Was forced out due to restraining order. I dont want my wife to leave the state.

[larsenex]

My wife filed a restraining order against me using domestic violence as the reason. I have no history and the accusations are just not true. However I am now under a temporary restraining order till the 19th of March. What I am worried about is if she will leave the state and go to Las Vegas with my 7 year old daughter. Is there anything I can file that will prevent this?

I can give more information if needed.

Thank you.

[mistoffolees]

I would imagine you could. See an attorney.

In the case of OK, there's an automatic injunction in place when you file for divorce that precludes either party from taking the chiild out of state without permission. I don't think that's terribly unreasonable.

[larsenex]

Let me clarify. I am pretty much dirt poor. I work in CA and make 40K a year. I can barely afford a place to live. 40k sound like a lot but I am deep in debt from our previous divorce struggle. Both my wife and I went through a bitter divorce and at the last minute when I had prevented her from being able to vacate with my daughter to Vegas, I felt sorry for her and reconciled. I am the idiot. I regret it, but my intention was to remain a full time father in my daughters life. Now I am over a barrell. I have my job, I have a room but no $, none..nada. I have my vehicle which I am contemplating getting a loan against its pink slip if I can find any place that does such things. In the previous divorce she claimed the same thing as domestic abuse. We had a 730 eval done and it conclusivley shown that I am not and never was an abusive person. This document would help me in the hearing on the 19th in regards the restraining order but I am not able to get it according to my previous lawyer.

Again I am not able to afford legal help. I am in Ventura CA. If anyone has any advice on where to point me to get any help, free, reduced with payments...anything... I would be deeply grateful.


Chris

[Kent]

You need to educate yourself.

First reed this article on false abuse allegations:
http://deltabravo.net/custody/falseallegations.php

Then read this on how to prevent a move-away:
http://deltabravo.net/custody/moving.php

Also, if she has not yet filed for divorce, then you need to file first.
It's great if you can afford an attorney to do this for you, but if you can't afford it, go to the court house, and be nice to the Clerk of Court, and he/she will point you in the right directions which forms to fill out, and then you can file yourself. In most cases there is a filing fee, usually (much) less than $ 300.00

Make sure that in your filings you request that the child is not allowed to move out of the county until divorce and custody is final.

Good luck.

Kent!

[larsenex]

Thank you Kent. That information really helps. I am frustrated and fearful but at least I am informed. We had a divorce case almost three years ago and we had to do a 730 evaluation for just this reason. Terry (wife) had alleged abuse and wanted to go to Nevada. The eval concluded there was no abuse and that there was no basis for it. I have been trying to get the 730 but I am running into a wall. It is protected by the superior court of Orange County and there are only supposed to be 3 copies circulating. Is there any way to request this document? Also in the restraining order against me there really is no evidence but basically what she states. What I mean is there is no physical harm nor any people  who heard/saw anything. It is pretty much what she said versus what I say I guess.

What I am more concerned with, is my daughter. I really want to keep my rights as a father. I know this is another topic but my marriage should have ended long ago. I will file for Divorce ASAP, but I also want to get as much parental rights as I can.


Thanks again Kent!


Chris

[larsenex]

Can anyone point me in the direction for at least visitation forms for my daughter? I am Ventura California. I cannot afford an attorney.  I am heading to the courthouse on Tuesday for some free legal help but I am at a loss on what direction I need to be going. All I want is to keep my daughter near and to see her as much as possible. Does anyone know what forms I should be looking for?


Thanks

[Kent]

Chris,

As far as the false allegations go, that is pretty much what it's all about; her word against yours. And they will believe her.
You need to file for divorce and custody before the DV hearing. When you file for custody, also request the court for a mandatory custody evaluation. DO NOT agree to a Guardian Ad Litum (GAL) instead.
There is a good chance the court will appoint a GAL anyway, but insist that a full custody evaluation is ordered. This will cost you, BUT (and make sure YOU get to pick the evaluator) a good evaluator will see right through her tricks and false allegations.

It would be great if you can get a temp hearing on custody (and have an evaluation ordered) before the DV hearing, since this shows that you are serious about your denial of the allegations. If you were guilty, you wouldn't submit yourself to an evaluation.

Start reading here:
http://deltabravo.net/custody/evaluations.php

And here:
http://deltabravo.net/custody/evaluators.php

And here:
http://deltabravo.net/custody/psychevals.php

And here:
http://deltabravo.net/custody/working.php

And here:
http://deltabravo.net/custody/evallist.php

And here:
http://deltabravo.net/custody/prepare.php

Keep in mind that this is not about you or your wife; this is all about your daughter. YOU need to show that you have her best interest in mind.

Good luck!

Kent!