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Texas protective order for family law

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Singledad95

New member
I’m a resident of Texas and I’m in need of advice on handling my visitation case with my daughter.

My daughters mother recently took my daughter from me and filed a protective order over an argument we had. In the protective order she stated that I threatened to kill her and our daughter and myself which was not true. She has no proof backing her statement either.

I had been living with my daughter for the past 3 years and recently moved out after me and her mother separated. After separating me and her mother agreed to 50/50 visitation with no court order. Once we had had enough arguments she decided to file the protective order and is asking that I only get supervised visits in a facility for a year and requested that I go to AA, anger management and counciling.

I’ve never been a threat to her or my daughter we’ve just had many arguments but no physical abuse or anything violent.

We have court coming up next week and I’m completely lost on what to do. She sent the judge an 8 page document of examples of times that I’ve been suicidal in the past and times that I’ve displayed violent behavior. Some of what she mentioned was false and other part were over exaggerated.

I just need to know the best option for proving that I’m a good parent. I don’t want to tear her character apart in court. I’m not a violent person by any means we’ve just had a mean relationship toward each other and I simplywant to continue to parent my daughter.

Can someone please let me know what I should do? Or if there’s more info I need to provide to help understand my situation?
 


Just Blue

Senior Member
I’m a resident of Texas and I’m in need of advice on handling my visitation case with my daughter.

My daughters mother recently took my daughter from me and filed a protective order over an argument we had. In the protective order she stated that I threatened to kill her and our daughter and myself which was not true. She has no proof backing her statement either.

I had been living with my daughter for the past 3 years and recently moved out after me and her mother separated. After separating me and her mother agreed to 50/50 visitation with no court order. Once we had had enough arguments she decided to file the protective order and is asking that I only get supervised visits in a facility for a year and requested that I go to AA, anger management and counciling.

I’ve never been a threat to her or my daughter we’ve just had many arguments but no physical abuse or anything violent.

We have court coming up next week and I’m completely lost on what to do. She sent the judge an 8 page document of examples of times that I’ve been suicidal in the past and times that I’ve displayed violent behavior. Some of what she mentioned was false and other part were over exaggerated.

I just need to know the best option for proving that I’m a good parent. I don’t want to tear her character apart in court. I’m not a violent person by any means we’ve just had a mean relationship toward each other and I simplywant to continue to parent my daughter.

Can someone please let me know what I should do? Or if there’s more info I need to provide to help understand my situation?
Do you have an attorney? If not, get one. https://www.texasbar.com/

You should also request a GAL (Guardian Ad Litem)

Do you have a drinking problem? And drinking related arrests/convictions, ever? Have you seen a therapist? Have you taken parenting/co-parenting classes? If not, do so. It will help you focus on your relationship with your child and minimize the negative interaction with the ex.
 

Singledad95

New member
Do you have an attorney? If not, get one. https://www.texasbar.com/

You should also request a GAL (Guardian Ad Litem)

Do you have a drinking problem? And drinking related arrests/convictions, ever? Have you seen a therapist? Have you taken parenting/co-parenting classes? If not, do so. It will help you focus on your relationship with your child and minimize the negative interaction with the ex.
I don’t drink frequently but when I do drink I get drunk. I’m in my early twenties so it’susually out atclubs with friends. I haven’t seen a therapist or taken co parenting classes but I’m completely open to the idea. I cannot afford an attorney right now and she doesn’t have one either.

do you know what I should do to respond to her allegations? Do I write up a word document as well and submit it? Can I just tell my side of the story in court when we’re there? I’m not sure how to properly respond to her or how to plead my case. I have no arrest, no convictions, not even any police reports because I genuinely haven’t done anything wrong like that. Her allegations have been almost entirely out of left field but because she has put together dates and stories I’mwondering if I shoulddo the same telling my side of the story?
 

stealth2

Under the Radar Member
I suspect you will need to request a paternity test, as it sounds as though you and Mom were not/are not married and you may not be legally considered the Dad.

I do suggest you give some serious thought to your social life if going out with friends leads to your getting drunk.
 

t74

Member
Your first mistake was not filing for paternity after the child's birth and court ordered custody/visitation immediately after you broke up. Get an attorney now. This is not DIY. If you "lose" at this hearing, you will be behind for a very long time. A PO has long term consequences in both your personal and, potentially, professional life.
 

LdiJ

Senior Member
I’m a resident of Texas and I’m in need of advice on handling my visitation case with my daughter.

My daughters mother recently took my daughter from me and filed a protective order over an argument we had. In the protective order she stated that I threatened to kill her and our daughter and myself which was not true. She has no proof backing her statement either.

I had been living with my daughter for the past 3 years and recently moved out after me and her mother separated. After separating me and her mother agreed to 50/50 visitation with no court order. Once we had had enough arguments she decided to file the protective order and is asking that I only get supervised visits in a facility for a year and requested that I go to AA, anger management and counciling.

I’ve never been a threat to her or my daughter we’ve just had many arguments but no physical abuse or anything violent.

We have court coming up next week and I’m completely lost on what to do. She sent the judge an 8 page document of examples of times that I’ve been suicidal in the past and times that I’ve displayed violent behavior. Some of what she mentioned was false and other part were over exaggerated.

I just need to know the best option for proving that I’m a good parent. I don’t want to tear her character apart in court. I’m not a violent person by any means we’ve just had a mean relationship toward each other and I simplywant to continue to parent my daughter.

Can someone please let me know what I should do? Or if there’s more info I need to provide to help understand my situation?
What you NEED to do is file to establish custody and parenting orders. Even if she is able to get a restraining order against you the family court judge can modify the restraining order to allow you unsupervised time with your child if the family court judge deems it appropriate. You might not be able to get a 50/50 timeshare, as your child is still pretty young (those seem to work better for school aged children), but you have a better than decent shot at getting a healthy amount of unsupervised parenting time.
 

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