Unjustified Restraining ORder

[craftydiner]

What is the name of your state (only U.S. law)? OK
My ex and I have joint custody of our son. I was the custodial parent. A few weeks ago I started receiving threats via phone, which I feel were instigated by my ex. Finally, I became so frightened that he was going to kill me, my child or my family that I checked myself into a Mental Hospital for protection. Because my other child was in school I asked my mother to let my ex keep the kids (she lives out of town). During that week my ex filed a Temporary Restraining Order on me for false reasons. He stated that I entered the hospital involuntarily which the hospital documents it was voluntary. And, that he kept the kids while I was there. Also, my ex told me if I would give him the custodial parent rights, he would lift the restraining order. I did (out of fear) but he came and got my son tonight, documenting the restraining order to the police - he was the one that brought my son to my house and left him. We go to court in a week to hopefully get the restraining order dismissed but there's no guarantee. Should I have a lawyer represent me at this hearing? Or, is it feasible for me to just show the records that the admission was voluntary?What is the name of your state (only U.S. law)?

 

[Ohiogal]

What is the name of your state (only U.S. law)? OK
My ex and I have joint custody of our son. I was the custodial parent. A few weeks ago I started receiving threats via phone, which I feel were instigated by my ex. Finally, I became so frightened that he was going to kill me, my child or my family that I checked myself into a Mental Hospital for protection. Because my other child was in school I asked my mother to let my ex keep the kids (she lives out of town).

This makes no sense. You thought he was going to kill you or the children due to the threats via phone that you checked yourself into a psychiatric facility and let your ex have the children? Why didn't you get a restraining order due to the threats?

During that week my ex filed a Temporary Restraining Order on me for false reasons. He stated that I entered the hospital involuntarily which the hospital documents it was voluntary.

He may have been wrong but that does NOT mean it was false.

And, that he kept the kids while I was there. Also, my ex told me if I would give him the custodial parent rights, he would lift the restraining order. I did (out of fear) but he came and got my son tonight, documenting the restraining order to the police - he was the one that brought my son to my house and left him.

So you now have one child in your possession even though he is the sole custodian? The other child remains with him? Or did he come and pick up his child today?

We go to court in a week to hopefully get the restraining order dismissed but there's no guarantee. Should I have a lawyer represent me at this hearing?

You should definitely retain counsel.

Or, is it feasible for me to just show the records that the admission was voluntary?

That would be inadmissible hearsay if dad objects.