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need advice with restraining order!!!!

Started by justfrank, Apr 06, 2009, 06:30:24 PM

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justfrank

ok so i had left my baby's mama and we have been separated for a year now ... since we got separated we had a couple arguments regarding my baby but nothing big.... so one week after we got apart she gives physical custody of my baby to her mom(baby's grandma) and keeps her for almost 10 months during that time i would see her any chance i get but since she was 100 miles from me it was hard... so the my baby's mama decides to start working as a stripper and living life like she was 20 again.... i tried to be friends with her cause it would benefit me as far with my daughter... but it didn't work out... so we stopped talking so about 4 months ago her sister moved in with her so she brought my baby back yo live with my baby's mama but she would neglect her and wouldn't take care of her... so i told her that i wanted to keep my baby for a week and she went crazy.... so she went on and got a restraining order which was made up with a bunch of BS but oh well so i go to court and see the conciliation thing so we agree on a lot of things so i was happy, but then the lady read the whole document and asked me to step out so by the time that i was asked to come back in she asked me to sign the papers so i did but to my surprise the papers had been change and i had already signed it... so i couldn't do much .. so next day we show up at court and all the evidence that i had that she was the one that was threatening and calling me names and sending her friends to shoot at me the judge just ignored them and gave me the order to stay away from her for 5 years..... so i was disappointed in mrs justice obviously, so we start the whole visitation days and the first couple of days everything was good but then the person that was chosen to take my baby to me to a ordered location started to came late for more than 1 hr or there has been 3 occasions that she does not take her at all .. so last time this happened i called the aunt and ask her in a nice manner if she was thinking of taking my baby and her response was "oh i forgot i had to take her" so i leave to my closest sheriff's office but being a saturday the courts were closed... so i head home and to my surprise my baby's mama shows up to my door and my baby with her and tells my sister that i was over reacting .... so i leave of course cause i have to be 100 yards from her... so she's there for almost 1-hr... so the next day i pick my baby up and as usual they take care 20 min late and when the time was to take her back guess who shows up to pick her up...... that's right my baby's mama so i don't know what to do i've tried so many ways to be there for my baby but i guess she wants me to not look for my child but she doesn't even want to take care of her .. so what can i do to try to get custody of my child or to get the restraining order taken away so i can get my job back as a guard..... plz any help will be valued!!!!

ocean

Have someone go with you and tape the exchange and her being there. If she shows up at the house, dont open door, call police and tell them she is not supposed to be there, have them write you a report that she is at your house. Then you will have solid evidence for court...I would tape all exchanges for a while..showing the time in your car and when someone shows up...Document all visits and what happens.

justfrank

BUT IF I DO I WOULD VIOLATE THE ORDER THAT STATES THAT I CANT RECORD NOR TAPE HER IN ANY MANNER OR ANYTHING LIKE THAT...

ocean

It states that you cant record it? I would a lawyer and find out because you are recording a pick-up where she is NOT supposed to be. Have someone else record it?
Go back and ask for the exchange to happen at a police station since mother is showing up to pick-ups and your house?

Kitty C.

Better yet, ask for a police officer to stand by, preferably somewhere she won't be able to see him/her.  That way, when she shows up, they can arrest HER for violating the order.
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......

ocean

Great idea Kitty...ask for a police stand by ...say that there have been issues and you want a police witness to the exchange since she showed up last time..