Filing an injunction

[benji13804]

What is the name of your state? Florida

I am as you say the legal stranger however i am the funder for this whole expedition that my wife's ex seems to want to put us through.

For the last almost 3 years, this ex of hers and his mother have put us through hell. Constant false reports through DCF and frivilous emergency custody hearings "based" on everyting from the daughter needs to be raised by her father to my wife and I are beating and abusing her daughter, she is being molested, being given cough syrup just so she will go to sleep every night, prostitution in the house, sexual predators in the house, we dont make enough money to support her and I could go on and on down the list. None of these are true!!!

I am tired of spending thousands of dollars with an attorney and not ending up any further ahead than where i am at now. In the last two years, DCF has recieved about 8 false reports and yet they still haven't prosecuted her ex over maliciously filing false reports. All cases they have investigated have been cleared.

The biggest problem is the father of this child, as well as the paternal grandmother are brainwashing this child into claiming she is being molested (currently it is a child on child claim but their next try will most likely involve an adult as this one hasn't worked for them) and even getting her to say that a glass object was broken and shoved in her. Again, this was false and she has been forensically investigated and is completely in tact.

My brake lines have been cut, my truck has been set on fire twice as well as things have been added into my gas tank that almost demolished the engine in my truck. The police have been unable to find any solid evidence against him and since he lives a county over, they haven't even gone to question him on the possibility of the whole "it wasn't me" defence that he would have come up with.

This guy is about 13,000 behind and every time we have gone for a purge, he doesnt pay and is finally arrested and then bailed out by his mommy the next day and it ends up costing us more to take him to court for the purge than what we actually get out of the purge.

My wife is wanting to file an injunction to limit his contact with his daughter to a state visitation center where she will be monitored and not subjected to, or at least minimize the psychological abuse that she is subjected to. Dcf has been unable to do much to either help us or protect this child and our attorney just costs way too much for a single income family with four children. I am a surveyor and have a pretty good grasp of drafting legal documents, i am just looking for a little guidance and possibly some forms that i need to attach to get somewhere with protecting my family and ending this constant harrassment and abuse. FYI, I have a power of attorney for my wife and can either redraft or alter the context to help in my being able to deal with the case. Legal aid was unable to help us as my income is over 50,000 a year but the issue is that this day and time, 50k just isn't all that much as a single income with four kiddo's and a house and everyting that goes along with it. Thanks in advanceWhat is the name of your state?What is the name of your state?


Edit: Other post deleted, thanks

 

[Ohiogal]

Is the child in counseling?

Park your cars in the garage. Put cameras around your property. You cannot represent your wife in court with a POA. You can hire counsel for her but that is all. She can file for a restraining order and you can file for a restraining order.

 

[OhReally?]

She should also consult an attorney or two about suing him for the constantly frivolous lawsuits he keeps on filing. Of course, the next one he files, she should be asking for attorney's fees and also motioning the court for sanctions against the ex for the constant barrage of frivolous suits and ask for compensatory and punitive damages. Ask to have liens levied, etc.

 

[Silverplum]

What is the name of your state? Florida
I am as you say the legal stranger however i am the funder for this whole expedition that my wife's ex seems to want to put us through.
{snip}
I am tired of spending thousands of dollars with an attorney and not ending up any further ahead than where i am at now.
{snip}
and our attorney just costs way too much for a single income family with four children.
{snip}
Legal aid was unable to help us as my income is over 50,000 a year but the issue is that this day and time, 50k just isn't all that much as a single income with four kiddo's and a house and everyting that goes along with it.

I am in no way minimizing what you say the X has done to your property.

However, I am stunned and amazed that you think you could EVER qualify for Legal Aid at your salary. That service is clearly not for people of your income levels.

You never had to spend a single dime. You chose to. But this is your wife's fight. Does she work? No? Again, your family choice.

Edit: Could an admin please delete one of these topics as i may have accidentally double clicked when creating the topic

If you did, you have the ability to delete it yourself.

 

[benji13804]

i now have about a thousand in security cameras inside and out of the house, at the time she applied for legal aid, we werent married and she wasn't working. The biggest problem is the spending thousands of additional dollars with the attorney is really getting to me (almost 10,000 to date), I feel that there should be ways of dealing with this ourselves to a certain extent.


Edit: As for asking for the attorney's fees, we have been awarded fees previously, but as long as he pays just the purge of the child support, he doesn't have to actually pay the fees until he is completely caught up with his arrears (approximately 14,000 at this time)

 

[Silverplum]

i now have about a thousand in security cameras inside and out of the house,

Good.

at the time she applied for legal aid, we werent married and she wasn't working.

That is NOT what you wrote previously.

Me no how 2 reed.

The biggest problem is the spending thousands of additional dollars with the attorney is really getting to me (almost 10,000 to date), I feel that there should be ways of dealing with this ourselves to a certain extent.

That's a pittance. Really.
There is a way to deal with it without an attorney: it's called "pro se" and it means she learns how to be her own attorney.

 

[benji13804]

Yeah, unfortunately, she isnt how shall i say the strongest person when it comes to standing up for herself which is why I am usually the one having to deal with everything. I am in no way saying that I dont mind doing this as I 1) would do anything for her and our children and 2) am actually pretty good at research and enjoy the challanges.

I was informed by the attorney that we have that a restraining order would actually not be the best route as it would be much better to catch him in the act, however he is a sneaky/sly little *******

And sorry if I had made myself unclear earlier about when she had actually applied for legal aid.

On the false allegations through DCF, the attorney keeps telling me that it is DCF's responsibility to pursue the false reporting and the DCF investigator keeps telling me that it is our/our attorney's responsibility to persue this. However, I was of the understanding that it was a criminal act(3rd degree felony) in the state of florida for each call and have a hard time understanding why I(she) would have to go through civil courts for what should be in criminal court.