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False domestic violence allegations

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cainec

Junior Member
Hello everyone, I live in Polk County Florida. To make a long story short.

March 5th my girlfriends family showed up at 2 in the morning and tried to

take our son and run. I called 911 and put a stop to it. She still took all of

his belongings to Ohio while she remained living at our residence. march 7th i

overheard her planning on trying to run off with him again so i took our son

and left after first notifying the local sheriff i was doing so. they later called

and confirmed i had him with me then said thank you have a nice night. After

4 or 5 times calling the sheriffs back to our residence within 48 hrs, she filed

false dv charges on me. On march 9th i received a call from a sheriff saying

that they just needed to physically see that our son was safe and in no

harm. i cooperated and gave them the residence i was residing at. When

they arrived i was told to put my hands behind my back i was under arrest. I

was arrested for dv and temporary custody of our 4 month old child was

granted to her, as she was escorted to a local dv shelter and i jail. The

police report stated the officer observed no markings on her and the

allegations were that i was pushing her around all week long. We have a

custody hearing on the 23rd of march. I am afraid the judge will let her take

our son to Ohio as she originally tried to do. Having to go buy all new

necessities and having to pay to bond out has put my finances at a

temporary setback. I need any advice i can get on what action to take now

to defend myself, being that i am limited on funds. temporarily.


(Here are a few facts that might help with any advice you might have.)


1. all events occur in Polk County, Fl.
2. we have been together for 1 and 1/2 years and are not married
3. we have resided with my Mother for the past 6 months
4. yes, my name is on the birth certificate
5. I have an extensive petty criminal record, (with this being my first domestic violence charge) as she has very little on hers.
6. since she has had temporary custody she has refused my family any right to see him or even acknowledge that he is safe and in good care.
7. Her filing the temporary custody for dv is the only custody filed at that time.
8. Our date in court for the temporary custody hearing is set for March 23rd.
9. Our son is my only child and he means the world to me and his grandma.
10. His happiness and well being is my first concern in this matter, and i do think he needs a mother and father in his life, as well as his extended family he has an emotional bond with so far in his life.

My question('s) once again is/are,

How do i defend myself? Where do i start? What actions should be taken?
Most importantly, How do i handle this situation being that i am currently indigent. What can i do to prepare/resolve this issue in a timely manner?
What are my rights?

Thank you for your support.

sincerely,
Daniel
 
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