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paradox in a box
Picture of frayedends
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I am serious when I say she will literately the cops or judge or whoever she sees to joe that she wants a restraining order simply because she doesn’t think she should have to see me on her parenting time. She is delusional and I hope she’d get laughed out of the station.

This thing comes in waves with her. She will be normal for a while and then get upset whenever she hears that I am doing well with my girlfriend. When she finds out we are building a house together she may lose her shit. But luckily I have all her texts showing this.




These go to eleven.
 
Posts: 12492 | Location: Westminster, MA | Registered: November 14, 2006Reply With QuoteReport This Post
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When I need gun advice, I got to someone who knows about guns.

When I need medical advice, I go see the doctor.

When I need legal advice, I go to a lawyer.

I try not to get those mixed up.
 
Posts: 7025 | Registered: April 02, 2011Reply With QuoteReport This Post
When you fall, I will be there to catch you -With love, the floor
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quote:
The protective order does not have to be taken out in the county of residence.


We were forced to take them from complainants that didn't even live in the state. We had a large number of hotels in my jurisdiction. The proximity to NYC made it a popular destination. From time to time we would have DV's and they had the right to file. Even knowing that they would not be in the state within a few days, we went through the motions and the Judge usually signed off.

Face it. there is no down side to a Judge not signing off on them.

As said over and over again, see a lawyer.


Richard Scalzo
Epping, NH

http://www.bigeastakitarescue.net
 
Posts: 5803 | Location: Epping, NH | Registered: October 16, 2004Reply With QuoteReport This Post
paradox in a box
Picture of frayedends
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quote:
Originally posted by ulsterman:
When I need gun advice, I got to someone who knows about guns.

When I need medical advice, I go see the doctor.

When I need legal advice, I go to a lawyer.

I try not to get those mixed up.


I believe I’ve mentioned that I’ve already spoken to a lawyer and explained that I was just wondering about her making false claims. I mean I get it. I really do. But sometimes we come on this forum to get insight and ideas before taking a costly path forward. The numerous responses of “get a lawyer” do get tiresome. Especially after addressing the comment already in the thread.




These go to eleven.
 
Posts: 12492 | Location: Westminster, MA | Registered: November 14, 2006Reply With QuoteReport This Post
thin skin can't win
Picture of Georgeair
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I am always surprised when someone here throws a flag in panic after communication by text from a spouse/ex/child and suddenly becomes comforted by the same form of communication from the same previously crazy person. It’s a behavior pattern, don’t be fooled.

Why would you not continue to document and treat this as an assault on the relationship between you and your own children? Don’t just let this rest, but spend the money and effort to pursue it in order to clarify and stop.



You only have integrity once. - imprezaguy02

 
Posts: 12480 | Location: Madison, MS | Registered: December 10, 2007Reply With QuoteReport This Post
Little ray
of sunshine
Picture of jhe888
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I'd think she is unlikely to get in touble for making any false reports.




The fish is mute, expressionless. The fish doesn't think because the fish knows everything.
 
Posts: 53134 | Location: Texas | Registered: February 10, 2004Reply With QuoteReport This Post
A Grateful American
Picture of sigmonkey
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If I may go sideways, and take the Cap'n Obvious position.

You need to communicate to her that while you are "entangled" because of the children, you and she are "done" and should not interfere with each other's lives, PERIOD!

And it needs to be made crystal clear that this shit will only harm the children and serve no good, no matter how selfish one or the other think is serves them.

May be that your attorney can either do on your behalf, or help you "write" the letter to her.

Sometimes all that is needed is a firm stand on a position and the other person convinces themselves the pain of slapping that cactus is not worth the payoff of the slap.




"the meaning of life, is to give life meaning" Ani Yehudi אני יהודי Le'olam lo shuv לעולם לא שוב!
 
