Wednesday, February 10, 2010

How do I fight an order of protection filed against me if original charges of harassment are false?

I took my ex-husband to court for more child support. I won a substansial increase. 2 days later ACS was called with allegations that I was a neglectful mother. They have since recieved numerous anyomjous calls, ACS found allegations unfounded. Within same time period my ex husband sued for full custody of my children and his mother has filed police report that I harass her by phone. None of this is true and I believe is motivated by the fact that he has to pay more child support.How do I fight an order of protection filed against me if original charges of harassment are false?
Get an attorney.How do I fight an order of protection filed against me if original charges of harassment are false?
I'm assuming since you said the allegations were unfounded, then you really don't have anything to worry about. And, yeah.. I think your right. He's just pissed he has to pay. Too bad, so sad. Life's rough. Make sure you're doing everything in your power to not be neglectful to your children. Good Luck!
Seek a lawyer's advice, personally, I believed that you have to present substantial evidence as proof that the accusations filed by your husband is false. No one can fight against the truth.
usually, the first order of protection is temporary. I don't know what state you are in, but in my state the first order only lasts 15days. After that, there will be another hearing if the person wants a more permanent order of protection. You should be at these hearings to present your case. I would get a lawyer to help make you case stronger.





Additionally, filing a false police or abuse report is illegal. While you are usually not allowed to know who exactly filed the child neglect complaints, child protective services will know who called and you can pursue legal action regarding the false police reports. Again, you should contact your local police dept and a lawyer for more information about the specific laws in your state, since I only know my own state's laws in depth.





Take Care
If it's not true, you have nothing to worry about.





You will have your day in court regarding the Order of Protection, if the Judge believes it's necessary, they will grant the Order. Let them have their Order...it's a two way street, they should not break the Order either.





For instance, if they call you, hang up. If they continue to call, contact the local law enforcement and let them know what's going on. Tell the law that there is an active Order of Protection in force. You want them to enforce it BOTH ways. Always have an official record of problems, then when you are in custody court, you have legal documents, not just he said/she said....





Good luck!
Your going to have to go through the entire process so that they can again find the claims unsubstantiated. I would recommend asking the ACS, they are called DES here, if they offer some type of at home counselors to visit your home. My ex did the same thing. I told the office that I was willing to go through what ever hoops they wanted me to, to prove that I was a fit mother.





I had six months of counseling with my children and two great counselors. The counselors here are even given an allowance that they can in turn give you for what ever you need. Clothes, food, bills.





Needless to say my ex looked really bad after it all. I learned a lot about how children deal with the separation and how to help them.





With him filing for full custody I would do my best to get ACS to back me fully.
my son in law was previously married and has 2 children by another, for the past 2 years she has caused my daughter and husband all kinds of trouble, making up lies to the court,trying to get complete custody for the 2 children, her motive was to get both kids and get more child support. they went through hell with this woman, had to hire an attorney, and ten thousand dollars later still nothing has been really resolved. they can accuse you of whatever they like,and this could go on for a long time,the court really wants the parties to work out their own difficulties, they really don't want to get that involved. my son in law is the most honest and caring dad there is but still when she accused him of wrongdoing he had to get a mental evaluation, her motive was to destroy his relationship with his new family and cause extreme financial problems, and she did. and right now things are quiet, but anytime she wanted to take it back to court the crap would all begin again.

No comments:

Post a Comment