Restraining order facts?

Question

I have been having problems with my sons father (my ex), he has been threatening to kidnap my child , meanwhile he has been living a drug addicted , negligent and unsafe life. I overheard him telling my son about an instance where he got into a fight with a man with a knife who had threatened to take our boy away, I confronted my ex on this and he claims it was a story w/o a word of truth. I have contacted the police but they were not able to assist other then to check and see if they had any recent reports involving my ex and a kidnapping threat. Now, either way it's insane to tell a 5 year old child that a knife weilding man has threatened to take him from his family just because he is angry with his father but if there is even a shred of truth in this story, it is a huge problem. because of his drug addiction it's needless to say that my ex deals with inappropriate and dangerous people who are capable of anything.
Is this sufficient grounds to get a restraining order? Advice?

It may be noteworthy to add that he has in the past been charged for assaulting me.
I have not yet taken him to court for custody but am in the process, it would give me security to have a restraining order in the meantime.

in case there is any confusion, there are 2 separate kidnapping threats on my son, 1is from my ex because he is angry that I have not allowed him to take my son and the 2nd is from my exes claim or "story" about a man who wants revenge on him.

Thanks in advance for any help.

Answer 1

In order to get an order of restraint you will have to prove a clear threat or danger to your childs health and or saftey when in the presence of his father. the fact that he has assaulted you is a good start towards getting the order as it shows a prepencity towards violence. also bringing up the drug use in court would also aid your cause, as it is considered unsafe for a child to be in the care of or under the supervision of a drug user. of course this will have to be done in family court since you are trying to get an order of restraint against him on behalf of your son and not yourself. if you get one for yourself it will not preclude parental rights of your ex and so he can still sue for visitations. by getting this into family court he will have to play by their rules in order to have any rights at all, and if he doesn't they will strip him of all parental rights.

Answer 2

I would go to the court house and file a harassment notice. That would bar him from your place of residence. And if that doesn't work, then file for the restraining order. If you keep a written record of his calls (what day, what time) and a record of the threats then you will be able to have some evidence against him. I would lawyer up, hon. Seems like it is going to be a nasty battle for you.

Answer 3

Yes, get a restraining order.. if he has charges against him or prior convictions of drugs or violence.. this is grounds for a restraining order and will hold up in court.

Also make sure your child's school knows that he is not to pick your child up from school nor have any contact with your child.

You could also invest in a surveliance camera that hooks up to your VCR and hide it in the yard to make sure that if you have the order and he comes in your yard, you have the proof to put his @** in jail!

Answer 4

A restraining order is nothing more than a piece of paper. Follow your local laws and obtain a handgun, get training on how and when to use it, then apply for a concealed carry permit.

Answer 5

U can try 2 put one on him U just might get it due 2 his life style and put in it your concerned about your child you want him protected & your changing things due 2 his actions say exactly what U said here I'm sure you'll get one.God Bless U & Good Luck