BM Got a bogus restraining order, what now?

[evalisto2005]

My father went to pick up my son for me today because I was busy.

He called my cell and said that Bm was waiting there with a pig that wanted

to serve me papers. There's a temp. order that keeps me from making

contact with BM and my son, I haven't been served yet though.

BM told my father that I said I would kill her, that it would take dental records

to identify her, that I call her hundreds of times a day, blah blah blah.

None of that is true.

The pig told my father that her order voids my order for visitation. My lawyer

for our custody case, a criminal lawyer, and a lawyer that handles mainly

restraining order cases said that that order can NOT void my court orders for

visitation or anything else. Of course they told me to watch my behind

though.

I had BM start to meet me at a pig station for pick up and drop off. At that

station BM started crying to my father and said that if I had visitation with

my son I would take him to a doctor because he's sick with pneumonia, is

getting worse, and if I took him to a doctor it would prove that she's

negligent. That's why she doesn't want me to have visitation. She won't

take my son to a doctor for anything unless she thinks he's about to die.

I have 100% proof that BM made many false reports in the past about

death threats and even paid an ex of mine to get b.s. orders against me

and tried to have that ex frame me for domestic battery, attempted

murder,

and murder of an unborn child that never existed (when that ex was on

my side she forwarded BM's voice mails to me that talked about trying to

frame me).  I was never even question about those b.s. allegations.

1) If the pigs say the b.s. order voids my orders and they're wrong and

won't take a report for unlawful visitation interference, what can I do?

2) Is it worth having video and audio of BM's break down and lies at the

pig station brought into court, or at least obtained in case that info needs

to be added to other allegations?

3) BM left me voice mails telling me to call her and was screaming at me

after she got this b.s. order. Doesn't the eveidence that I have say

something? When BM had another ex of mine lie I noticed that judges that

handle order of protection cases do NOT want to hear much from the guy

and my evidence is complete overkill.

This is not about revenge. I'm not like that at all. But she broke the law

and should be arrested and put in her place. If I did what she did I'd be in

jail.

[MixedBag]

O.K., let's be CLEAR.

BM is trying to get a restraining order on you.  When you shared that the police officer tried to serve you, that means it's not a done deal.

(BTW -- DH is a police officer....so I prefer to stay away from pig)

I'm thinking to go down and request a mutual restraining order against her based on harassing communications.  

THEN buy a phone with speaker phone capability and hopefully when she calls, put it on speaker phone so you can have a witness that can say "yep, I witnessed this."  

In the mean time, take someone with you for exchanges.  Carry a pocket sized recorder.

Request civil standby from the police department.

I agree with attorney -- and when you're present for having the request heard, tell the judge that you'll agree to stay away from her because you have NO DESIRE to be near her, BUT you want an exception for times where you exchange the child.  It should be the same way for her.

ask the judge to restrain her communications with you down to only written via mail, unless she's sitting with the child in the emergency room, or use her attorney.

 

[4honor]

LE= Law Enforcement.

Pig= Barnyard animal served best with eggs and toast in the morning or with BBQ sauce in the afternoon/evening

[hagatha]

Sirst and foremost STOP referring to police officers as pigs. It is offensive to a great number of our members here and to me personally.

Second, you need a copy of the restraining order. Read it carefully. If the order includes your son, then by that order you are now restrained from contact with your son. The officer was correct, that order does viod a visitation order and the police will not take a report.

Third, she told your father son had pneumonia and it was getting worse and was afraid you would take him to th doctors. Did any officer hear that? Remember this is only a temp order and you need to have a full hearing before this restraining order becomes final. You need to go to th hearing and present this evidence.

And lastly, reading your posts give me the impression you are very very angry. So this piece of advise is the most important. Loose the anger or you will loose your son!

The Witch



Remember . . . KARMA is a Wonderful Thing!!!!!

[MixedBag]

don't you still have to be served and have a hearing BEFORE any kind of restraining order can be put in place?

[lucky]

Ex Parte restraining orders can be issued if the Judge feels that there is truly a threat.

Lead your life so you wouldn't be ashamed to sell the family parrot to the town gossip.
- Will Rogers[em]

[determined]

According to a retired Judge in MA, such ex parte orders were "handed out like candy".  

[lucky]

YEP, they were, probably still are to some extent.

[em]Lucky

Lead your life so you wouldn't be ashamed to sell the family parrot to the town gossip.
- Will Rogers[em]

[evalisto2005]

I didn' mean to offend any one with what I said. I'm sorry.

The lawyer that's handling this case is going for an emergency order to vacate this OP. I'm out on bond for harrassment by telephone against BM's mom and part of my bond stipulation says that if I make any threats to any one in the home, I will have no bond and will sit in jail. I was not served yet and am staying with my family since b.s. reports will be made saying that I violated the order. My
lawyer said that as long as I'm not served, I can't be charged a (or at least not convicted) of violating the order.

I found out that Bm said I threatened to murder my son!

Yes, OP's get handed out like candy. In my state you need no evidence at all. You'll get a temp. OP if you want to.

The lawyer for this case is talking to my lawyer for my custody case and is maybe going to instruct me to get an emergency order against BM in her county. It can't be granted now though because she was one against me.

Yes, I found out thatb her order does over ride mine. But this is crazy, has been going since beforemy son was born, and is killing my family financially and emotioanlly. It's killing my son too. I have to log off the finish typing things for my lawyer but I'll be back when I can. Thanks for all your comments and I apologize for the one comment.

[Davy]

"Your statement :

>Ex Parte restraining orders can be issued if the Judge feels that there is truly a threat. <

Should read :

>Ex Parte restraining orders WILL be issued if SHE ASKS <

Typically it is one of the first actions taken by an attorney representing a female.  It is a means to an end.