Posts: 44006 | Location: ...... I am thrice divorced, and I live in a van DOWN BY THE RIVER!!! (in Arkansas) | Registered: December 20, 2008Reply With QuoteReport This Post
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Picture of Greymann
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quote:
Originally posted by jljones:
As promised, I'll fill in the blanks a little more.

You really need to take this threat (implied or otherwise) seriously. You need to talk to your attorney quick, fast and in a hurry.

Despite what has been erroneously claimed, not all states require a pint of blood, a four leaf clover, and lastly a member of the pin striped mafia to complete a protective order. In the Commonwealth of Kentucky, Kentucky law enforcement fills out or assists in filling out three quarters of the protective orders out there. The rest are filled out during business hours at the office of the Victim's Advocate. In all cases, the protective order is given to LE to track down an on call judge for signing. The judge reviews the sworn affidavit filled out by the person requesting the protective order.

From having carried a number of these to judges over the last 23 years, if there is a component of fear indicated in the EPO, true or not, it gets signed.

In this protective order, there is yardage restrictions (maximum 500 feet), no contact/communication/third party communication, vacate the shared residence, temporary child support, temporary child custody, and the respondent may not possess or acquire firearms or ammunition. If the respondent has a CCDW, LE seizes it on the spot. If there are guns involved, LE generally tries to find a family member to come and get them instead of seizing them. The kicker? Even if the entire premise of the order is a lie, if the respondent violates this, he/she can go to jail for a year, and most likely the EPO will turn into a DVO (more on that in a minute) and you will forfeit your Second Amendment Rights forever.

In the Commonwealth, an EPO can only be "good" for a maximum of 21 days. Inside that 21 days, there must be a hearing in front of a family court judge. During the hearing, both sides are sworn to their statements, and based upon the facts the judge either dismisses the EPO, or converts the EPO to a DVO (Domestic Violence Order) which is good for 36 months.

This system is plagued with problems, and it is the thing I wish more people were scared of. The whole "truth, justice, and the American way" thing is great, until you are the one that gets screwed. I know of a family court judge that hated men. If you got served with an EPO, and you were a man, you were screwed despite the facts. (She was the same way in divorce hearings as well. She always sided with women no matter the case). There is no prosecution of false statements for the silly reason of "scaring off real victims". Utterly silly. The system should be set up to punish those who use EPOs to get their way. Back in the day, I went to many of a call where I would ask one party if they were afraid, and they would emphatically answer "NO, I just want him out of my house". Then, when I explained to them I couldn't force him to leave because he lived there too, they would demand an EPO because of the "party required to vacate the residence" box. Most of the time, despite the objections of LE on the issuance, the protective order was issued anyways. When the initial not being afraid was brought up and the change of mind, I was told "That was then, this is now" and the EPO was signed.

Hell, I saw one signed after the petitioner left the courthouse from a family court appearance. The petitioner had lost her EPO of lies in court as it was dismissed by the family court judge. She waited until after 4 PM, calls LE for an after hours because she was in fear because she "thought" she saw the respondents vehicle in the COURTHOUSE PARKING LOT that he was commanded to come to by the court. Guess what? She was granted ANOTHER EPO because she was "in fear". Oh, and wait, there's more. The protective order does not have to be taken out in the county of residence. I've have seen petitioners try in one county, get shot down, and continue to go county to county until they find a sympathetic judge. And I highly doubt that Kentucky is the only state that the system is this broken.

Don't take this lightly, man. Get ahead of it no matter the cost. In every state, despite the claims made by some, there are horrible, unsatisfactory abuses of the protective order system. Don't allow yourself to be one of them.

Don't let internet advice lull you into thinking that it can't happen. You are the one, and by extension your kids, that suffer if the rosey world they claim doesn't exist.

I hope that this works out for you and your kids, and I wish you the best of luck.

.................................................
^^^^^^^^^^^^^
Great Advice!
 
