• 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.

Please Help!!! Divorce w/kids

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

TheB52

Junior Member
What is the name of your state (only U.S. law)? ohio
I'm going thru a divorce and have been called but not visited by the sheriff's deputy about not calling or setting foot on property that wife works at. My question is, am i suppose to be served papers about either of these situations or is the deputy calling me and informing me enough? She has committed adultry twice on me, there has been no domestic violence and our kids get off the bus at the store every day and stay there till when ever she decides to send them home( the store is mother-in-laws and she works there under the table. she also recieves medical from state for her and the children.) I can not call my children to talk to them while this is going on and am currently trying to get custody. Please help as i'm as broke as they come paying her credit card debts( in her name only) while we were together. I have moved out and have a place for me and my 2 girls but want to do this correctly for my girls future. Thank you for all your help in advance.
 


Isis1

Senior Member
you were given a verbal warning.

now, if you want to ignore that verbal warning, mom can file to have a restraining order against you. it's up to you. you can make your life worse. some people enjoy that drama.
 

Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? ohio
I'm going thru a divorce and have been called but not visited by the sheriff's deputy about not calling or setting foot on property that wife works at. My question is, am i suppose to be served papers about either of these situations or is the deputy calling me and informing me enough? She has committed adultry twice on me, there has been no domestic violence and our kids get off the bus at the store every day and stay there till when ever she decides to send them home( the store is mother-in-laws and she works there under the table. she also recieves medical from state for her and the children.) I can not call my children to talk to them while this is going on and am currently trying to get custody. Please help as i'm as broke as they come paying her credit card debts( in her name only) while we were together. I have moved out and have a place for me and my 2 girls but want to do this correctly for my girls future. Thank you for all your help in advance.
If you show up at her place of employment you will be charged with criminal trespass -- that is a CRIME. Are there any temporary custody orders? Have you filed for temporary orders for visitation?
 

mistoffolees

Senior Member
If you show up at her place of employment you will be charged with criminal trespass -- that is a CRIME.
Not necessarily - unless there's a court order telling him to stay away. It's a public establishment and his kids get off the bus there.

I guess it depends on what the sheriff's office told him on the phone.

At the same time, it's just a bad idea. His wife doesn't want him there and it's likely to lead to trouble. Better to follow the rest of your advice - ask the court for temporary visitation orders and/or custody.
 

LdiJ

Senior Member
Not necessarily - unless there's a court order telling him to stay away. It's a public establishment and his kids get off the bus there.

I guess it depends on what the sheriff's office told him on the phone.

At the same time, it's just a bad idea. His wife doesn't want him there and it's likely to lead to trouble. Better to follow the rest of your advice - ask the court for temporary visitation orders and/or custody.
I am going to disagree Misto. Even a store has the right to bann someone from entering the premises. He has been warned off by the sheriff. That means its very possible that he would be arrested for criminal trespass if he shows up there again.
 

mistoffolees

Senior Member
I am going to disagree Misto. Even a store has the right to bann someone from entering the premises. He has been warned off by the sheriff. That means its very possible that he would be arrested for criminal trespass if he shows up there again.
As I said, it depends on what the sheriff said. It's not clear that it was an official warning of any time, nor is it clear that it was a warning from the store owner.

It is quite possible that the wife knows someone in the sheriff's office who asked him to stay away informally.

If it was an official warning, I would agree.
 

Ohiogal

Queen Bee
Not necessarily - unless there's a court order telling him to stay away. It's a public establishment and his kids get off the bus there.

I guess it depends on what the sheriff's office told him on the phone.

At the same time, it's just a bad idea. His wife doesn't want him there and it's likely to lead to trouble. Better to follow the rest of your advice - ask the court for temporary visitation orders and/or custody.
You are wrong. The law in Ohio allows for him to be charged with criminal trespass since he has been told to stay away from her place of employment. HE can be arrested if he goes there -- even if it is a public establishment. And most likely the children do not get off the bus at the public establishment. They most likely get off at the street.
 

Ohiogal

Queen Bee
As I said, it depends on what the sheriff said. It's not clear that it was an official warning of any time, nor is it clear that it was a warning from the store owner.

It is quite possible that the wife knows someone in the sheriff's office who asked him to stay away informally.

If it was an official warning, I would agree.
All it takes is he being told by an agent of the company OR the police to stay away. it doesn't have to be FORMAL. It just has to be a warning to remain away. You seem to believe it needs to be an "official" warning. Nope. It doesn't.
 

Bali Hai

Senior Member
You are wrong. The law in Ohio allows for him to be charged with criminal trespass since he has been told to stay away from her place of employment. HE can be arrested if he goes there -- even if it is a public establishment. And most likely the children do not get off the bus at the public establishment. They most likely get off at the street.
Then he should be able to get the sheriff to call her and warn her to stay away from his place of employment and his new residence.
 

Ohiogal

Queen Bee
Then he should be able to get the sheriff to call her and warn her to stay away from his place of employment and his new residence.
She doesn't have a right to be at his new apartment since it is not considered the marital residence. Nor does she have a right to be at his place of employment. He has a right to tell her not to show up there. Unless there are court orders saying otherwise, he has that right.
 

Bali Hai

Senior Member
She doesn't have a right to be at his new apartment since it is not considered the marital residence. Nor does she have a right to be at his place of employment. He has a right to tell her not to show up there. Unless there are court orders saying otherwise, he has that right.
The sheriff should tell her.
 

mistoffolees

Senior Member
All it takes is he being told by an agent of the company OR the police to stay away. it doesn't have to be FORMAL. It just has to be a warning to remain away. You seem to believe it needs to be an "official" warning. Nope. It doesn't.
OK. I stand corrected.
 

Find the Right Lawyer for Your Legal Issue!

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