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My Child is involved with Domestic Violence between My Ex and Her Boyfriend

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Sehawks16

Junior Member
I reside in Washington state and am a father to a 2 and a half year old girl. I have a parenting plan in place that allows me to have every other weekend, holiday, etc. My ex and I don't get along very well but try to be civil for our daughter.

I found out that in January 2017, my ex had a domestic violence incident with her boyfriend where my daughter was present. He caused $700 worth of damage to her apartment and in the midst of his violent rage he threatened to lock my ex and daughter inside of their apartment and set it on fire. He was arrested and charged with malicious mischief and felony harassment with a death threat. He also has a court record of domestic violence incidents with others within the past 5 years.

I have voiced my concerns about him to my ex and she told me that I have nothing to worry about and assured me that he is not coming around anymore. Over the summer she filed a "victim" statement in his criminal case stating that she has wanted to drop the charges, that they want to get back together, and how much of a good fatherly figure he is to my daughter.

The prosecuter dropped the felony harassment charge because they said it would be too hard to prove at trial due to my ex not willing to cooperate. The boyfriend chose to plead guilty to the malicious mischief charge, and the court decided to initiate a 2 year restraining order against him for my ex that began in August 2017.

I have had my suspicions that she has been seeing him regardless. I saw a social media post last week where my ex said that he is still her significant other. My daughter also told me that she sees him and that he comes over to her house. So far this is the only proof I have that my ex is still seeing him.

My main concern is my daughter's safety and that he has no contact with her. What kind of recourse can I take in this situation to keep my daughter away from this dangerous person?
 


LdiJ

Senior Member
I reside in Washington state and am a father to a 2 and a half year old girl. I have a parenting plan in place that allows me to have every other weekend, holiday, etc. My ex and I don't get along very well but try to be civil for our daughter.

I found out that in January 2017, my ex had a domestic violence incident with her boyfriend where my daughter was present. He caused $700 worth of damage to her apartment and in the midst of his violent rage he threatened to lock my ex and daughter inside of their apartment and set it on fire. He was arrested and charged with malicious mischief and felony harassment with a death threat. He also has a court record of domestic violence incidents with others within the past 5 years.

I have voiced my concerns about him to my ex and she told me that I have nothing to worry about and assured me that he is not coming around anymore. Over the summer she filed a "victim" statement in his criminal case stating that she has wanted to drop the charges, that they want to get back together, and how much of a good fatherly figure he is to my daughter.

The prosecuter dropped the felony harassment charge because they said it would be too hard to prove at trial due to my ex not willing to cooperate. The boyfriend chose to plead guilty to the malicious mischief charge, and the court decided to initiate a 2 year restraining order against him for my ex that began in August 2017.

I have had my suspicions that she has been seeing him regardless. I saw a social media post last week where my ex said that he is still her significant other. My daughter also told me that she sees him and that he comes over to her house. So far this is the only proof I have that my ex is still seeing him.

My main concern is my daughter's safety and that he has no contact with her. What kind of recourse can I take in this situation to keep my daughter away from this dangerous person?
While I totally empathize with the situation that you are dealing with I do not have a good solution to offer to you. Your daughter is far to young to be able to articulate anything real about the situation and apparently your ex is a fool.

You can make it clear to your ex that you will report the guy as violating the restraining order any chance that you can get, and that you will file for primary custody of your mutual daughter if she continues to put her in danger

Otherwise I do not know what to tell you. You need proof and you do not have it at this time.
 

Sehawks16

Junior Member
While I totally empathize with the situation that you are dealing with I do not have a good solution to offer to you. Your daughter is far to young to be able to articulate anything real about the situation and apparently your ex is a fool.

You can make it clear to your ex that you will report the guy as violating the restraining order any chance that you can get, and that you will file for primary custody of your mutual daughter if she continues to put her in danger

Otherwise I do not know what to tell you. You need proof and you do not have it at this time.
Do you think it would be a good idea for me to hire someone to sit outside of her apartment and try to take pictures of him while he is there for evidence? Or to call the police to report him while I know that he is there?

Is it possible for me to try to get a restraining order against him for my daughter?
 

Sehawks16

Junior Member
Yes and yes. Hire a PI and go for custody
How likely do think I would be granted custody if I acquired more evidence? I don't think she would be willing to settle with me (based on how she handled our parenting plan case). It can also take 8+ months to get a trial date in my state, what if she's not even seeing him anymore by the time it got to that point
 

LdiJ

Senior Member
How likely do think I would be granted custody if I acquired more evidence? I don't think she would be willing to settle with me (based on how she handled our parenting plan case). It can also take 8+ months to get a trial date in my state, what if she's not even seeing him anymore by the time it got to that point
I can tell you that if you do NOT get more evidence you certainly will NOT get primary custody. Obviously she is not going to agree to settle with you and it will need to be a full blown custody case. Yes, there is always the chance that she will see the light and dump the guy before you get to trial, but if that happens, that will be a win for your daughter anyway, right?
 

not2cleverRed

Obvious Observer
How likely do think I would be granted custody if I acquired more evidence? I don't think she would be willing to settle with me (based on how she handled our parenting plan case). It can also take 8+ months to get a trial date in my state, what if she's not even seeing him anymore by the time it got to that point
OhioGAL is a lawyer. Take her advice.

My gut feeling is that your daughter is in danger. (So is you ex, but she's an adult.) You must do what you can to obtain *legal* proof that she is in danger.

Can you get a change of custody based on this situation? Yes, if you have documentation, proof, bonus points if your ex is stupid enough to admit that she's still with the guy.

BUT, depending on the judge, and what's presented, the judge may be skeptical. I've seen that happen in my community - with tragic consequences in one case almost 3 years ago.
 

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