Ex husband violent VPO?

[BlueCollar26]

What is the name of your state (only U.S. law)? Oklahoma
Ex wife's new husband violent VPO?

I would like to file a VPO against my ex wife's new husband. My ex wife and I have a 5 year old child together and we share custody. I do not get along with her new husband. There has been several threats through texts, voicemails. Threats have continued on the last 2 drop offs. 1st he got into my face and a heated verbal exchange occurred infront of my 5y. 2nd he told me to get out and come on out back to see what would happens infront of 5y. He's a felon on probation for being convicted on child endangerment and charged with another. Also charged and was convicted on a few of these with threat to perform a violent act, 2nd degree burglary, assault with a dangerous weapon, and a granted VPO. I'm concerned for my safety as well as my child's safety, moral, temporal, and mental welfare. There is a provision in the decree for no 3rd parties to interfere for effective communication and co parenting.

 

[Zigner]

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

I would like to file a VPO against my wife's ex husband. There has been several threats through texts, voicemails. Threats have continued on the last 2 drop offs. 1st he got into my face and a heated verbal exchange occurred infront of my 5y. 2nd he told me to get out and come on out back to see what would happens infront of 5y. He's a felon on probation for being convicted on child endangerment and charged with another. Also charged and was convicted on a few of these with threat to perform a violent act, 2nd degree burglary, assault with a dangerous weapon, and a granted VPO. I'm concerned for my safety as well as my child's safety, moral, temporal, and mental welfare. There is a provision in the decree for no 3rd parties to interfere for effective communication and co parenting.

Thanks for sharing. Since you didn't actually ask a question, I'll just give you some input. I'm assuming that by "my 5y" you mean the 5 year old that your wife and he had together. Based on that, I'd suggest that you stop being so involved in their business. You shouldn't be a part of pick-ups/drop-offs at all.

 

[SESmama]

I am confused. Why are you at your wife's ex-husband's house? Who are you dropping off or picking up? If there is a no third party interference clause, in whose court order is it? Why is your 5 yo at the drop off/pick up? Is the 5 yo yours or your wife's? If the 5 yo is your wife's and her ex's child then that child is NOT yours.

If it is in your wife's order then you are the third party and you are violating the order.

So, please clarify for us.

 

[BlueCollar26]

I am confused. Why are you at your wife's ex-husband's house? Who are you dropping off or picking up? If there is a no third party interference clause, in whose court order is it? Why is your 5 yo at the drop off/pick up? Is the 5 yo yours or your wife's? If the 5 yo is your wife's and her ex's child then that child is NOT yours.

If it is in your wife's order then you are the third party and you are violating the order.

So, please clarify for us.

Excuse me for not clarifying to you. Me and my "EX" wife have a 5year old child together. Her new husband intervenes in our drop offs and pick ups. Drop offs are at a middle point location. Also pick ups are for me to get him from school not them. They meaning her new husband got him an hour early from school (when it was my turn to get him) for an alleged dr appointment. No DR note so far after I have asked for one. Son said he never went to dr FYI. Imo shows intent (because he tried to get me out to fight him)So I asked her when and where could I get him. She said meet at so and so street at this location. No place existed so she said just meet at her and his residence. They both come out and he continues his onslaught of nonsense that does not concern him. I say stop and he continues that there's nothing I can do about it.

My question is I want a VPO against this guy and I want to take her to court for the protection of my son. Son states he has guns. he's a felon on probation. With convictions of assaults and child endangerment.

 

[single317dad]

Excuse me for not clarifying to you. Me and my "EX" wife have a 5year old child together. Her new husband intervenes in our drop offs and pick ups. Drop offs are at a middle point location. Also pick ups are for me to get him from school not them. They meaning her new husband got him an hour early from school (when it was my turn to get him) for an alleged dr appointment. No DR note so far after I have asked for one. Son said he never went to dr FYI. Imo shows intent (because he tried to get me out to fight him)So I asked her when and where could I get him. She said meet at so and so street at this location. No place existed so she said just meet at her and his residence. They both come out and he continues his onslaught of nonsense that does not concern him. I say stop and he continues that there's nothing I can do about it.

My question is I want a VPO against this guy and I want to take her to court for the protection of my son. Son states he has guns. he's a felon on probation. With convictions of assaults and child endangerment.

Well, that's an entirely different situation than I discerned from the first post.

Start by returning to court and asking the judge to compel your ex wife to follow the order and keep third parties out of the matter. This is her responsibility per the order. I would also amend the order to set a specific time and place for pickups, somewhere public that is not her or your home.

If it comes to it, I think you could get a protective order, but you should exhaust other avenues first.

 

[BlueCollar26]

Thanks for your reply. I have asked her several times to come to drop offs alone as well as asking him to stay out of it. The issue for them is CS is due on the 1st and 15th. I mail on those dates so it comes a few days after those due dates. Note: since 2011 I have never lapse CS always payed it. I started to mail due to them being too difficult to deal with. I just decided to send my CS payments to DHS to stop them from harassing me about paying it on time. I have done a few things to defuse the situation but if it's not one thing it's another. He has violent history and a bad temper. I think a VPO is the only way to go to control him.

 

[Zigner]

Thanks for your reply. I have asked her several times to come to drop offs alone as well as asking him to stay out of it. The issue for them is CS is due on the 1st and 15th. I mail on those dates so it comes a few days after those due dates. Note: since 2011 I have never lapse CS always payed it. I started to mail due to them being too difficult to deal with. I just decided to send my CS payments to DHS to stop them from harassing me about paying it on time. I have done a few things to defuse the situation but if it's not one thing it's another. He has violent history and a bad temper. I think a VPO is the only way to go to control him.

Well, except for that whole going back to court thing, right?

 

[BlueCollar26]

Well, except for that whole going back to court thing, right?

Correct. She does not show that she has the best interest. She is in contempt for allowing a third party to intervene as well as custodial interference by getting him when it was my turn to get him from school. Being that the meeting between the two of us always go south because her criminal husband can't control himself And she does not try control him is a major concern for the welfare of the child. Temporal,mental,and moral state of the child is in danger.

 

[Zigner]

Correct. She does not show that she has the best interest. She is in contempt for allowing a third party to intervene as well as custodial interference by getting him when it was my turn to get him from school. Being that the meeting between the two of us always go south because her criminal husband can't control himself And she does not try control him is a major concern for the welfare of the child. Temporal,mental,and moral state of the child is in danger.

She's not in contempt until a judge says she is.

 

[Silverplum]

Well, that's an entirely different situation than I discerned from the first post.

And the thread title.

 

[BlueCollar26]

And the thread title.

Yea sorry about that I could have deleted the entire thread and started over but instead put the thread title in bold and fixed the mistakes I made in the 1st posts. Sorry for the confusion. My intent was not to be misleading.

 

[BlueCollar26]

She's not in contempt until a judge says she is.

Well not necessarily. Decree states no 3rd parties involved during exchanges via texts, phone calls, email etc. he has been involved in multiple occasions. I have proof.

Also decree states I get him after school on Fridays. They picked him up early and fail to provide me with a dr note.

 

[Zigner]

Well not necessarily.

Yes...by definition.

 

[Silverplum]

Only a judge can find her in contempt. You can file for it, but the judge finds it.

 

[BlueCollar26]

You both are correct. Just stating I will be filing for it. Should have put that she possibly will be not is in contempt.

Is there anything else you need to know? Have I given you enough information to help me with my question ?