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Old 04-05-2007, 12:09 PM
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Child Abuse


What is the name of your state? WI

I'm not sure I'm posting in the right area, so I apologize if I'm not.

In december 2006, my ex's husband physically abused our daughter, and put her in the hospital burn unit for 2 weeks. My ex is standing by him defending him. CPS is involved and she now only has supervised visits.

Evenutually her visits will progress to be unsupervised for short periods, then day visits, then eventually overnight. CPS wants to take baby steps here. My question is, because she is defending him claiming this was an accident, etc and is staying with this guy. I am wondering if I should file for a restraining order against him? Even though as conditions of his bond currently he is not allowed around anyone under the age of 18, and as a condition of the court order removing the kids from her custody and placing them with me stating he shall have no direct or indirect contact and not be present at any place or event in which my kids are. Wouldn't this just be contemp of court? Whereas if I have a restaining order it would be criminal? I know she will not uphold this order, she has already given them cards saying "we love and miss you love Mommy & Daddy", trys to talk about him on the phone to the kids, even though all is supervised etc.. She doesn't get it and thinks they are one big happy family.

I'm mainly concerned about the future, I don't know what will happen to him criminally since he does not have court until May. Hopefully he will be going to prison. But in anycase, my ex is under the impression that once CPS is out of the picture none of this will still apply.

Should I or can I get a restaining order against him on behalf of my kids?
  #2  
Old 04-05-2007, 12:55 PM
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Quote:
Originally Posted by cmykds View Post
What is the name of your state? WI

I'm not sure I'm posting in the right area, so I apologize if I'm not.

In december 2006, my ex's husband physically abused our daughter, and put her in the hospital burn unit for 2 weeks. My ex is standing by him defending him. CPS is involved and she now only has supervised visits.

Evenutually her visits will progress to be unsupervised for short periods, then day visits, then eventually overnight. CPS wants to take baby steps here. My question is, because she is defending him claiming this was an accident, etc and is staying with this guy. I am wondering if I should file for a restraining order against him? Even though as conditions of his bond currently he is not allowed around anyone under the age of 18, and as a condition of the court order removing the kids from her custody and placing them with me stating he shall have no direct or indirect contact and not be present at any place or event in which my kids are. Wouldn't this just be contemp of court? Whereas if I have a restaining order it would be criminal? I know she will not uphold this order, she has already given them cards saying "we love and miss you love Mommy & Daddy", trys to talk about him on the phone to the kids, even though all is supervised etc.. She doesn't get it and thinks they are one big happy family.

I'm mainly concerned about the future, I don't know what will happen to him criminally since he does not have court until May. Hopefully he will be going to prison. But in anycase, my ex is under the impression that once CPS is out of the picture none of this will still apply.

Should I or can I get a restaining order against him on behalf of my kids?
You should consult your lawyer.
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