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Filed Child Support against ex, received threats..should I file a restraining order?

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not2cleverRed

Obvious Observer
He's more bark than bite...he has always been a narcissitic manipulator. Highly doubt he'll put his hands on me, especially now that he has a baby on the way from the new girlfriend. He's never been violent with the girls, nor have they ever told me he has. He's really just trying to manipulate me into not filing. Saying such things as" I don't make a lot of money" (so I could feel bad for him) But the other day he showed up in a brand new car that supposedly the girlfriend bought him.
Then don't threaten to file... just file.

Support should be determined based on your state's calculator, which takes into account his income.
 


lilo8989

Junior Member
THere are some state specific rules ( way beyond me..I just,know they are there ) as to CS math and subsequent children ...seems smart to me to get my CS order in place before there are any others in any line to be addressed .
I did, I filed for child support before the threats occurred. Threats occurred because I filed. That's where my question comes in, as to whether or not to file a restraining order from him now. Which I probably will not. Haven't heard from him since, guess he came to his senses that it's probably not a good idea to make threats and talk non-sense over something that's already been done.
 

not2cleverRed

Obvious Observer
I did, I filed for child support before the threats occurred. Threats occurred because I filed. That's where my question comes in, as to whether or not to file a restraining order from him now. Which I probably will not. Haven't heard from him since, guess he came to his senses that it's probably not a good idea to make threats and talk non-sense over something that's already been done.
It is still good to report the threats to the police. It might be useful to have a record of such behavior when he (predictably) tries going to court to change parenting time. (Some people do that in an attempt to decrease child support.) It might also be useful in case he decides to follow through on his threats...
 

Zigner

Senior Member, Non-Attorney
I left him about 2 years ago, he didn't leave quietly. He damaged my property and I called the cops and filed a police report. We have a long history of domestic violence, its not the first time he verbally or physically abused me. That was not the only time i called the cops on him. He's been to jail once years ago for putting his hands on me.

Should I go ahead and file a restraining order against him for the threats he has recently made? Will this affect me at when i try to go for full custody of my children? Do I need a lawyer?

Thanks in advance.
I disagree with the people who are telling you not to seek a restraining order. He has a history of violence against you and he has threatened further violence

ETA: Upon further review, I don't think anyone's actually suggest that you shouldn't get a restraining order. In any case, I believe that you should.
 

LdiJ

Senior Member
I disagree with the people who are telling you not to seek a restraining order. He has a history of violence against you and he has threatened further violence

ETA: Upon further review, I don't think anyone's actually suggest that you shouldn't get a restraining order. In any case, I believe that you should.
I certainly agree with you. I already advised her to call the police about the threats and to get a restraining order. Those threats were not vague.
 

HRZ

Senior Member
ALso check the definition of "assault " in your state ...his new threats might rise to same ...
 

Zigner

Senior Member, Non-Attorney
ALso check the definition of "assault " in your state ...his new threats might rise to same ...
Not very likely - there was no fear of an "impending battery". For example, had he been standing there and, in a threatening manner, said "I'm going to punch your face", that would likely rise to the level of assault, but not a text for which he has no immediate (ie: impending) way of committing the threatened act.
 

HRZ

Senior Member
I tend to agree with Zigner ....but I'd check my details of his threats .

A threat to cut your head off if you show up at his home is not an impending threat but a threat to come over to your house and cut your head off just might sound like " impending battery " and rather credible in context of his history. ( physically how close is he ? )

( a wacky neighbor of my sisters has made several clear threats text and voice mail to bury her ..and I've suggested she pay keen attention to words in the precise statute and contact counsel or police ..and discuss RO with counsel as well )
 

LdiJ

Senior Member
I tend to agree with Zigner ....but I'd check my details of his threats .

A threat to cut your head off if you show up at his home is not an impending threat but a threat to come over to your house and cut your head off just might sound like " impending battery " and rather credible in context of his history. ( physically how close is he ? )

( a wacky neighbor of my sisters has made several clear threats text and voice mail to bury her ..and I've suggested she pay keen attention to words in the precise statute and contact counsel or police ..and discuss RO with counsel as well )
Just a few days ago one of my neighbors threatened another neighbor by text using similar types threats of violence and the police seem to be taking it very seriously.

I am quite concerned for the safety of the OP.
 

Zigner

Senior Member, Non-Attorney
Just a few days ago one of my neighbors threatened another neighbor by text using similar types threats of violence and the police seem to be taking it very seriously.

I am quite concerned for the safety of the OP.
I am not suggesting that the threats be taken any less seriously, I am merely pointing out that they aren't likely to be considered "assault" under the OP's state's laws.
 

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