Ex got an emergency CPO and wont allow visitation

[jcs904]

A week ago my ex was given an emergency civil protection order against me stating I have been following, calling and generally harrassing her.  She also had her car broken in to in front of her parents house and her radio stolen which she is claiming was done by me.  First of all I pulled all of my phone records for the past two months and it showed that I called an average of 12 times per month (to talk to my two daughters which is court allowed).  I'm not following her (I have more important things to do) and I certainly didnt vandalize her car (and I'm sure she has no way to show I did).
At any rate we went to court yesterday and with tears she told the judge she didnt have an attorney and needed more time to get one so he gave her a 2 week extension on the CPO.  
My problem is that she is using the CPO to frustrate my visitation with my daughters stating I cant come near her to get the kids or I am in violation.  I beleive the reason she got the CPO was out of anger over me filing for a modification of our shared parenting agreement (we had a year long agreement that I had the kids every weekend since those were my days off work and her days off work were during the week.  She decided she wants them every other weekend even though she works every weekend, and there were a few other things as well regarding schooling and verbal abuse.  I just want to see my kids more than every other weekend).
I am unsure how I can get my kids when I am supposed to without violating the order.  She has a habit of going to extremes so I am worried that I may end up with the police coming out just for me trying to see my kids during the times the courts say I can.
Any suggestions?

[Stepmom0418]

I would call the local police and ask them if they could assist you in picking up your children.

Explain the situation and ask them to go to the door and you can stay in your car.


Heres a question for you....

1 Does the CPO say in it you get visitation?

Usually the CPO will say that it takes the place of any current order.

2 Do you have an attorney?

If not I would find one fast you are going to need one!!

[wendl]

Does the RO have anything in there that the protective orders are for the children as well IF NOT then you still have the right to see your children.

I had a restraining order against my ex however it had nothing to do with my son, he was still entitled to see our son.

So double check your restraining to see if it says anything about you not being able to be in contact with your children.

:)

**These are my opinions, they are not legal advice**

[jcs904]

The CPO doesnt say it takes the place of any previous order.  I read from my local counties website that the original order stands with regards to custody and visitation so I know I should eb able to get them I just dont know how to do it without violating the order.

I actually called the police dept and was told they only help the victim in the CPO.  I cant imagine thats correct given the circumstances here so I may try again later.  I just hate having an officer escorting my children to me but if there is no other way... I suppose I'll have to do it.

I did get an atty so hopefully things will start to improve in some way once the court dates start rolling around.

Thanks for the reply!!!

[Stepmom0418]

GOOD for you about getting an attorney!!!

What does the attorney suggest you do about picking up your children?

The police CAN do a civil stand by and help you get your kids so dont let them pull your leg. They dont like to do it alot of times but they will. Keep pushing!!!

Good Luck to you and your children!!

[wendl]

When I had an RO on my ex, he would have his mother or sister come pick up our son for visitation.

You could write a friend a letter authorizing him/her to pick up child on yoru behalf due to not wanting to violate current RO against you.

Then if Ex denies visitation have your friend write a statement regarding this.


**These are my opinions, they are not legal advice**

[jcs904]

My atty suggested calling my ex's mother since she wasnt included the the CPO (my ex and children live with her parents and brother now) or calling the police to assist.  

I havent been able to reach her today since not getting assistance from the police and her mother doesnt want to get in the middle of it.  

I'll just keep calling until I get an officer at her door.

Thanks again!

[jcs904]

The CPO doesnt not include the children.  Only my ex.

Thanks!

[jcs904]

The RO also said I cannot send anyone on my behalf (or make calls on my behalf) so I am worried that would also violate the order.

I tried to work with her mother but she is trying to stay out of it.

[wendl]

Does the RO say that you cannot send anyone on your behalf to get the kids, it sounds like the RO states you may not send or have anyone call MOM On your behalf, doesn't say you cannot send someone on your behalf to pick up the children for your visitation. Basically its a NO CONTACT order that you may not contact MOM.

Thats two different things, if you send someone on your behalf to pick up the kids, its not to talk to or  be in contact with mom, its to get your children for visitation.


Post to Soc and see what he says " tell him EXACTLY what the RO says"