Defending DV Allegations by CRAZY Lady

[SunnyJC925]

What is the name of your state (only U.S. law)? California

My fiance's ex-girlfriend made false DV allegations against him in an attempt to gain custody of their son. She was proven a liar in family court and eventually dropped the DV claims in family court. The judge specifically noted in the court records that the woman was not credible, her witnesses were not credible and she repeatedly perjured herself in court. As a result, my fiance was awarded primary custody of their son (a breast feeding infant!).

Criminal charges are still pending and my fiance has been following the letter of the law so he doesn't jeopardize custody. Unfortunately, the woman is constantly harassing him - verbally abusive, tape records the pick-up and drop offs with a cell phone, sends him emails, texts, etc. She even showed up to a criminal proceeding stating she was frightened of my fiance and begged the judge to make it so she never has to see "that man" again. My fiance never speaks to her, acknowledges her or responds to any of her phone calls, texts or emails.

Today, my fiance received a birthday present from the woman - delivered on his doorstep. She had carefully selected photos from their life together and the baby's first year of life, and had them bound into a photo book, with personally drafted captions and all.

My fiance and I find this VERY DISTURBING! This woman's bizarre and erratic behavior is very frightening. Can / should the photo book be used as evidence in the criminal proceedings to show that the woman is unstable? Does my fiance have a leg to stand on with regards to getting a restraining order against her? We're totally lost on what to do about this. Please help.

Thank you!What is the name of your state (only U.S. law)?

 

[Isis1]

What is the name of your state (only U.S. law)? California

My fiance's ex-girlfriend made false DV allegations against him in an attempt to gain custody of their son. She was proven a liar in family court and eventually dropped the DV claims in family court. The judge specifically noted in the court records that the woman was not credible, her witnesses were not credible and she repeatedly perjured herself in court. As a result, my fiance was awarded primary custody of their son (a breast feeding infant!).

Criminal charges are still pending and my fiance has been following the letter of the law so he doesn't jeopardize custody. Unfortunately, the woman is constantly harassing him - verbally abusive, tape records the pick-up and drop offs with a cell phone, sends him emails, texts, etc. She even showed up to a criminal proceeding stating she was frightened of my fiance and begged the judge to make it so she never has to see "that man" again. My fiance never speaks to her, acknowledges her or responds to any of her phone calls, texts or emails.

Today, my fiance received a birthday present from the woman - delivered on his doorstep. She had carefully selected photos from their life together and the baby's first year of life, and had them bound into a photo book, with personally drafted captions and all.

My fiance and I find this VERY DISTURBING! This woman's bizarre and erratic behavior is very frightening. Can / should the photo book be used as evidence in the criminal proceedings to show that the woman is nutty? Does my fiance have a leg to stand on with regards to getting a restraining order against her? We're totally lost on what to do about this. Please help.

Thank you!What is the name of your state (only U.S. law)?

in respect to the mentally disabled, your entire post is offensive.

 

[SunnyJC925]

My apologies if I offended. We are very upset and don't know how to deal with this kind of behavior. We just want to protect ourselves and the baby.

I tried to change the title and delete the word "crazy" but I was not allowed.

I would appreciate a sincere reply with relevent advice.

 

[CdwJava]

Criminal charges are still pending and my fiance has been following the letter of the law so he doesn't jeopardize custody. Unfortunately, the woman is constantly harassing him - verbally abusive, tape records the pick-up and drop offs with a cell phone, sends him emails, texts, etc.

And ... he has gotten a restraining order and reported all of this to the police, right?

If not, why not?

My fiance and I find this VERY DISTURBING! This woman's bizarre and erratic behavior is very frightening. Can / should the photo book be used as evidence in the criminal proceedings to show that the woman is unstable?

What is this criminal proceeding?

if you have evidence that might be pertinent to whatever crime she is accused of, your husband should notify the prosecuting attorney or the police. Neither you nor your husband can use this for any purpose - only the D.A. can do this.

Does my fiance have a leg to stand on with regards to getting a restraining order against her? We're totally lost on what to do about this. Please help.

Is it possible? Sure. I am flabbergasted that if all this has happened that he has not yet tried.

 

[cg tallow]

true

This is possible. My husband has joint custody, last night he went to pick up the girls. He has been having problems with his car so opted to take my car. When he arrived she refused to let him have them because he was driving my car. It also happened to be time for her check. The check was laying on the passanger seat he was in the car seat belt on with the drivers side door open. She told him she wanted her check and he told her not until he got the girls, she bailed through the open door and started slapping and hitting him while he was buckled in with nowhere to go. She then took the check and elbowed him in the throat. He pushed her out of the car and she fell down, she called the cops and HE was arrested for domestic battery. WHY?

 

[CdwJava]

This is possible. My husband has joint custody, last night he went to pick up the girls. He has been having problems with his car so opted to take my car. When he arrived she refused to let him have them because he was driving my car. It also happened to be time for her check. The check was laying on the passanger seat he was in the car seat belt on with the drivers side door open. She told him she wanted her check and he told her not until he got the girls, she bailed through the open door and started slapping and hitting him while he was buckled in with nowhere to go. She then took the check and elbowed him in the throat. He pushed her out of the car and she fell down, she called the cops and HE was arrested for domestic battery. WHY?

Apparently her story made more sense to the police.

Also, if court order child support he does not have any legal right to withhold a child support check even if she refused custody. If so, that might make him appear the primary aggressor in the conflict.

He should listen to his attorney. He will be able to get the police report and read why they opted to arrest him and not her.

EDIT: The laws in your state may be a little different ... child support might be tied directly to visitation.