My friend has been accused of battering, and even though he was never arrested or been to a trial, there is a restraining order and a court order that he has to go to batterers classes. In essence, he is guilty because she says so and he has to prove himself innocent. In the meantime he is forbidden to see his daughter which is ripping him apart. The mom was more committed to her career than her family, therefore, the dad/daughter realtionship is major with him. He was the major factor in her life. He took her to swimming classes, took her shopping, made breakfast with her, made sure her homework was done, etc. What recourse does he have? What steps can he take to overcome this mountain of trouble that has been created for him?
2006-12-12 12:35:09 · 12 answers · asked by NavyBrat 4 in Family & Relationships ➔ Marriage & Divorce
Custody cases are one of the few places where men are disadvantaged in the legal system. Hopefully your friend has a good lawyer who specializes in custody and visitation rights. Since no formal criminal charges were made, the mother has burden of proof. Courts and judges, however, are inclined to be overcautious in these situations. Whether it's been proven in court or not, no custody judge wants to place a child with an accused batterer.
So your friend really only has one route: lawyer up and go to court to petition for visitiation rights and appeal whatever ruling was made against him. If he had legal representation when all this occured, he needs to consider getting a new lawyer.
Good lawyers are, of course, very expensive. But if this really is that important to him he'll make the necessary sacrifices to do everything he can to get his daughter back.
2006-12-12 12:43:18 · answer #1 · answered by mightyatom 3 · 1⤊ 0⤋
Are you saying your friend was not present in the court room at the time these allegations were made against him.He was not present in the court room at the time the restraining order was issued.He was not present at the time the court ordered him to attend anger management classes.I think there is more to the story then being told.There is something wrong with the picture you have painted.He should obtain legal council to represent him on this matter.Legal council would be able to tell him.What recourse he should take if any?
2006-12-12 13:18:25 · answer #2 · answered by noga 3 · 0⤊ 0⤋
First have patientence and tell him to get a lawyer because if she just is saying that is found out to be lying to the court she could go to jail and he will have a better chance of seeing his daughter. DO everything the court tells him to do and talk to a lawyer about how he can prove he didn't do anything. Good Luck.
2006-12-12 12:39:24 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Im sorry but how sure are you that he has been wrongly accused ? how well do we really know anybody for that matter . Have you seen any evidence that he did or did not do this? Make sure you are not putting yourself in a bad sittuation. please dont take sides as it may get you in further trouble that you dont want to be in. good luck and god bless and happy holidays.
2006-12-12 13:16:30 · answer #4 · answered by Kate T. 7 · 0⤊ 0⤋
something similar happened to me. He must fight this restraining order. It is constitutionally an outrage. Restraining orders don't need evidence, witnesses, right to confront accuser, presumed innocence. This ***** should be tar and feathered
2006-12-12 17:11:00 · answer #5 · answered by ckgene 4 · 0⤊ 0⤋
the restraining order didn't appear out of thin air.
he had to go to court to answer the charges. perhaps you don't know the whole story.
and why are you the one writing instead of him.
let him finish his classes and perhaps, if nothing else, it will make him a better person.
2006-12-12 12:41:02 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Like everyones already said GET A LAWYER!
2006-12-12 12:40:02 · answer #7 · answered by justmedrt 6 · 0⤊ 0⤋
find a good lawyer that will help him clear his name and pray a judge gives him visitation to his daughter
2006-12-12 12:37:26 · answer #8 · answered by S 5 · 0⤊ 0⤋
if he has never been arrested then it never happened,, he should do the class and file for joint physical custody,, also he should file a civil lawsuit against her for distress
2006-12-12 12:54:34 · answer #9 · answered by Anonymous · 1⤊ 0⤋
how can you be so sure? anyway if he has been wrongly accused, then get a good lawyer.
2006-12-12 12:38:24 · answer #10 · answered by kadface 1 · 0⤊ 0⤋