LONG, but need advice QUICK!

[lindsey24]

What is the name of your state? Pennsylvania

Hey guys.. My brother in-law was just put on probation in February for a DUI.

His ex-wife has a PFA on him that was never dropped and should have been. (Nothing abusive.. she put it on him to get him to move out of the house when they broke up.. whatever)

Anyway.. they have a custody agreement for him to see his children 3 days a week at certain times. He has to go to her house to see them. He showed up on his scheduled day to see his children. She wouldn't let him and called the police saying that he was voilating the PFA (who knows why - she's a real pshyco - he WAS there on the right day at the right time.. he even has a text message from her from earlier that day that states "Are you coming to see the kids tonight?"). The cops get there and neither of them have an updated copy of the PFA saying that he has custody rights (convenient for her!) and that he was, in fact there at the right time and he was NOT violating the PFA. The cops tell him.. "We don't want to do this, but we have to arrest you."

He goes to prison for 2 hours. He gets out and does not call his PO to tell him he had been arested. Apparently this is mandatory that you have to call your PO within 48 hours of an arrest. He did not know this.. he had never been in this situation and ASSUMED that his PO would automatically know that he got arrested.

His PO put his jail for Violation of Probation (REASON: he never called and told him that he had been arrested). He is in there until his Gagnon 1 Hearing on the 22nd. His PO tells him that he MAY be in there for another 30 days.

What do you guys think will happen from here on out????

THANK YOU!!!!!

[Some Random Guy]

PFA on him that was never dropped and should have been

Are you saying that there was a request to have it dropped or just that everybody forgot about it and assumed the custody agreement would override it?

1. Get a lawyer
2. Get all copies of all current legal documents
3. Have your lawyer try to get the PFA dropped
4. With documentation in hand, have your lawyer explain the case to the PO/court
5. Meet with the DA to discuss charges of filing a false report with the police against the ex-wife.
6. Find out all the terms of the probation so this does not happen again.

[lindsey24]

Ooppss.. Sorry double post.

[lindsey24]

Originally Posted by Some Random Guy

Are you saying that there was a request to have it dropped or just that everybody forgot about it and assumed the custody agreement would override it?

1. Get a lawyer
2. Get all copies of all current legal documents
3. Have your lawyer try to get the PFA dropped
4. With documentation in hand, have your lawyer explain the case to the PO/court
5. Meet with the DA to discuss charges of filing a false report with the police against the ex-wife.
6. Find out all the terms of the probation so this does not happen again.

This whole thing really has nothing to do with her anymore or the PFA.. it's more so because he never called his PO to tell him that he had been arrested.

It's all in the hands of his PO now I assume, right???

[Some Random Guy]

The ex-wife lied to the police in order to get him arrested when he showed up for his court ordered visitation.

Although this is a separate matter from the PO violation, he may want to see his kids again without having to worry about a third arrest.