Stay Away Order

[Isis1]

if i read correctly, his visitation ends on wednesday, allowing tuesday time to file for an ex-parte motion.

i actually did the same thing. I withheld custody and risked the contempt charge after the then CP beat our older son. Took him to the police station, they took a report, took pictures of the bruises and i went to the courthouse the very next morning. i would guess the faster OP acts on this, the better the judge may not act on a contempt charge (if in fact one is brought up).

would it be in the OP's favor to have the child talk to a police officer today about what happened? or would a actual copy of RO be needed at the time of the attempted report? what if he were to go down to the police station, ask his questions, then request to speak to the same officer to make the report once he has his restraining order in hand?

 

[BL]

I'm wondering why the authorities involved ( usually mandated ) , haven't called CPS on this ?

 

[bray6]

Update....I went to my attorney's office and the order states "there shall be no contact" between my daughter and her mom's boyfriend. I don't know how the judge will interpret the order since my daughter was within 30 ft of the boyfriend but he did not technically contact her. On the other hand, I could argue that mom could try to have the boyfriend in the same house as my daughter and as long as they did not talk to each other mom would think that she is not in violation of the order. It's obvious that mom is not going to listen to me, the court or anyone else. I filed an exparte this morning and we are to be in court tomorrow. Hopefully I'll get custody of her so she won't have to be exposed to this guy.

 

[Isis1]

definitely let us know ont he outcome of this!

 

[ritat]

When my daughter and I had a no contact order against ex psychopath. He drove thru my apartment complex and the judge said ex was in violation because he attempted to make contact.

Good Luck to you and give us an update for sure!!

 

[Bloopy]

psychopath... He drove thru my apartment complex

Wow. I took this literally at first.

 

[ritat]

Wow. I took this literally at first.

LOL! no, he was driving around my apartment complex and I took a picture of him because when he kept denying it to the police. Can't deny a picture.

 

[bray6]

Update....Judge did not do anything, he simply said to mother that she should not do anything that looks inappropriate and to be careful. I am going to contact CPS this morning and see what they say.

 

[casa]

Unbelievable. Definately contact CPS. The RO reads 100 ft. and NO CONTACT. Being forced to sit outside her abusers house & being forced to see her abuser is NOT OK.

 

[ritat]

Unbelievable. Definately contact CPS. The RO reads 100 ft. and NO CONTACT. Being forced to sit outside her abusers house & being forced to see her abuser is NOT OK.

I agree! I'm sorry you have to go through this. I know I keep referring back to my case but when my ex tried to make contact on numerous occasions and each time he would deny it to the police. I had to finally get proof so instead of picking up the phone and calling 911, I picked up my camera. Until I had proof the police/courts weren't going to do anything. What is wrong with this mother who wants to bring her child around an abuser? When I went through this I did everything to protect my child and myself. Hopefully someone else on here can give you some more options.

 

[bray6]

Mom admitted to doing it. Her attorney said that my daughter wanted to go over there and that my daughter was 54ft from her abuser. Her attorney said that I just wanted this relationship to end. As if I made up the bruises from him biting her and he even admitted to biting her "on accident" of course. I'm not sure what else I need to do. I contacted CPS, they took my information but they said it is the police that have to remove my daughter from the home not them. They said they will probably talk to my daughter at school soon. CPS asked for my ethnicity and I told her Native American and then she asked if I was registered with my tribe and I said yes. I'm not sure what significance there is in that.

 

[Isis1]

did the judge give his full definition of what "no contact" means? because if they admitted to it in court, wouldn't that have had an affect on the hearing?

 

[casa]

Mom admitted to doing it. Her attorney said that my daughter wanted to go over there and that my daughter was 54ft from her abuser. Her attorney said that I just wanted this relationship to end. As if I made up the bruises from him biting her and he even admitted to biting her "on accident" of course. I'm not sure what else I need to do. I contacted CPS, they took my information but they said it is the police that have to remove my daughter from the home not them. They said they will probably talk to my daughter at school soon. CPS asked for my ethnicity and I told her Native American and then she asked if I was registered with my tribe and I said yes. I'm not sure what significance there is in that.

Because tribal authorities may need to be contacted. Do either of you live on reservation land?

 

[bray6]

No we don't. Our tribe is in Oklahoma and we are in California.

 

[casa]

No we don't. Our tribe is in Oklahoma and we are in California.

Ok. Please come back & update us after CPS speaks with your child.

Your attorney needs to be MUCH more assertive. IMO