My first comment is that you should try to contact an attorney that deals in Family law issues because this sounds like a situation where a restraining order/personal protection order is attainable. If you cannot find an attorney to at least speak with, then just present the judge with the same evidence you have here. Text messages that are degrading would be relevant to parenting time and many judges will put the welfare of the children over any parental claim of the father with his past actions. There is never a guarantee for anything, but if the past issues are as clear cut as you present here, then you probably have a good case. Good luck.
The response given does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the attorney. It should not be relied upon as legal advice. The response given is based upon the limited facts provided in the question. Attorney is licensed to practice law only in the State of Michigan. Responses are based on basic legal principles unless stated otherwise.
Attorney Burns is correct. You should be able to get a restraining order. The only issue would be how it would affect open communication with the father for purposes of visitation under the parenting plan. I would need to see the final decree and parenting plan to be able to fully assess your situation. I am in Chattanooga and would be happy to meet with you to discuss your case fully. Feel free to call to set up an appointment for a free consultation. You can reach me at 822-8300.
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If you have an upcoming court hearing, you need to fully brief your attorney about these issues. I suggest you not go to any hearing without counsel. Try to secure an attorney before the hearing.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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