My fiance's son(9 year old) was coached(by his mother) to say that my son(6 year old) was abused. After making up the story, instead of reporting suspected abuse, she called my son's father. Instead of calling the police, or asking me, he filed a restraining order. The event was described in the restraining order: "We were informed by a 3rd party that (my son) on 05/03/16 was being forced to eat, and when he wouldn't eat (my fiance) would pick him up in a violent manner and then would throw him back down on the ground after smacking him around. He was told on 05/04 to sit at the table and another incident happened on an unknown date where (my fiance) slammed (my son's) hand in a door when he was waiving bye to the other children in the house. (My son) has come home to us several times with bruises and scratches on him. "
This event in no way occurred. We have an ER doctor's abuse examination documentation, full page photos of my son(front and back wearing only shorts) holding the note from the doctor with a time stamp from my cell phone.
This is the second false restraining order my fiance's ex wife has been a part of in the past year.
My answer to your related question tells what will happen in trying to get the truth from the child - he will be interviewed by a Guardian ad Litem. My view of these cases is that the truth will win out, especially if one side has manipulated the facts. Unfortunately, people have the right to access courts and so there is little to stop her. Perhaps at some point it gives rise to a lawsuit for abuse of process, but in my experience that tends to escalate things rather than calming them down.
To questioners from West Virginia & New York: Although I am licensed to practice in your state (in WV, on inactive status as of 9/13), I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.
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