Tro Violation??? Need Advice Fast!

[lynnie705]

What is the name of your state? HI
Hi everyone it's been a couple of weeks since I posted. Here's the problem. I have a TRO for my 5 year old daughter against my ex wife's boyfriend for a year. He is to have absolutley NO CONTACT with my daughter. I recently tried to get a TRO agaisnt my ex wife for my daughter because my daughter told me that he is still coming around the house when she is in her mother's custody. The TRO on my ex got dissovled because I did not have enough evidence that she violated the TRO. My daughter is now in my custody. Her mother calls me everyday at a certain time to talk to my our daughter. I was at work and my daughter was at home with my present wife and son. When my ex called, my daughter was in the middle of something so she turned on the speakerphone. During their conversation my ex wife put her boyfriend on the phone (whom my daughter has a tro against) and said HELLO **************...! and my daughter said hello uncle .....
Ok so my question is.....isn't that a TRO violation? I then asked my daughter if she always talks to him on the phone and she says yes. My daughter also told me that she's seen her mother's boyfriend downstairs of their home before and he would wave at her. (but wouldn't come upstairs) And she also said that he would give her mother gifts to bring to my daughter. I really dont want to sound like I am trying to pick on every little thing but my whole point of this TRO is that this man stays away from my daughter! I now have my wife as a witness that she heard him come on the phone and speaking to my daughter. I was just wondering if that would be enough evidence to get the boyfriend and the mother in trouble. Thanks to everyone in advance!

 

[Ohiogal]

Gifts are contact. The phone conversation is contact. Boyfriend has violated the TRO.

 

[lynnie705]

Thanks for the advice. We called the cops and filed a police report. The police officer said that he has to show his seargeant the report and see if they have enough evidence to arrest this man.... so now all I can is wait.....

 

[ezmarelda]

Thanks for the advice. We called the cops and filed a police report. The police officer said that he has to show his seargeant the report and see if they have enough evidence to arrest this man.... so now all I can is wait.....

For your daughters sake I hope they hang him...not literaly of corse because that would be wrong...sort of....not really... but...well...I hope he is very soon seeing his world shrunk down to around 8'x10'!!! I will continue to keep your daughter in my prayers.

 

[ceara19]

Thanks for the advice. We called the cops and filed a police report. The police officer said that he has to show his seargeant the report and see if they have enough evidence to arrest this man.... so now all I can is wait.....

File a new petition for a TRO against mom too. Since she not only facilitated the contact, but went so far as to encourage it, you may now have all the evidence you need. If mom's still calling, you should either put the calls on speaker or pick up an extension. Normally, I wouldn't advise someone to eavesdrop on phone calls between a child and parent, but in this case, you have very valid reasons to do so. I can't see mom trying to get you in trouble for violating her right to talk to the child privately considering the situation.

 

[lynnie705]

File a new petition for a TRO against mom too. Since she not only facilitated the contact, but went so far as to encourage it, you may now have all the evidence you need. If mom's still calling, you should either put the calls on speaker or pick up an extension. Normally, I wouldn't advise someone to eavesdrop on phone calls between a child and parent, but in this case, you have very valid reasons to do so. I can't see mom trying to get you in trouble for violating her right to talk to the child privately considering the situation.

I have already filed 2 TRO's against my ex wife before this violation. Both times they have gotten dissolved. I guess now I have my wife as a witness to the TRO violation. But it would still be against my wife's words against hers. I was thinking about confronting my ex wife about this TRO violation (I have not told her that my wife overheard the phone conversation) I was gonna record the conversation hoping that she would confess? Anyways, I thank you so much for your advice and I would definatley be talking to my attorney about filing another TRO.

 

[lynnie705]

For your daughters sake I hope they hang him...not literaly of corse because that would be wrong...sort of....not really... but...well...I hope he is very soon seeing his world shrunk down to around 8'x10'!!! I will continue to keep your daughter in my prayers.

LOL! Thank you so much for your prayers they mean alot! God Bless!