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  #1  
Old 11-07-2008, 12:09 PM
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This can't be legal?


What is the name of your state (only U.S. law)? Florida

In this particular case a domestic abuse injunction was filed in retribution to a call to the department of children and families, as well as an anonymous police report being made in order to protect a little girl. I just want her to be safe since the mother has a rough history and almost killed the girl once by letting her ingest marijuana, which she was arrested for.
If a person does in fact file a petition for domestic abuse against someone in retribution such as mentioned above, is that legal? If not what should the respondent do? I have been in contact with the DCF investigator and will be contacting the officer that I made the anonymous report to, in order to get my ducks in a row for the hearing that is now scheduled. I would think there must be a way to prove to the judge that this is a false accusation that the mother is making just to be spiteful of me trying to protect her daughter. It is a complete mess. Most men would just walk away but I love this little girl with all my heart.
I appreciate any and all answers, thank you.
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  #2  
Old 11-07-2008, 04:55 PM
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Quote:
Originally Posted by amack View Post
What is the name of your state (only U.S. law)? Florida

In this particular case a domestic abuse injunction was filed in retribution to a call to the department of children and families, as well as an anonymous police report being made in order to protect a little girl. I just want her to be safe since the mother has a rough history and almost killed the girl once by letting her ingest marijuana, which she was arrested for.
If a person does in fact file a petition for domestic abuse against someone in retribution such as mentioned above, is that legal? If not what should the respondent do? I have been in contact with the DCF investigator and will be contacting the officer that I made the anonymous report to, in order to get my ducks in a row for the hearing that is now scheduled. I would think there must be a way to prove to the judge that this is a false accusation that the mother is making just to be spiteful of me trying to protect her daughter. It is a complete mess. Most men would just walk away but I love this little girl with all my heart.
I appreciate any and all answers, thank you.
Did the DCF investigate and find your complaint to be "founded"? If so, you might have something to work with. If not, you may not.

See, the judge hearing the case on the domestic abuse injunction isn't going to know which one of you is lying unless there is other outside evidence to prove that.
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  #3  
Old 11-07-2008, 05:11 PM
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Thank you kindly


The judge originally recieved the petition, and upon reading it, scheduled a hearing with the woman alone... to hear her side of the story I can only assume. After hearing her side of the story, he denied the temporary injunction against me and then set a follow up hearing where both parties are to be present. She basically told him she felt threatened by me, and stated the reasons why. Many of the facts she presented are untrue and I will have proof of this to bring to the 2nd hearing as well as witnesses. I just find it hard to believe that a judge is going to allow a woman to falsely accuse someone of domestic abuse using untrue facts, and then would not turn them around against her. But I have no idea honestly, and I am almost to point of just being over it already. As I said the temporary injunction was denied and I was told by the DCF investigator that almost never happens, she was trying to reassure me that I don't have very much to worry about. What no one seems to understand is that this all started due to me trying to protect a child... I would give my life for this child and don't care what happens to me in the interim. Thank you once again for the info.

EDIT: Since there is no proof I am the father, DCF will not release any findings to me.
EDIT: When a judge calls for a hearing because of a petition for injunction, are the people called to the hearing under oath? yes? no?

Last edited by amack; 11-08-2008 at 05:02 PM. Reason: More precise question.
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