I asked my wife for a divorce while away on business and she responded by filing a false restraining order. I accidentally dialed her the next day and spent a week before jail before the charges were dismissed. When my lawyer showed her lawyer the evidence that she was lying, she agreed to withdraw the restraining order.
My wife also contacted the DHS and claimed that I abused her in front of my son. DHS interviewed me in jail where I explained that I had police reports, photos, and witnesses that my wife had abused me for several years. DHS naturally refused to speak to any of the witnesses or review any of the evidence. They later sent me a letter that the case for abusing my son was "founded" for "demeaning his mother for years".
I sent an appeal to DHS, along with physical copies of the evidence and a copy of the law where lying to DHS for a divorce was illegal. They responded with a paragraph that stated "despite obvious evidence you controlled your wife for years, we could not determine the nature of the impact on your son" and the status was changed from "founded" to "unable to determine".
I'm hiring a custody evaluator - which will hold more weight?
Your case should only be discussed privately with an attorney. Your continued efforts to represent yourself is only going to cause problems. You need to buffer of an attorney to talk to people and figure out your best strategy because the attorney's discussions can't be used as evidence. Every thing you say can be used as evidence and it might work against you. Hire and attorney and do not post anything about your case on Avvo. You have no privacy on Avvo so if someone recognizes that you are discussing your case on Avvo, they could introduce the comments here into your court case.
The comments by this author to questions posted on Avvo are designed to foster a general understanding of what might be the law governing the area of the legal problem stated and suggest what might be the approach to finding a legal solution. Under no circumstances is this author acting as the attorney for the party who posted the question or as the attorney for subsequent readers to the question or response and no attorney client relationship is being formed. This attorney's comments are not intended to be a substitute for getting legal advice from a licensed attorney. A reader of this author's comments should never act on the information provided in these comments as though these comments were legal advice and should always seek legal advice in a personal consultation with an attorney in their jurisdiction before taking action. The information provided here is not intended to cover every situation with similar facts. Please remember that the law varies between states and other countries and is always changing through actions of the courts and the Legislature.
Best bet is to not post this information on Avvo for the world to see, and get representation now from an above lawyer in your state
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