Posts: 1594 | Location: New Mexico | Registered: March 21, 2017Reply With QuoteReport This Post
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quote:
Originally posted by frayedends:
I believe I’ve mentioned that I’ve already spoken to a lawyer and explained that I was just wondering about her making false claims. I mean I get it. I really do. But sometimes we come on this forum to get insight and ideas before taking a costly path forward. The numerous responses of “get a lawyer” do get tiresome. Especially after addressing the comment already in the thread.


A false claim that you threatened her made under oath would be perjury if you were able to disprove her claim. Would she actually be charged? That's up to the DA. Filing a false police report based on same would also be up to the DA. In short there are charges that could be brought against her but it's unknowable if the would be brought. You can look up the penalties for those charges.
 
Posts: 4288 | Location: Peoples Republic of Berkeley | Registered: June 12, 2008Reply With QuoteReport This Post
I have not yet begun
to procrastinate
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quote:
Originally posted by berto:
A false claim that you threatened her made under oath would be perjury if you were able to disprove her claim. Would she actually be charged? That's up to the DA. Filing a false police report based on same would also be up to the DA. In short there are charges that could be brought against her but it's unknowable if the would be brought. You can look up the penalties for those charges.

Trying to disprove a "victim's" feelings would be a hard row to hoe.
Most DAs wouldn't bother with it unless you live in Podunk because they've got better things to do...like spending time prosecuting "real" bad guys.

I had a crazy girlfriend once that was "bunny in the pot on the stove" crazy and there wasn't a kid in the mix!
(she had great tatas so for a while it was fun but I digress)
This led to me filing a Harassment Order on her after we broke up. I called the cops to my apartment to get her out of it once.
Luckily the walls were thin in that complex and the neighbors had heard me yelling at her on the phone to NOT come over and they backed up my side of the story.
The County Courthouse however had a bitch on wheels that thought ALL men were the aggressor.
(the order went through - the judge was realized what was going on)

I trust rattlesnakes more than I do ex-wives or ex-girlfriends. Rattlers don't have an agenda.
Mind your Ps and Qs, document the snot out of everything and above all don't assume that it's all good.
Parents who use their kids as pawns in one-upmanship over their ex-spouse really grind my gears!
Don't let her get under your skin...she knows how to push your buttons.


--------
After the game, the King and the pawn go into the same box.
 
Posts: 3777 | Location: Central AZ | Registered: October 26, 2006Reply With QuoteReport This Post
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Picture of sourdough44
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It can be a mine field, I wouldn’t be alone near a crazy ex. Many mention a small Sony voice recorder as needed.

I understand when minor children are involved there is need of coordination. I would stay away from crazy the best you can. I wouldn’t put much stock in ‘talking to and reasoning with her’.
 
Posts: 6219 | Location: WI | Registered: February 29, 2012Reply With QuoteReport This Post
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I was shocked when I answered the hangar door to find a deputy delivering a temporary restraining order. All manner of accusations, from molestation to beating my wife and kids. I was shocked, because I'd never raised a hand to any of them, let alone my voice. Nothing.

The deputy pointed out that he served these notices day in and day out, and he'd had one served on him, with the same accusations. Standard stuff, he said.

When I showed up in court to defend myself, the judge asked my soon-to-be-ex, "is there any reason why he shouldn't see the kids?"

My wife told the judge that I would kidnap the kids and take them to Colombia. When the judge asked why, my wife told him that I was a secret agent who spent a lot of time in Colombia. The judge asked if this was true; I told him "no."

The judge asked "So you're saying that you think your husband will kidnap your children and take them out of state. Is that right?"

My wife said yes.

"Pardon me, ma'am," he said, "but isn't that what YOU did?"

She dropped it and the restraining order went away. A week later she filed one in another state. She didn't even show up to defend that one. I did, though, and it was thrown out of court.

It took almost ten years of visiting the kids on weekends, taking time off work to drive eight hours or more to see them, only to be told "no," and years of paying double child support as she filed one complaint after another saying she didn't receive it...though I had receipts and cancelled checks for everything...almost ten years before I finally got custody.

