Restraining order

[Ashlee91977]

What is the name of your state? CA

WE currently have a restraining order in place restraining my fiance's ex from taking their daughter outside of the county lines. Memorial day weekend we found that they had left the county and went ahead and made a police report. My step daughter told her father during our weekend visit that they had gone out of the county once again over labor day. Is it toolate to file a report, or should we go ahead and do it? THe order is in place until the outcome of a current custody battle. Should we file contempt charges? I have had a few people tell us to go ahead and file for contempt. We're not sure what to do. We do not have an attorney and cannot afford one. Thanks in advance.


Ashlee

 

[LdiJ]

What is the name of your state? CA

WE currently have a restraining order in place restraining my fiance's ex from taking their daughter outside of the county lines. Memorial day weekend we found that they had left the county and went ahead and made a police report. My step daughter told her father during our weekend visit that they had gone out of the county once again over labor day. Is it toolate to file a report, or should we go ahead and do it? THe order is in place until the outcome of a current custody battle. Should we file contempt charges? I have had a few people tell us to go ahead and file for contempt. We're not sure what to do. We do not have an attorney and cannot afford one. Thanks in advance.


Ashlee

Well, first you had best make sure what the judge intended by that order. Its is very common for a judge to restrict a parent from MOVING outside of a county with a child...in fact, its standard verbiage in many states when a custody case is initiated. It would be quite unusual however for a judge to order that someone may not leave the county at all, even for a weekend, or day, or a few hours.

Either type here word for word what the order actually says....or get a consult with a local attorney....to make sure that you are interpreting it correctly.

If the judge didn't intend that kind of unusual restriction, it could make your fiance look bad/micromanaging to file for contempt.

Also, watch the "we" verbiage. Judges and other court professionals also don't like it when a fiance or other significant other gets overly involved in the whole thing. Therefore the words "we" and "our" could really trip you up and hurt your fiance.

 

[Ashlee91977]

Well, first you had best make sure what the judge intended by that order. Its is very common for a judge to restrict a parent from MOVING outside of a county with a child...in fact, its standard verbiage in many states when a custody case is initiated. It would be quite unusual however for a judge to order that someone may not leave the county at all, even for a weekend, or day, or a few hours.

Either type here word for word what the order actually says....or get a consult with a local attorney....to make sure that you are interpreting it correctly.

If the judge didn't intend that kind of unusual restriction, it could make your fiance look bad/micromanaging to file for contempt.

Also, watch the "we" verbiage. Judges and other court professionals also don't like it when a fiance or other significant other gets overly involved in the whole thing. Therefore the words "we" and "our" could really trip you up and hurt your fiance.

The order was made in response to us filing a a child abuduction prevention. The other party really has no ties to where they live now and own property outside of the US. The other party has also made threats before. The judge granted the child abudction prevention. I am at work right now but will go to lunch in about an hour. I will pick up the papers and type it out word for word then. Thank you for your response and I can see what you are saying about the judge thinking we are trying to micromanage. If we are it is for what we believe a good cause. The other party has had abuse and neglect allegations made and child protective services have been trying to work with her so that she is able to keep her children. There is a whole lot more to this story and if you need more information I would be more than happy to share. We truly want the best for the child and hope that whatever outcome there is is the best one for the child.


Ashlee

 

[MelissaM79]

Yes, you should file a police report anyway, it is never too late to file a police report although the sooner you do it then better it is. Just make sure you have enough evidence that she did take your child outside the county. Not sure about the contempt charges but I would think that you can, that is just an assumption by me so someone else may want to come in and tell me, I may be wrong.

But it would be a good idea to go ahead and file a police report so you will have backing IF you are able to file contempt charges.

I agree with making sure that is what the judge intentions are.

 

[Ashlee91977]

Um Excuse me? I am the one helping my fiance. I am smart enough to realize that the judge does not want to hear we in court and he goese to court on his own without me. So, with that said it is technically we, yet that is not said or even brought up in court. THanks for your reply.

