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Yes Its Me Again

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leech

Member
What is the name of your state? California

As we all know my boyfriend is in jail due to false allegations of domestic violence and he is awaiting his hearing. She has recently filed a restraining order against him for her and their two children. It is a temporary restraining order, until the court date to make it permament for three years. We have gotten the restraining order court date post-poned until Mid december in hopes that he will have had his OTHER hearing by then. Sunday (wonder how much S*it Im gonna catch for this) I went down to where he is being detained to pick up a DV-120 from him (paperwork regarding restraining order) and while I was there, SHE shows up with one of their children. She was there to serve him papers for custody. The temporary restraining order is already in effect. He declined to see her and did not accept the papers. Is she in violation of anything though. I understand he doesnt have a restraining order against her...and shes the "victim" but how can this be okay for her to do?

leech
 


stealth2

Under the Radar Member
If he doesn't have a restraining order against HER, she is free to do as she pleases. She can call him, write him, visit him, etc. He was correct in refusing to see her. Also - I don't know of any state where one party can serve the other. It would have to be a third party performing the service (sheriff, a family friend, etc - anyone not a party to the action).
 

leech

Member
If he doesn't have a restraining order against HER, she is free to do as she pleases. She can call him, write him, visit him, etc. He was correct in refusing to see her. Also - I don't know of any state where one party can serve the other. It would have to be a third party performing the service (sheriff, a family friend, etc - anyone not a party to the action).

Yes I read that too, anyone involved Cannot serve the papers. She's no McGuyver. Thats what the Cop told her, that he wasnt accepting the custody papers AND she couldnt serve them herself. She got REAL upset. So she can do as she pleases huh....splendid.

Thanks for your input.
 

VeronicaGia

Senior Member
I think you need to check into this further. If she's so unafraid of him to go serve him personally, I'd find out about having the order dropped, or find out if she could have caused herself some trouble.
 

dequeendistress

Senior Member
In response to VeronicaGia You did notice the man is in jail....correct? Why would she be afraid of him in that condition.

What was the original charge again....(the reason why he was on probation)
 

leech

Member
VeronicaGia said:
I think you need to check into this further. If she's so unafraid of him to go serve him personally, I'd find out about having the order dropped, or find out if she could have caused herself some trouble.

Shes very NOT afraid of him. She just likes to make his life a living hell. The courts will see that and ALL her reports contradict one another in some very significant way. Shes not even supposed to be serving the papers herself, let alone take their child to prison....shes doing it to rub it in deeper. A woman who got a restraining against a man for her and their children...goes to prison to serve him with custody papers....2 weeks after filing for the restraining order....and takes their little girl. Kick him where it hurts. She did.

Dequeen is back.....Halloweens over lady, take off your bitch costume. And the reason hes on probation, well take out your Tarot cards and find out.

Its obvious in EVERY WAY that she (the childs mother) is being vindictive. He needs to get a restraining order as soon as he gets out of there that way she can no longer accuse him of ANYTHING anymore. And she needs to get her kids taken away from her because she is putting them thru hell.
 
K

KCMR

Guest
I thought proctection from abuse orders went both ways...that neither party is to have any contact with the other???

You may want to look into this because she may have violated the order herself.
 
F

FJ1200guy

Guest
Hiya Leech

Nah, she didn't violate anything... what she DID do was give him a point to bring up when he asks for the order to be dropped...

"The practical effect of you seeing him while a restraining order or peace bond is in effect is that he may then be able to apply to the court for the order to be lifted because even you are not keeping the terms.

Even if he does not apply to reopen the orders, you will have a difficult time persuading a judge to make a further order if it is necessary after the present order expires."

Even if he's in prison, it seems silly for a person with a restraining order on a guy to seek him out. Ah the games people play. :)
 

leech

Member
Re: Hiya Leech

FJ1200guy said:
Nah, she didn't violate anything... what she DID do was give him a point to bring up when he asks for the order to be dropped...

"The practical effect of you seeing him while a restraining order or peace bond is in effect is that he may then be able to apply to the court for the order to be lifted because even you are not keeping the terms.

Even if he does not apply to reopen the orders, you will have a difficult time persuading a judge to make a further order if it is necessary after the present order expires."

Even if he's in prison, it seems silly for a person with a restraining order on a guy to seek him out. Ah the games people play. :)
Thank you FJ1200guy. Hopefully he can bring that up at the hearing and it will help the situation. I think he couldnt care less about the restraining order SHE personally has on him but to put an order against him for their little girls is nonsense. If it passes it will be in effect for three years. It was silly of her to seek him out, and its utterly ridiculous she took their little girl of whom she also has a protection order against him for.
 

leech

Member
dequeendistress said:
Good luck at the hearing...

Thank you for the name calling it becomes me.


What was his original charge again?
Whats your point? I mean......you arent here to help, you're not here to dispense any amount of decent advice....so whats your cause lady?

The reason hes in jail right now? Like Ive said NUMEROUS times. Shes accused him of "holding" her and leaving her a bruise....all you need is a picture, a witness (because you can act as your own witness) and a victim (herself) to place someone in arrest. I was there, I saw the entire thing. BUT there was no investigation which there should have been according to Title Fifteen. Procedure was not followed.

ANything else dequeen before you hop on your broom and fly away into the night?
 

dequeendistress

Senior Member
I apoligize I thought he was ALREADY on Probation or parole when they went to serve the protection order while he was in jail and your other post was due to your attempts at having his hearing date postponed until he got out of jail.

So now you are saying the authorities have broken the law.

Excuse my irrelavant posts. Maybe someone else will tell you what you want to hear.

The way I see it He may present his evidence that the woman is harrassing him and he is innocent at his hearing, the hearing officer will make the decision and if you feel that you need to file charges on anyone, do so. If he feels he needs a restraining order then he needs to get one against her. Someone will also have to address the issue with the child they have in common.

Somehow I don't think you are revealing the whole story and it is not my concern, you are right.

But, there is no need in attacking me.

Thank you and have a nice life.
 
Leech

What is Title Fifteen? I am really curious on this one. I have a brother who is going through the same thing, so if you could please just let me know that would be great...
 

leech

Member
Im not attacking you for the record Im just responding in manner that I feel neccessary because of your comments. Regardless.....I came here for answers and you replied with negativity and sarcasm. Dont dish what you cant take.

I have NO reason to lie AT ALL. That would be pointless, because if I did that I wouldnt be able to get an accurate response to his current case and it would be a waste of time. . Telling me what I want to hear will not benefit me. I dont mind your opinion when it has some sort of relevance.

Story to clear it up: He was on Parole (not something hes proud of Im sure) The BABY MOMMA called his parole officer to violate his parole by saying he "held" her. He is currently in jail awaiting a hearing. He was served a restraining order for her and their two girls. It is now getting postponed until Mid Dec. Hopefully he will have had his Original hearing by then. And no Im not saying the broke the law, I said they didnt follow procedure. NOW there is another case. Custody. Which was why she was there trying to serve the papers.

Simple as this. He will present his evidence. She will present hers. There will be a decision. The End.
 

leech

Member
Re: Leech

OutForRevenge said:
What is Title Fifteen? I am really curious on this one. I have a brother who is going through the same thing, so if you could please just let me know that would be great...
Heres a link....do you have the Program Adobe.....



Page 192 Section 3901.21.8 (f), if you have any questions feel free to email me, Ill do my best to answer.
 

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