kwilkinson
Junior Member
What is the name of your state (only U.S. law)? Louisiana.
Boy do we need some advice. Try to keep this as brief as possible. Son, grandson, mother. Lived together until grandson 2 years old, mother moves in with older boyfriend, and trouble starts. Boyfriend has assaulted mother on 3 separate occasions and mother has moved back in with son/grandson. Son had informal custody of grandson 3-4 days out of every week. On 6 September mother decided no one could see son/grandson anymore and has withheld him. On 11 September, mother requested TRO for alleged incident involving a cell phone in June. Said is afraid of son but has moved back in with him 3 times, latest move occurred for two weeks in August. Requested temporary custody of child, retrieval of items abandoned in son's home since June, and a DNA test for child (son is listed as father on birth certificate and has lived/co-parented with mother since prior to son's birth until mother moved out in June with new boyfriend). No witnesses to alleged cell phone event (says son threw cell phone at her, she actually threw her own cell phone and broke it), no police report filed. Mother started setting up alleged incidents to make son look bad. On 6 September had police show up to his door to retrieve her computer she left in June (didn't want anything else, just computer). When mother did not show up for son's 3-day weekly visitation, son started contacting her by cell phone. She filed harrassment complaint, police would not arrest son, advised him he could not call more than 5 times in 24-hour period (LA law). TRO says that he "did not" call more than the 5 allowed times, but is harrassing her and trying to blackmail her (he did say in one phone call that he didn't want to bring up the "bar incident" but would if he had too). Bar incident was when mother called son early AM as she went to a bar with boyfriend and got drunk (mother is under age 21, illegal in LA) and that boyfriend assaulted her, etc. Son would not have known about bar incident if mother had not called him.
Anyway, to make a long story short, son served TRO on 25 September, hearing is 28 September. We have evidence to refute that mother is "scared" of son as I've listed below.
- Statement from neighbor that mother at son's apt for 2 weeks in August.
- Text messages to me (son's mother) that we should get every lawyer we can find and take her to court, until then stop calling (plus some other rude words).
- Undeniable proof that she lived at son's home with grandson for 2 weeks in August (mother had a medical procedure and left her prescriptions and medication in the apt - both dated 18 August).
- Son had 85 text messages from mother and boyfriend threatening him. Mother erased all text messages when she lived with son in June.
Some still left.
- Pictures of son/mother/grandson taken in August of grandson's first haircut and of mother/grandson napping in son's bed, son's apartment.
- Proof of phone calls to me (grandmother) of boyfriend's abusive behavior.
-When mother moved in for 2 weeks in August, gave son the address of where she was living with boyfriend, 4-digit gate code for apartment complex and copy of housekey as she wanted son to go get her belongings as she was afraid of boyfriend (son still has all this).
Now, if she is afraid of son and needs a TRO, then why did she move in with him for 2 days in July and for 2 weeks in mid-August after the "alleged" cell phone incident in June?
Also, why did she stop visitation with son and why with grandparents?
What else do we need to take to court on Monday to get the TRO dismissed as mother has mislead/lied to the court (what we have above?), or additional information. This is tearing my son and me up. We have not seen his son/my grandson since early September and we have never been separated from him.
The Judge granted the TRO ex parte for getting her belongings, temporary custody of child as he is in her possession at this time, the PO for him to stay away from her until the hearing on Monday. The judge did state in the orders that DNA test, son paying all court costs, and son seeking professional counselling (mother put that in TRO request also) will be decided at hearing.
At hearing,
Will we be able to show/testify to our proof on why the TRO should not be extended?
Can we ask for temporary order of visitation until we go to court for official custody determination/visitation?
What do we have to prove to show that we "shouldn't" pay court costs (that TRO is invalid)?
What do we have to show to prove son doesn't need professional counseling (mother actual does!)?
Also, question on her property - son moving today (26 September) - is he required to move and store her property until the hearing on Monday? Can he leave it in the apartment and provide contact information to Judge on Monday for mother to go get her property?
One more - son had to move as mother was joint signee on lease and abandoned it in June when she moved in with new boyfriend and son couldn't afford the apt anymore, had to move to a cheaper place. Should we bring that up at TRO hearing?
What can anyone tell us to get the TRO dismissed and for son to see son and me to see my grandson again?
Sorry this is long - could have been longer but believe it or not, I cut a lot out. Any advice (helpful please) would be greatly appreciated.What is the name of your state (only U.S. law)?
