order of protection reversal and cps investigation

[Banned_Princess]

No because neither one of those statements is true.

so then what is true. what exactly was the reason you told the court you need to be protected from.



in NY to petition for a TRO, you have to allege abuse, or violence, or extreme harassment.

so what... did you just go to court and say, i want a restraining order against my daughter for no reason.

and furthermore how do you explain your initial post...

What is the name of your state (only U.S. law)? New York
I initiated an order of protection against my daughter but with to cancel it. But before I did a petition to cancel the order, my daughter was served but the order stated that my original petition "may more appropriately be an abuse and neglect petition" (for her children) What a mess this has become! And the judge ordered a CPS investigation or a 1034. This was NOT my intention!! Many people are commonly advised never to speak to CPS about anything. They often twist your words and make life miserable for all parties involved.

this is no longer in your hands or the hands of your daughter. it is in the hands of CPS and I suggest you cooperate fully with them.

So, I sent certified mail demanding that they cease and desist trying to contact me and my daughter did the same.

there is no way that is going to stop an investigation ordered by a judge.

As I stated before, my original complaint had no mention of children at all. I want to be prepared for what comes next. I did file the petition to end my with for an OOP but what can I expect or what can I do to put this whole mess behind us. My daughter is sorry for how she treated me. Again, this had nothing to do with children. Please help. Thank you.

there is nothing you can do. cases like this are automatically picked up by the state, and they absolutely do not need you, or your daughters permission to investigate or prosecute.




I don't know how much clearer we can be at this point.


you screwed your daughter, and so what she is sorry for how she treated you, most abusers are when faced with legal and criminal action.

 

[whatcanidoo]

Were the kids present when your daughter did whatever it is she did (that caused you to file for an OOP)?

No not at all!

 

[Banned_Princess]

your right, your daughter will probably need a lawyer once the DA gets around to the complaint.

and I'm sure your relationship with your daughter will survive CPS removing her children.

 

[whatcanidoo]

so then what is true. what exactly was the reason you told the court you need to be protected from.



in NY to petition for a TRO, you have to allege abuse, or violence, or extreme harassment.

so what... did you just go to court and say, i want a restraining order against my daughter for no reason.

and furthermore how do you explain your initial post...




this is no longer in your hands or the hands of your daughter. it is in the hands of CPS and I suggest you cooperate fully with them.



there is no way that is going to stop an investigation ordered by a judge.





there is nothing you can do. cases like this are automatically picked up by the state, and they absolutely do not need you, or your daughters permission to investigate or prosecute.




I don't know how much clearer we can be at this point.


you screwed your daughter, and so what she is sorry for how she treated you, most abusers are when faced with legal and criminal action.

So then what the heck is a petition to reverse? They didn't create this form for nothin'

 

[Banned_Princess]

So then what the heck is a petition to reverse? They didn't create this form for nothin'

I have dealt with several TRO's stay away, and refrain from, and I have never heard of a petition to reverse. and even if you did submit a "petition to reverse" they certainly don't have to grant your petition.

 

[stealth2]

So then what the heck is a petition to reverse? They didn't create this form for nothin'

Please provide a link, as I'm not finding anything similar to what you're referencing. Thanks.

 

[Banned_Princess]

Please provide a link, as I'm not finding anything similar to what you're referencing. Thanks.

Oh, she cant.

I cant find anything vaguely similar either.


http://www.nycourts.gov/forms/familycourt/domesticviolence.shtml



not one form to reverse a petition for a restraining order.

 

[stealth2]

Oh, she cant.

I cant find anything vaguely similar either.


http://www.nycourts.gov/forms/familycourt/domesticviolence.shtml



not one form to reverse a petition for a restraining order.

Well... He apparently believes he can, so I'd like to see what he's referencing. Do you mind letting him do so?

 

[whatcanidoo]

I have dealt with several TRO's stay away, and refrain from, and I have never heard of a petition to reverse. and even if you did submit a "petition to reverse" they certainly don't have to grant your petition.

Why have YOU dealt with several of those??

 

[Banned_Princess]

Well... He apparently believes he can, so I'd like to see what he's referencing. Do you mind letting him do so?

of course not.

 

[stealth2]

of course not.

Good. Then go conjure up another turkey sandwich.

 

[whatcanidoo]

of course not.

Restraining orders are different from oop's that is perhaps why the petition to reverse a restraining order cannot be found. You are referencing the wrong action.

 

[Banned_Princess]

Restraining orders are different from oop's that is perhaps why the petition to reverse a restraining order cannot be found. You are referencing the wrong action.

if by oop you mean order of protection, then no it is not different.

 

[whatcanidoo]

if by oop you mean order of protection, then no it is not different.

I was told by the court clerk that that you don't have to file a petition to cancel a restraining order but you do for the oop and so i did.

 

[stealth2]

Restraining orders are different from oop's that is perhaps why the petition to reverse a restraining order cannot be found. You are referencing the wrong action.

Again - please provide a link to the form which you are referencing. We'd like to help but you're not making it easy. And ya know... people here VOLUNTEER their time. So we're all giving up our holiday to try to help you. So stop being a richard. Please.

Yes, I am getting annoyed.