My husband and I have been married for 3 years and together for 7. He was previously married before we were together. They got divorced in 1998. They have 3 kids from this marriage. My husband has legal visitation rights to see his daughters. When she lived in the same town as us, she let us visit them on our time, and more than that. Then she moved out of town and refused to let him see the girls for over a year. She finally let him see the girls, and then decided to move across the country. She refuses to let him see his daughters now, so we went to a lawyer and asked for a hearing for contempt. It was supposed to be 3/23, and today my husband recieved notice that she filed a restraining order against him! we are supposed to be in WA (and we live in IA) on 3/22 for a hearing! This is due to supposed abuse that happened during their marriage in 1995-1998. she also told the police she moved to WA because my husband tried to kill her. this is a lie. Can she do this?
2007-03-16 17:09:16 · 9 answers · asked by queenb 2 in Politics & Government ➔ Law & Ethics
Also, I am not calling this woman a liar or anything, I don't know what went on during their marriage. All I know is my husband has never abused me or our son. But I am sorry, it just seems rediculous to me. He does not want to talk to her, he only wants to visit his daughters.
2007-03-16 17:11:12 · update #1
Well, we have a lawyer already and he should be calling us sometime in the morning about this, but it just has been on my mind all day and that's why I posted it on here. :D
2007-03-16 17:49:07 · update #2
If the divorce and custody were heard in IA, the IA Court should still have jurisdiction over the custody issues. I would have your lawyer note the IA case to the WA Court, show the link to contempt of Court-ordered visitation, and the WA Court may well throw the whole matter out, especially based on the time frame of the alleged abuse.
Good luck!
2007-03-16 17:16:44 · answer #1 · answered by Rob B, of MD 4 · 2⤊ 0⤋
Was it delivered by hand or in the mail? If in the mail he doesn't have to go since it was served illegally. Get a lawyer and see what he can do.
She needs to prove abuse, police records etc. She is trying to get out of visits.
2007-03-16 17:14:20 · answer #2 · answered by Pantherempress 7 · 1⤊ 0⤋
GET A LAWYER.....
You need one..she is making a play using the abuse card to offset her contempt charge.
You WILL need one...sorry thats the best I can do...I am not a Lawyer..but i do this type of work as well..
2007-03-16 17:36:06 · answer #3 · answered by Real Estate Para Legal 4 · 0⤊ 0⤋
Domestic violence is a serious matter. Whether it occurred or not in his previous marriage, the courts will look at that. However, the fact that he has not been abusive to you, or to your son, will be in his favor. Please, for everyon'es sake, consult with an attorney who knows the WA state laws on this. When did she tell the police this "story" ? I wish you all the best. Take care.
2007-03-16 17:19:08 · answer #4 · answered by SAK 6 · 1⤊ 0⤋
you may touch the police even inspite of the indisputable fact that he has no longer been served. regrettably till he isn't something could be performed so some distance as an arrest, yet you may upload a clean harassment fee on suitable of the pile. Secondly, why could you no longer be selective over the human beings which you get romantically in touch with?
2016-10-01 01:39:03 · answer #5 · answered by ? 4 · 0⤊ 0⤋
the court will see through that attempt to make her look scared. theyll see that she would have filed for a restraining order a long time ago, and she is just doing it because you filed a court case. dont worry.
2007-03-16 17:59:47 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Get a lawyer pronto. With stuff like this, go with the professionals.
I am sorry this is happening to you and your family. I hope it works out and he gets to see his girls.
2007-03-16 17:26:12 · answer #7 · answered by SS90 4 · 1⤊ 0⤋
first off she needs his permission to take the kids out of state and that's why she is causing this pain on you two because he can file charges against her called kidnapping even thou she has custody she can go to jail .
2007-03-16 17:29:08 · answer #8 · answered by dan m 6 · 0⤊ 0⤋
there is a legal term for this
i dont remember what it is.
but no she can not
2007-03-16 17:22:35 · answer #9 · answered by 987654321abc 5 · 1⤊ 0⤋