By that time I'd filed over a hundred Child Protective Service complaints, every one of which was rejected. I walked through her house and found holes kicked in every door and wall, some doors ripped off their hinges, a mountain of used toilet paper, and filth and garbage everywhere. I got custody, removed the kids from a world of abuse (on every level) to a new location, where their mother didn't come a single time to visit.

Point is, it happens, and it happens often, and it's my experience that women filing false claims of every sort is standard fare. Simply because they say it, however, doesn't make it true, and don't stop fighting for fathers rights. Ever. It's in your interest, and that of the kids.
 
Posts: 6650 | Registered: September 13, 2006Reply With QuoteReport This Post
posting without pants
Picture of KevinCW
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Seeing as I live in MO... I am only partially qualified (as in not a lawyer, just a dumb ass cop) to give advice in ME.


BUT.... you have gotten some great advice already in this thread, and some piss poor advice from the paranoid idiots...

1. Yes, this is serious, but not in the "life and death" and "the bogeyman will take all your guns aways" type serious. That's for idiots.

2. Smart moves asking, and much, much smarter for involving your lawyer. (which is almost ALWAYS the smartest first move, despite what internet idiots have to say).

It is very hard to be specific, as each state differs in the law to degrees, but likely, without evidence, any type of protective order will not be issued (no matter how much paranoia the membership can drum up).

Despite internet bogeymen, the system is if nothing else, so absurdly inefficient that it won't screw you over....

Feel free to email with specifics and I'll try to help where I can, but understand, MO law if different from your home state. Not meaning it is right or wrong, just different.

Kevin





Strive to live your life so when you wake up in the morning and your feet hit the floor, the devil says "Oh crap, he's up."
 
Posts: 33287 | Location: St. Louis MO | Registered: February 15, 2004Reply With QuoteReport This Post
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quote:
Originally posted by KevinCW:

It is very hard to be specific, as each state differs in the law to degrees, but likely, without evidence, any type of protective order will not be issued (no matter how much paranoia the membership can drum up).


In many jurisdictions, a temporary protective order will be issued based on the complaint alone, with zero requirement for evidence. Evidence is provided at an evidentiary hearing, and the protective order remains in place for up to 30 days (or more, eg, until the hearing).

At that time, if a judgement isn't rendered keeping the order in place and extending the period, or altering the terms, then the temporary order expires and becomes null. Until that time, however, the temporary order has full force of law and violating it brings penalties. That's not paranoia in the least.
 
Posts: 6650 | Registered: September 13, 2006Reply With QuoteReport This Post
Savor the limelight
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quote:
Originally posted by KevinCW:


Kevin


You should go back through the thread and read jljones' posts and then reread what you've posted.

Also, you aren't a lawyer, you're a cop in another state, and you're offering up advice on specifics from the OP via email?
 
Posts: 11123 | Location: SWFL | Registered: October 10, 2007Reply With QuoteReport This Post
paradox in a box
Picture of frayedends
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quote:
Originally posted by berto:


A false claim that you threatened her made under oath would be perjury if you were able to disprove her claim. Would she actually be charged? That's up to the DA. Filing a false police report based on same would also be up to the DA. In short there are charges that could be brought against her but it's unknowable if the would be brought. You can look up the penalties for those charges.


Yeah so I guess this was a bit of what I was looking for. I assume it's not perjury to just make a false report. But does it go to court and does she have to make her claims under oath at some point.

So as I mentioned, I don't know if she will make stuff up or is just crazy enough to think her argument holds any water. I guess anything could happen. But I'd like her to know that she could be committing perjury at some point if she lies.



quote:
Originally posted by KMitch200:


I trust rattlesnakes more than I do ex-wives or ex-girlfriends. Rattlers don't have an agenda.
Mind your Ps and Qs, document the snot out of everything and above all don't assume that it's all good.
Parents who use their kids as pawns in one-upmanship over their ex-spouse really grind my gears!
Don't let her get under your skin...she knows how to push your buttons.


