er on me in the state of NH. The woman is my step-sons mother. My husband and I have also just begun trying to get custody of my step-son so we think its a play to make me look unstable. None of the accusations are true and they are serious accusations. She is stating that My step-son is not safe with me and That she doesnt want me to be alone with me. She has made up statements that there is no evidence to support. Statements that I have threatened her and my step-son, which are not true at ALL. I want to make sure this doesn't get passed in court because they are all lies to keep me from my stepson. What can I do to protect myself from this order being finalized? Again, there is no evidence to support any of her claims. Should I be worried? PLEASE HELP ASAP
Divorce / Separation Lawyer
(1) Your husband should speak with the attorney assisting him with the custody issues (if he doesn't have one, I would recommend speaking to an retaining one); and (2) you should have an attorney at the upcoming hearing on the protective order (see my answer to your earlier post).
Family Law Attorney
Feel free to call my office for a consultation at 603-476-3261. You should be represented at the upcoming hearing. If the charges against you are completely baseless, you could file a motion for contempt or move for attorney's fees. Lying to the court is not something judges take lightly.
Your husband should then hire an attorney to see him through the rest of the custody case.
If the worst case scenario happens, and you do get a restraining order, it doesn't have to negatively affect the custody case. In many situations, a guardian ad litem is appointed to represent the best interests of the child. The GAL should perform a thorough investigation, and should look at all the facts concerning each parent's living arrangements. It's unlikely that a non-violent restraining order imposed against you will drastically affect the GAL's recommendation.
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