 

[haiku]

Yes, you should file a police report anyway, it is never too late to file a police report. Just make sure you have enough evidence that she did take your child outside the county. Not sure about the contempt charges but I would think that you can, that is just an assumption by me so someone else may want to come in and tell me, I may be wrong.

But it would be a good idea to go ahead and file a police report so you will have backing IF you are able to file contempt charges.

UMM.... did you even read the responses already given to this OP?

you might want to back up your bus and reread the question, and the answers ALREADY given.

 

[Ashlee91977]

Yes, you should file a police report anyway, it is never too late to file a police report although the sooner you do it then better it is. Just make sure you have enough evidence that she did take your child outside the county. Not sure about the contempt charges but I would think that you can, that is just an assumption by me so someone else may want to come in and tell me, I may be wrong.

But it would be a good idea to go ahead and file a police report so you will have backing IF you are able to file contempt charges.

I agree with making sure that is what the judge intentions are.

Will do. Thank you for your response. I will let hm know when I get home and HE can file a report. If anything, and he decides to not press charges, it will go along with what she is denying she said about not having to follow the court order. Thanks a bunch and I willpost it word for word when I get it during my lunch hour.



Ashlee

 

[MelissaM79]

UMM.... did you even read the responses already given to this OP?

you might want to back up your bus and reread the question, and the answers ALREADY given.

Well, considering I was responding at the SAME time as others, no, I didn't get to read the responses until AFTER I submitted the post.

Also, you may want to wait for the OP to respond to others as she did find my information useful.

Thanks, my post was deleted as others had already posted my same response.

 

[haiku]

you won't know anything until you read that court order......

 

[haiku]

Well, considering I was responding at the SAME time as others, no, I didn't get to read the responses until AFTER I submitted the post.

I already had one rude person that I had to report, please don't make me have to do 2 in one day.

Also, you may want to wait for the OP to respond to others as she did find my information useful.

Thanks, my post was deleted as others had already posted my same response.

your response was "useful" to the OP because you told her what she WANTS to hear, not what is going to neccessarily help her fiance.....

 

[Ashlee91977]

Well, considering I was responding at the SAME time as others, no, I didn't get to read the responses until AFTER I submitted the post.

I already had one rude person that I had to report, please don't make me have to do 2 in one day.

Also, you may want to wait for the OP to respond to others as she did find my information useful.

Thanks, my post was deleted as others had already posted my same response.

Apparently there are a few rude people in here. I appreciate your response and all of the others who have responded politely and factually. The rudeness and snottiness is not needed at all. Thanks again for your response.

 

[Ashlee91977]

your response was "useful" to the OP because you told her what she WANTS to hear, not what is going to neccessarily help her fiance.....

No it was not useful because it is what I wanted to hear. Um if someone told us to rpeort it and just keep it on file that is what would be done. That is more than likely what WE will do. YEs I realize judges don't like to hear we. I do not go to court with my fiance and we are both working on the case TOGETHER. HE asked me to help him so I am helping him... If someone has and issue with me using WE in a forum then I am sorry. What the first responder said makes sense and I did not reply to that portion because it was something that was already known and something that was ALREADY being done and taken care of. THere is no need for you to be rude and snarky to anyone here.

 

[LdiJ]

Will do. Thank you for your response. I will let hm know when I get home and HE can file a report. If anything, and he decides to not press charges, it will go along with what she is denying she said about not having to follow the court order. Thanks a bunch and I willpost it word for word when I get it during my lunch hour.



Ashlee

Memorial Day and Labor Day were both holidays. Where exactly did she take the child out of the county?...that could end up being a factor as well.

Think about it? Your fiance files for contempt, it goes in front of the judge. She responds with, "your honor I took the child to XXXX amusement park, or XXX lake, or XXX state park. It never occurred to me that we were restricted from that kind of outing."

Or, if the situation was a visit to a local mall that just happens to be outside of the county line, that could be an issue as well.

Don't get me wrong...I understand dad's concern if she is a potential flight risk, However, dad also has to be realistic about things...he is not going to be able to keep things that restricted on a long term basis. (if the order actually makes them that restrictive now)