You've got her down pat. Using the kids as pawns. It comes in goes in waves. Everything is fine and then it's suddenly not. She literally texted me a few weeks ago saying it would be fine for us to both go to all games as long as I let her know if my girlfriend would be with me on my weekend, so that she could skip it. Now she's going nuts again.



I did reach out the my lawyer again. He called this morning and basically said the same thing, that we can't do much with threats other than document everything for now. My oldest kid is now 18 and so this doesn't affect him. My hockey player is 15. Only a few more years of this shit. Although I suspect she will still have these episodes in the future. I know they come and go. But I have to be vigilant in the event she does finally go over the top and try to screw me over. I appreciate all the advice here. Thanks!




These go to eleven.
 
Posts: 12492 | Location: Westminster, MA | Registered: November 14, 2006Reply With QuoteReport This Post
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Picture of fpuhan
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This has been playing out for a few days now, so I reckon I can weigh in.

My son-in-law's ex recently filed a TRO against him on the most specious grounds (I won't go into details here) regarding his children by her. My years of knowing him and seeing him with kids leave me to believe he is one of the best dads possible. My daughter chose well!

So, rather than cave, he hired a good lawyer and surprised her by going full force to the court system. She got a continuance, and now their day is about two weeks away.

And now I'm the custodian of his firearms. He was ordered to not have any in the house, and he's complying 100%. He's now so confident that he asked for (and got) new sights for his AR. Those are in my custody, also. Smile

Sadly, you have to play the game. But if you do so with a level head and a great deal of patience, you will finally get your day! Good luck.




You can't truly call yourself "peaceful" unless you are capable of great violence. If you're not capable of great violence, you're not peaceful, you're harmless.

NRA Benefactor/Patriot Member
 
Posts: 2857 | Location: Peoples Republic of North Virginia | Registered: December 04, 2015Reply With QuoteReport This Post
Fire begets Fire
Picture of SIGnified
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Why do you think you lawyer is any good? Not saying he isn't, but are you sure of your counsel? Just checking. I went through 3 until I found a competent counsel who I REALLY trusted. Worth every penny.

Second, to Kevin, the MO cop; In WA state, a phone call from a scared spouse can get all your guns taken away buy local PD (or County sheriff). Good luck getting them back unscathed.





"Pacifism is a shifty doctrine under which a man accepts the benefits of the social group without being willing to pay - and claims a halo for his dishonesty."
~Robert A. Heinlein
 
Posts: 26757 | Location: dughouse | Registered: February 04, 2003Reply With QuoteReport This Post
paradox in a box
Picture of frayedends
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quote:
Originally posted by SIGnified:
Why do you think you lawyer is any good? Not saying he isn't, but are you sure of your counsel? Just checking. I went through 3 until I found a competent counsel who I REALLY trusted. Worth every penny.

Second, to Kevin, the MO cop; In WA state, a phone call from a scared spouse can get all your guns taken away buy local PD (or County sheriff). Good luck getting them back unscathed.


The lawyer I have comes on good recommendations from many people. But really, what can I possibly do at this point. All I have is the threat of a restraining order, no follow through. Otherwise she is following our divorce agreement. It's sort of a wait and see thing until something actually happens. He is making sure I document everything.




These go to eleven.
 
Posts: 12492 | Location: Westminster, MA | Registered: November 14, 2006Reply With QuoteReport This Post
Go ahead punk, make my day
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And in 3 more years when the youngest turns 18, you can block your ex-wife’s number permanently an always go direct to your adult children.

Along with terminating any remaining child & spousal support. Big Grin Big Grin Big Grin
 
Posts: 45798 | Registered: July 12, 2008Reply With QuoteReport This Post
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