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Need to protect our young daughter

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tammy7777p

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania

A judge granted a PFI (Protection from Intimidation) order for my daughter (who is 4) against my daughter's father's ex-wife and her mother. My daughter's father and me both went to get the protection order for our daughter however just my name is on it and it reads my name OBO of my daughter's name. My boyfriends ex-wife and ex-mother-in-law have been harassing me since him and I got together. I have tried to get a PFA against them for myself but never could, I was always told since there was no relationship between me and them I couldn't do it. I have never contacted these people in any way, however my boyfriend has always gotten messages about how I'm a terrible person and to keep her son (my boyfriend and his ex-wife have a child together who is 16 and my boyfriend has primary custody and sole legal custody of their child). She doesn't even have visitation set up or pay child support but when she knows me and my daughter are around, that is when she comes to my boyfriend's how and demands to see her son. (Just wanted to give a little background).

My focus is to protect our young daughter. They have come to my boyfriends house when we are there and used coming to visit their son as the excuse however the son is usually in school when they come. They have yelled at my innocent daughter "that isn't your daddy", they have pounded on the door on all holidays when they weren't invited over scaring the kids, they drive in the driveway and start needless crap while the kids are playing in the yard. They have even called CYS on me stating insane false claims like I'm on drugs (never did drugs in my life), that I don't take my daughter to the doctor, that I don't feed her etc. All of which were unfounded. I know it was them that called CYS because they called and told me they were going to do it and then they called my boyfriend and told him. My boyfriend and I are both part of the address confidentiality program because of them however we have not moved yet.

So we have this protection order for our little girl so this won't affect her anymore, they weren't able to be served by the court date for the final protection order so the judge granted a 4 week continuance and the temporary order stays in place. I have an attorney through legal aid. The attorney has told me that if we get judge xyz, he doesn't usually grant any protection orders. I have proof of harassment towards our daughter which my attorney has (like the CYS papers, them posting threats on facebook, etc). The attorney told me since I may get xyz judge who doesn't like to grant protection orders, that it may be in my best interest to just do a settlement that states they are to stay away from anywhere my daughter is etc and they are not to contact us through third parties. They like to rally up people to "scare and threaten us". He says the judge would sign a settlement and it may be better to do that since the judge wouldn't have to make the decision whether they are guilty or not since this judge doesn't like to do protection orders.

Her father and I just want our little girl to be protected against them. My question is, is it best to try to do the settlement, do we try to go through with the actual PFI if we don't get the judge that doesn't usually grant them? My attorney said my daughter won't have to say anything since she is so young and I don't want her to have to be there in their presence. My daughter was there for the temporary though. My attorney also mentioned something about doing at settlement before the court date and I was thinking of possibly doing that since I may not have someone to watch my daughter on that date. Is the settlement enforcable? Even though I feel they deserve to get in trouble for all of this, my main concern is this little girl and what would be best for her. Any advice is greatly appreciated.
 



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