Order of protection..what happens with custody awarded.. when it ends?

[StickyFingers]

What is the name of your state? FL

I never ever ( And I would hope that "Daddy" wouldn't have) wanted to keep our children away from one parent or another...But I lived with his violent tendencies( as far as beating me bloody and unrecognizable in the face ...to choking me till I passed out..any many more that I do not want to go into) for several years. Our oldest has seen alot...But still holds his dad on a pedestal....He told me that he called his Dad the other day and left a message..( see the exerpt below)...I can only assume that I could be held responsible...What are the penalties if the "plantiff" is found to violate the order? Does the order become null and void?

I cannot be mad at our oldest. I watch both of our children cry their Daddy...It kills me. BUt I WILL NOT let our children be raised to believe that hitting a woman is right.! I WILL NOT allow them to be witness to what their father does to me! My oldest one night, was witness to his Daddy, very busy, putting 3 two and half inch goose eggs on the back of my head. He jumped on his Daddy's back and screamed, "Don't hurt my mommy".."Daddy" jumped up straight and put our oldest son into a wall ( flung off Daddy's back).


I have a few questions....

First...My Order of protection ends on 4-1-04...I was awarded custody of our two small children in the order. My husband IS and ALWAYS will be a wife beater. What happens after 4-1-04?....Does he now have equal rights?.....My understanding says YES!...I just want to know if I am right.( I know what can happen after that date. If what I think is true).

Second...He has contacted me and has tried to contact our kids via his mom and has left messages for our children on my cell. I know this is agaist the order, cause this is the exerpt from my order:

You are ordered not to contact the children listed above or any children in the plaintiff's custody listed below. either in person, by telephone, in writing or otherwise, either directly or through someone else, and to stay at least (no entry)..yards away from them unless you recieve written permission from the Court to do so."( says same thing reguarding plaintiff)

Thanks y'all! Any help will be appreciated!

 

[stealth2]

How old is your oldest?

 

[StickyFingers]

6, Stealth2

 

[stealth2]

sigh... then yes, you are likely in violation of the protection order as well. Sorry.

Most likely, when the order expires, he will have the right to file for visitation, etc. You also have the right to file to have the order extended. You might want to talk to your lawyer about that.

 

[Star43]

just extend the PO!

Usually, you need to appear in court if you want to extend the order. If I was you I would go on 4/1 and say that you are still in fear of your life and explain what he has done. The judge has to extend the order, at least in MA, they have to give a woman a PO because "what if" she ends up being a statistic?

You know that you do not need this violence in your life. Does he have a record? You need to protect yourself and your children. Don't just let the order expire, even though it is only a paper, if anything happens he will be thrown in jail.

Sorry for being so harsh, but you have to be strong for yourself and your kids. Good luck...

 

[WyattJ]

A little advice is talk to the judge into having him take anger managment courses and have the doctor or group be able to write a letter to the judge saying that is he able to be around the children again, or go for supervised visits until he completes this courses/classes and can prove he can be alone with children.

But the question is...Has he done anything towards the children..abuse?

 

[StickyFingers]

Thanks for your replies, all.

Stealth, That is what I thought too. I have been "in the works" kinda trying to find an attorney for a divorce. However, I have consulted legal aid and they will not take it because it is an interstate divorce and custody battle. He is now in SC I am in FL and the order is out of Mass, domesticated to FL.

Star43, Yes. I have been through this a number of years and I have been away from him for quite some time. I appreciate your concern but I have no intention of having violence any longer in my life or our children's lives. As much as it hurts me to keep the children away from thier father. If that is the way it has to be, then I will have to either deal with it the best I can or find a way ( maybe supervised visitation) so that they can have a relationship.

WyattJ, He has already been through the anger management. I was in denial for a while thinking that he would change, or that counseling would help. It didn't. Then I woke up!

To answer your question...Well yes, but not physically, (other than what is in the original post) He would ignore them when he was angry at me and tell them things like he couldn't do this or that with them cause "mommy is being a b*tch".

Thanks for the help ...I have another question if I could get somemore input please.

The order is registered in FL. So does that mean that I could go to court here in FL. to extend it? Even if it originated in Mass?

EDIT-- One more...He still has a warrant out for the assault and battery on me via Mass., and one (I think) for failure to appear for those charges. I know that it would be a total guess on y'alls part. BUT What do you think of the chances that he would even show up at a divorce or custody or restraining order hearing?

If he does then do I tell the judge or someone else that he has outstanding warrants? Will they put him in jail?...(at least until the find out if Mass. wants to extradite)