Not enough background here to provide a meaningful answer so I suggest contacting your family law attorney to discuss further. Good luck.
The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.
Not every wrong is subject to a civil restraining order, usually you have to show some harm that has occurred and that it is likely to continue; and not just any harm such as hurt feelings. I would suggest you touch basis with an attorney who has handled similar cases. My impression is that your concern of the father not letting you speak on the phone with you son is best taken up in the custody proceeding. Good luck.
The answer to the proposed question does not establish an attorney client relationship between the proponent of the question and this attorney. Further, it is important and suggested by this author that the proponent of the question seek legal representation and discuss the specifics with the legal representative in order to obtain a specific and detailed response, rather than the general response that is provided here.
Is there a provision within the current custody order relating to telephone calls to the child not being interfered with? Is there a provision within the current custody order that gives you the right to enter his home? Do you have admissible evidence that the child was placed in immediate risk of serious harm or danger by the father's or the babysitter's action or lack of action? How old is the child? These are all questions (and likely others) that a local family law lawyer will want you to answer before giving you any meaningful advice.
The reason the request for a temporary restraining order was probably denied is because the facts do not support a restraining order (which typically involves physical harm or a credible threat of violence) . The permanent restraining order will most likely be denied for the same reason. You should hire an attorney to represent you because if the restraining order is denied, and it most likely will be denied, you can get an order that your ex pay your attorney fees. If he has to pay for filing baseless motions, he is unlikely to (mis)use this process in the future
I agree with my colleagues answers above. Additionally, be careful just showing up at your ex's house. Without more facts it is difficult to advise you. One consideration though would be if you have been given visitation rights you must adhere to those dates and times. Stopping by unannounced can have negative consequences for you when a judge is determining whether or not to issue a restraining order. I would talk to an attorney in person in order too determine your rights and liabilities.
Don't chance it at the permanent restraining order trial. Have an attorney who will fight for you and get your side of the story before the court. You don't want this on your record or to be in the CLETS system. California law enforcement for transportation. LAW OFFICES OF VICTORIA CLEMANS.
This is a general statement regarding law and facts and should not be construed as an attorney-client relationship or a solicitation for same.
The best advice I can give you is get a good lawyer quickly. If you beat this thing, use another tactic in the future and don't ever go into your ex's house again.
Child custody Domestic violence and child custody Ex parte custody hearing Family court and child custody cases Domestic violence and criminal charges Admissible evidence in criminal cases Restraining order and criminal defense Transportation law Visitation rights in child custody agreements Family law Civil rights Domestic violence and family law Fees
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