Question re: false protection orders

[MSDG]

State of TN

Question re: protection orders. A protection order was issued against a close relative almost two weeks ago. The claims for issuance are absolutely bogus. The hearing is expected to happen this week. The lawyers are working on pushing it. We recently found out the wife has been having an affair and is currently living in an apartment with their children and her new boyfriend. Does this prove ulterior motive? What are the chances of the case being dismissed?

 

[eerelations]

What are the chances of the case being dismissed?

We have no way of predicting without seeing all of the evidence (both sides) presented in court. Since court hasn't happened yet, we would need to be psychic to know what that evidence is.

We are not psychic.

 

[MSDG]

Of course you're not psychic. The allegations for the protection order are claiming that her husband (the defendant) attempted to rape her. The defendant says it didn't happen. There isn't a police report to validate that claim (or any claim of abuse for that matter). There is also a claim that their 7 year old son is acting out against the mother based on the behavior he is modeling from his father. Wouldn't a child psychologist need to asses that for accuracy? The said child is neglected in a lot of ways by the mother as he doesn't have a set bedtime, stays up to the wee hours, has a horrible diet....

By chance, a friend of the defendant happened to run into the wife, their children and this new guy (who was holding their youngest child) walking out of movie theater together. A personal friend of mine who knows the plaintiff also saw them (with children) walking into an apartment together (they also live in the apartment). They were walking into the apartment at 10pm. No one has filed for divorce at this time. I'm really just curious for potential outcomes. It seems to me that this is significant information.

 

[Ohiogal]

Of course you're not psychic. The allegations for the protection order are claiming that her husband (the defendant) attempted to rape her. The defendant says it didn't happen. There isn't a police report to validate that claim (or any claim of abuse for that matter). There is also a claim that their 7 year old son is acting out against the mother based on the behavior he is modeling from his father. Wouldn't a child psychologist need to asses that for accuracy? The said child is neglected in a lot of ways by the mother as he doesn't have a set bedtime, stays up to the wee hours, has a horrible diet....

By chance, a friend of the defendant happened to run into the wife, their children and this new guy (who was holding their youngest child) walking out of movie theater together. A personal friend of mine who knows the plaintiff also saw them (with children) walking into an apartment together (they also live in the apartment). They were walking into the apartment at 10pm. No one has filed for divorce at this time. I'm really just curious for potential outcomes. It seems to me that this is significant information.

Actually it is not significant information. It is irrelevant information regarding whether or not abuse took place. And the word is "assess". And the wife has neglected the child BUT your relative has not? Where was your relative when his children were being neglected and he let it happen?

 

[commentator]

This is a case of someone who doesn't understand (1) the divorce laws and (2) the circumstances of this situation. There's kind of a misconception out that there's a "wronged party"' and that whichever one of the divorcing couple who has someone else they're seeing is an unfit person and will be, as you feel they should be punished by the courts in the divorce process. Thus the desire to rat out the soon to be ex wife because they've seen her walking about with a male friend who was (gasp!) carrying her child, and we suspect she must have someone else. This, of course excuses your relative for doing whatever he did to her, only of course he says he didn't do anything to her, he was framed.

They want to report her for possibly having an affair, and throw into the mixer/blender of the case that she was always "sort of" a neglectful mother anyhow for this reason and that reason. Yeah, try calling DHS to report that the mother doesn't give the children a fixed bedtime and allows them to eat a horrible diet that you don't approve of. Wasn't this also happening while the couple was still together? Where was dad then?

Unless you were there, and under the bed, you don't have a clue what actually happened that caused your relative to get an order of protection taken against them. Why don't you stay out of it, and wait and see what the court decides from their slightly better vantage point. If you really want to help, help your relative retain an attorney.

 

[Proserpina]

State of TN

Question re: protection orders. A protection order was issued against a close relative almost two weeks ago. The claims for issuance are absolutely bogus. The hearing is expected to happen this week. The lawyers are working on pushing it. We recently found out the wife has been having an affair and is currently living in an apartment with their children and her new boyfriend. Does this prove ulterior motive? What are the chances of the case being dismissed?

You are far too involved in your relative's legal matters.