IAAL

[lindsayilene]

IAAL
I live in Michigan.
I am going into court next month to contest a Personal Protection Order that my ex put on me.
I have a P.P.O. on his girlfriend. She threatened my daughter's life.
My ex filed this order on the same day that a Referee upheld my order. (Janury 2001)
My ex claims that I have been harrassing him since our daughter's birth.
I cannot deny calling him. I used to call him in regards to our child, but certainly not for the purpose of harassment. I have had no contact with him since October 2000.
We were never married and paternity has never been established. No visitation,child support, or custody order exists.
My question is what are my chances of getting this order quashed? Being that I do not deny calling him; would this be an admission of guilt? Even though I was not calling him for the purpose of harassment? He never asked me not to call him. I thought that we were getting along fine for awhile.
Any thoughts?
Thank you!

 

[I AM ALWAYS LIABLE]

IAAL
I live in Michigan.
I am going into court next month to contest a Personal Protection Order that my ex put on me.
I have a P.P.O. on his girlfriend. She threatened my daughter's life.
My ex filed this order on the same day that a Referee upheld my order. (Janury 2001)
My ex claims that I have been harrassing him since our daughter's birth.
I cannot deny calling him. I used to call him in regards to our child, but certainly not for the purpose of harassment. I have had no contact with him since October 2000.
We were never married and paternity has never been established. No visitation,child support, or custody order exists.
My question is what are my chances of getting this order quashed? Being that I do not deny calling him; would this be an admission of guilt? Even though I was not calling him for the purpose of harassment? He never asked me not to call him. I thought that we were getting along fine for awhile.
Any thoughts?
Thank you!

My response:

The judge (or court Referee) is not stupid. The judge will realize that what he's doing is retaliatory. Further, the judge also realizes that if your boyfriend's PPO is granted, that do so will make it impossible for him to see the child. The judge will also realize, that since there's currently no court-ordered child support, that you need this "lifeline" to be able to communicate your child's needs to the father.

It's not going to happen. But, he's entitled to his day in court. So, let him "spin his wheels".

Now, isn't it about time you filed for a vistation, custody and support order ? What's the hold-up ?

Without that order, theoretically, he could take the child away from you and move to another State. Scary thought, isn't it ?

IAAL

 

[lindsayilene]

Now, isn't it about time you filed for a vistation, custody and support order ? What's the hold-up ?

Without that order, theoretically, he could take the child away from you and move to another State. Scary thought, isn't it ?

IAAL [/B]

IAAL,
Thank you for your response.
I have not filed for child support, out of fear. I am afraid that if I file for child support than it will lead to visitation. I have no issue with him seeng his daughter, but with his girlfriend. She is truly evil. They live together. Would the P.P.O. that I have on her keep her out of her own house if visitation was in place? I didn't figure that it would, and I figured that it would be darn near impossible to enforce.
I just am trying to protect my daughter--I love her so much. Am I going about this wrong? Do you have any suggestions?
Thanks!

 

[I AM ALWAYS LIABLE]

Now, isn't it about time you filed for a vistation, custody and support order ? What's the hold-up ?

Without that order, theoretically, he could take the child away from you and move to another State. Scary thought, isn't it ?

IAAL

IAAL,
Thank you for your response.
I have not filed for child support, out of fear. I am afraid that if I file for child support than it will lead to visitation. I have no issue with him seeng his daughter, but with his girlfriend. She is truly evil. They live together. Would the P.P.O. that I have on her keep her out of her own house if visitation was in place? I didn't figure that it would, and I figured that it would be darn near impossible to enforce.
I just am trying to protect my daughter--I love her so much. Am I going about this wrong? Do you have any suggestions?
Thanks! [/B]

My response:

Don't be afraid. There's nothing to fear, but fear itself.

Your daughter is ENTITLED to the protections that the court can offer - - and that includes knowing for sure that he is the father, and also to his money for support - - without you having to beg, scratch or crawl for it.

If he wants visitation, or to exercise his rights to visitation, he'll have to do so in a manner that keeps his girlfriend away from your daughter. If she violates the PPO, then it's off to jail she goes.

So, you're not necessarily going about this "wrong". You're just doing things "sideways". It's not terribly detrimental to your situation; it's just that you and your daughter have certain entitlements that both of you are deserving to obtain. And also, you don't want him telling you that he's taking her to the park, and then not showing up again. THAT would be detrimental.

Let the girlfriend "hang herself". She will eventually.

Go file your Petition for paternity, child support, custody and visitation, as soon as possible.

IAAL

 

[lindsayilene]

Thank you so much for your advice! It was truly appreciated, and it gave me a sense of confidence!
Have a good week-end?