An ex girlfriend who I have a five year old child with is very scorned that I have a new girlfriend and filed a a restraining order on me claiming that I would slit her throat and kill her etc. A judge actually signed this. This was two years ago and I only found out through watching my son in her apartment with the papers on the floor. I kept it but I never checked in to this but I never went to court and I don't think she ever did. Can I still contest this restraining order or is there statue of limitations. I think this is slander and outrageous that a judge would sign without proof. Just for the record, I never laid a finger on her. What should I do, I want her to pay for every father that is going through the court system with little hope. Also she stated that it happened at 1:30 in the morning, how can I prove this is false, I was just at home which wouldn't be good enough. I didn't respond in good time with this issue or back support that I don't owe. What to do?
2007-08-19 18:07:18 · 5 answers · asked by Anonymous in Family & Relationships ➔ Family
Check with the local court. Sometimes restraining orders are only temporary.... Call a lawyer immediately! Be careful about going to her apartment, even if she invites you as she could be setting you up! If she wants you to babysit your own child, then tell her you will gladly do so in your home. If she refuses and starts denying you access to your child, get an attorney and file for custody. Getting a fair hearing would be in yours and your child's best interest. It sounds like what she did was to file for Extraordinary Relief and got a judge to sign a Temporary Restraining Order Pending a hearing. Ususally TRO's have an expiration date of about 6 weeks before a hearing is held. You would have to have been "served" with the notice of hearing by a sheriff's deputy or certified mail or a process server. Here's what I would do:
1. Look at the top of the papers. There should be a case or cause number, as well as a title such as: Jane Smith vs John Doe, 300th District (or Superior or Family Court)
2. Call the court.. it might be the District Clerks office, depending on what state you live in. Ask for the DISPOSITION of that case. That's about all they'll be able to tell you and they are not allowed to give legal advice. It is possible that the case was dismissed for lack of prosecution.
3. Depending on what you find out from the Court, you can contact an attorney, etc...
Good Luck with all of this.
2007-08-20 03:16:57 · answer #1 · answered by Linda S 3 · 0⤊ 0⤋
Curious that you were minding the child in her apartment with the papers out in full view? This is power play. Check it out via the Court you are entitiled and not all Orders are dealt with both parties in the Court.
There should be a start and finish date, Court Seal of when on the Orders were enforced in the Court. This information will let you know if they are registered and active.
You also have the right to ask for them to be lifted as you have been asked to be with your child in the Mother's home at her request and it was not until then you were aware of these Orders.
Then it is up to your ex to agree to the disbandment. She will also have to satisfy the Court as to why she allowed you to come into her home etc., when she had stated to them she was in fear of her life.
It is a shame when people act this way after breaking up, the only one/s who suffer are the child/ren.
Just be the best Dad you can be and follow the restrictions as placed on you if still current. No matter what you do there will be many men placed in the same situation now and in the future.
Good luck
2007-08-19 18:29:47 · answer #2 · answered by sag_kat2chat 4 · 0⤊ 0⤋
Why don't you set an example for your child and be a man? This happened two years ago and she's having you stay in her apartment to be with your child (you aren't watching your child, you are being that child's father). Obviously she doesn't have any problems with you. I'm sure you had a lawyer to work out the custody stuff, give him/her a call and ask if you need to be concerned. Otherwise don't get involved in the drama, it will only hurt your child.
2007-08-19 18:27:06 · answer #3 · answered by tjnstlouismo 7 · 0⤊ 0⤋
If she has filed the order she should not be in difficulty if she chooses to break it--yet she's making a extensive mistake if she does. The restraining order became placed into result to guard her from this guy. The courtroom device won't take her heavily if she intentionally places herself in place to be close to him.
2016-11-12 23:14:39 · answer #4 · answered by ? 4 · 0⤊ 0⤋
For the sake of your child, i would drop it. I mean it sucks but to have to constantly battle it out in court with her isnt going to do you any good.
Hope it gets better for you though.
2007-08-19 18:14:56 · answer #5 · answered by Lizz 2 · 0⤊ 0⤋