only way to address any particular issue.

Mom0f3

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Re: PPO stands, no proof given
« Reply #4 on: Nov 12, 2009, 09:36:25 AM »
These PO are a frickin' joke if you ask me.  A woman can almost 10 to 1 walk before a judge and get one of these without proof of anything.  It doesn't seem to even phase a judge if there have been other orders seeked that were dismissed or even drop by the same woman.  And when in turn you try to get one to protect your child from the mother they overlook everything and tell you to go to family court.
 
IMO your PO seems a little rash in trying to make contact with the child.  If there is a school event you want to attend you better get there first thing in the morning and spend all day with the child watching them work in the class otherwise you just might not get to stay.  And not even phone contact to the mother, how else do you get to the child?
 
I've been in this same boat with my DH and his exGF.  She lied her teeth out to get a PO even though she was the one who took off with the child and we had to do our own PI work to find her.  Yet my DH was in the wrong for wanting to see his son that she took off with after not seeing for over a month.


asof2005

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Re: PPO stands, no proof given
« Reply #5 on: Nov 12, 2009, 04:56:38 PM »
Yeah, I talked to a lawyer and she said we should fight it before it comes up in Feb, because (just like I thought) they might pull the "well, its worked and kept her safe so far, so we might as well keep it".  I like the idea of using a female lawyer against this woman, but the lawyer also suggested I look at others too since we have never hired one before, I wonder if that is good or bad that she suggested that?

 

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