Boy do we need some advice. Try to keep this as brief as possible. Son, grandson, mother. Lived together until grandson 2 years old, mother moves in with older boyfriend, and trouble starts. Boyfriend has assaulted mother on 3 separate occasions and mother has moved back in with son/grandson. Son had informal custody of grandson 3-4 days out of every week. On 6 September mother decided no one could see son/grandson anymore and has withheld him. On 11 September, mother requested TRO for alleged incident involving a cell phone in June. Said is afraid of son but has moved back in with him 3 times, latest move occurred for two weeks in August. Requested temporary custody of child, retrieval of items abandoned in son's home since June, and a DNA test for child (son is listed as father on birth certificate and has lived/co-parented with mother since prior to son's birth until mother moved out in June with new boyfriend). No witnesses to alleged cell phone event (says son threw cell phone at her, she actually threw her own cell phone and broke it), no police report filed. Mother started setting up alleged incidents to make son look bad. On 6 September had police show up to his door to retrieve her computer she left in June (didn't want anything else, just computer). When mother did not show up for son's 3-day weekly visitation, son started contacting her by cell phone. She filed harrassment complaint, police would not arrest son, advised him he could not call more than 5 times in 24-hour period (LA law). TRO says that he "did not" call more than the 5 allowed times, but is harrassing her and trying to blackmail her (he did say in one phone call that he didn't want to bring up the "bar incident" but would if he had too). Bar incident was when mother called son early AM as she went to a bar with boyfriend and got drunk (mother is under age 21, illegal in LA) and that boyfriend assaulted her, etc. Son would not have known about bar incident if mother had not called him.
Anyway, to make a long story short, son served TRO on 25 September, hearing is 28 September. We have evidence to refute that mother is "scared" of son as I've listed below.
- Statement from neighbor that mother at son's apt for 2 weeks in August.
- Text messages to me (son's mother) that we should get every lawyer we can find and take her to court, until then stop calling (plus some other rude words).
- Undeniable proof that she lived at son's home with grandson for 2 weeks in August (mother had a medical procedure and left her prescriptions and medication in the apt - both dated 18 August).
- Son had 85 text messages from mother and boyfriend threatening him. Mother erased all text messages when she lived with son in June.
Some still left.
- Pictures of son/mother/grandson taken in August of grandson's first haircut and of mother/grandson napping in son's bed, son's apartment.
- Proof of phone calls to me (grandmother) of boyfriend's abusive behavior.
-When mother moved in for 2 weeks in August, gave son the address of where she was living with boyfriend, 4-digit gate code for apartment complex and copy of housekey as she wanted son to go get her belongings as she was afraid of boyfriend (son still has all this).
Now, if she is afraid of son and needs a TRO, then why did she move in with him for 2 days in July and for 2 weeks in mid-August after the "alleged" cell phone incident in June?
Also, why did she stop visitation with son and why with grandparents?
What else do we need to take to court on Monday to get the TRO dismissed as mother has mislead/lied to the court (what we have above?), or additional information. This is tearing my son and me up. We have not seen his son/my grandson since early September and we have never been separated from him.
The Judge granted the TRO ex parte for getting her belongings, temporary custody of child as he is in her possession at this time, the PO for him to stay away from her until the hearing on Monday. The judge did state in the orders that DNA test, son paying all court costs, and son seeking professional counselling (mother put that in TRO request also) will be decided at hearing.
At hearing,
Will we be able to show/testify to our proof on why the TRO should not be extended?
Can we ask for temporary order of visitation until we go to court for official custody determination/visitation?
What do we have to prove to show that we "shouldn't" pay court costs (that TRO is invalid)?
What do we have to show to prove son doesn't need professional counseling (mother actual does!)?
Also, question on her property - son moving today (26 September) - is he required to move and store her property until the hearing on Monday? Can he leave it in the apartment and provide contact information to Judge on Monday for mother to go get her property?
One more - son had to move as mother was joint signee on lease and abandoned it in June when she moved in with new boyfriend and son couldn't afford the apt anymore, had to move to a cheaper place. Should we bring that up at TRO hearing?
What can anyone tell us to get the TRO dismissed and for son to see son and me to see my grandson again?
Sorry this is long - could have been longer but believe it or not, I cut a lot out. Any advice (helpful please) would be greatly appreciated.What is the name of your state (only U.S. law)?