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DV/child supervised visits

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F

family need

Guest
What is the name of your state? new jersey

this is a long story but will try to be brief. my brother is going through a nasty divorce and his wife who wants to stay in the marriage, convinced herself that husband was suffering from bipolar and was depressed. she called a local hospital, made up outrageous stories and by brother was ripped from his bed in the middle of the night and taken to a facility. a lawyer got him out fast and he has been cleared by the hospital with no bipolar. while he was in the hospital the wife took out a tro which was droped in dv court yesterday. also, child protective service was called in because they have a child. long story short, my brother can only have supervised visits with his daughter, a bizarre twist of justice. question, what legal action can be done against the wife for fabricating a story of mental illness on her husband? can hospital be sued? how can my brother appeal the supervised visits? he's been cleared on any mental illness and child protection service worker deemed he is no threat to the daughter and should have unrestriced visits. judge ordered supervised visits anyway. can you recommend case law?
 


F

family need

Guest
dv/child supervised visits

thank you for your reply. the current attorney is working primarily to obtain the divorce but has limited know how regarding hospital suits or criminal charges. however, he did say that the wife can be punished in the divorce suit by a procedure called tepis in which many suits are bundled into one. husband can sue for monetary damages for the false accusations. we feel that wife should have criminal charges brought against her but unfortunately, because of the political landscape, false allegations are considered a misdemeanor. thousands of dollars in legal fees could be spent and she would mearly receive a slap on the wrist if that. also there's a possibility that the hospital would be immune from suit because they were reacting according to wife's story. wife story is so outrageous, so bizzare, that i feel anyone reading her claims should have called into question the veracity of her statments. but this did not happen. this is why i'm looking for case law to see if someone was successful in a similar situation. as for the child supervised visits, the attorney offered no information as to how to lift the supervised visits to normal visits. the attorney did ask the judge for regular visits since the defendant was not any threat to the child but judge did not agree and went with the supervised visits. recently here in nj our child protection agency known as DYFS has been under fire due to mishandling of a case which lead to a death. they may now be overreacting. thanks for the help. again any case law would be appreciated.
 
H

hexeliebe

Guest
FamilyNeed;

No reputable attorney or poster on this site will intervene between your brother and his attorney. That's why the former question. Not only would it be unethical, but also we don't know the facts of the case as well as the current attorney.

What your brother could do, since his current attorney does not seem qualified to fight the charges against him, is to hire another attorney to address these charges.

I know it's not what you want to hear, but the two issues, while related in one court, are actually two separate issues and need to be addressed as such.
 

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