• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Violation of Order of Protection

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

JanetTat2Vixon6

Junior Member
What is the name of your state? NY

I have two orders of protection against my ex-husband, one is in criminal court and is a non-harrassing order and is permanent, the other is in family court and is a no-contact/stay-away order wich includes my children (except for every other sunday 9-6 supervised visits only!). My questions are these:

1) Can I bring charges against him for things he did like 7-8 months ago for the criminal one with a leg to stand on.

2) The family court one (stay away) states specifically that he is not to mentally or physically endager the welfare of the children, however, he constantly is pressuring them for information about me & my personal life (including my boyfriend), and is always tell them I am trying to put him in jail for life (they are 9 & 6). Isn't this endangerment to their mental well being? My daughter feels pressured and has even been sick to her stomach with stress after visits.

He also just filed a bogus CPS report because he is mad I got sole custody last week. He said I am living in inadequate conditions for the children (they share a bedroom) - is this a problem since they are opposite sexes, though they have bunk beds and I am a single mom of 4 that has no financial support from the ex - any advise? Sorry so long.....
 


stephenk

Senior Member
1. you can report the violations. Big question is why have you waited so long to report the violations.

2. dont worry about the sleeping arrangements. Do you have an attorney representing you? Are the visitations supervised?
 

JanetTat2Vixon6

Junior Member
I did violate him in family court during our proceedings for sole custody, but the attorneys made an arrangement that I would get everything I asked (sole custody, dad attending anger management, parenting classes, drug & alcohol eval & treatment and also mental eval & treatment, and supervised visits every other sunday from 9-6 - NO overngihts!) if I would drop the violation order. So to avoid a trial and being put on the stand and having my children being subjected to any more I said ok. However, he has told my daughter he has NO intentions on taking any classes and will never call them again at my home (he hasn't called in 6 months). He went months without seeing them as well. I called my attorney to tell her he was not going to take the classes and she said that he just wont be able to ever see the kids more than he is. I was so mad - I wanted him to have to take them, but no one told me he would end up not having to take them or I would have never agreed to it. So that is why I want to reinstate the charges or bring them up in the other court actually. But I don't know if they'll do it. I don't want them thinking I am constantly bringing him to court for vengence, but he NEVER follows the courts orders and I ALWAYS do, it's just not fair. At least I know he'll never get them for a holiday (at least not a full one if it falls on a sunday), birthdays, functions, etc. I am just glad they are safe with me but hate seeing him getting away with so much. He doesnt' pay support (not orderded to in divorce - my mistake!), but he is ordered to pay 1/2 of daycare and medical but refuses and we are going to court for that violation next month. I have lost more time and money with this man, he doens't work so it doesn't bother him to spend the afternoon at the court house.

Sorry I got rambling, the story could go on for hours..... I hope this explained what you wanted to know. Thanks!
 

JanetTat2Vixon6

Junior Member
I assume you are talking about the classes not the children correct? I just wanted to be sure..... I realize now that he doesn't HAVE to, but what is the sense in putting an order into place if you don't have to follow it? Especially when it is in the children's best interest as well as his own? This justice system needs great improvement, and I am not just speaking from this case, I am going for my BA degree in criminal justice and I have seen alot so far that is just nuts!
 

stealth2

Under the Radar Member
Nope - I'm talking about the kids. His visitation is his to take or not. It is a right, not an obligation. However, you have the obligation to make sure the kids are available during his ordered visitation time. When enough time has passed with him not taking it, you can request a modification. But you cannot force him to take the kids.
 

JanetTat2Vixon6

Junior Member
In that case, you misunderstood. He does want to take the kids during his scheduled visitation and I have never refused that. So that is not an issue, but thanks for your input anyway.
 

stealth2

Under the Radar Member
Well, you may want to edit your post to make it more clear - it is very confusing as written.
 

JanetTat2Vixon6

Junior Member
I'm sorry if you misunderstood, but if you read all of the posts, from beginning to end you would have never read anything about him refusing to see the kids. Sorry you got upset about misreading. Have a nice, and happier day please.
 

stealth2

Under the Radar Member
I'm perfectly happy, thank you. And I'm sorry if you're not interested in making your post clearer for the people whose help you're asking. In all honesty, noone is going to spend time going back through all your posts to piece your story together. If you look at the portion of your first post in this thread that I pasted below, you may see why it's difficult to see that you're talking about the classes and not the kids. Just trying to help you get as much help as possible.

"He went months without seeing them as well. I called my attorney to tell her he was not going to take the classes and she said that he just wont be able to ever see the kids more than he is. I was so mad - I wanted him to have to take them, but no one told me he would end up not having to take them or I would have never agreed to it. "
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top