There is a history between the petitioner (sons father) and I regarding domestic violence where he was acquitted of all charges and found not guilty. Soon after he filed an APR case and at temp. orders they allowed him to take our son unsupervised because he has no previous charges but his lawyer made a minute order for overnights which I do not agree with because there were 5 people living in his home (two are alcoholics with 3 DUI'S each) that lived there their whole life and are 35 and 32 now and suddenly moved out after I brought it up at the mediation. Also the father is abusive and has been violent towards our son but I tried to report it and it was never founded therefore there is nothing to prove that he is abusive or a danger to his son. What do you guys recommend I do, I can appeal it but I don't know what to say in the appeal. Im also currently waiting on a lawyer to enter the case but she hasn't just yet. Please help and thank you.
We cannot make specific recommendations in this forum. But I would advise speaking with your attorney who is going to enter this case.
You should retain an attorney to review the case and provide you with options and a strategy to move forward in the case.
In terms of dealing with abuse and safety concerns the key is being able to provide those concerns and the allegations to the court. When things are unfounded and/or he is found not guilty some courts will start to look funny at the accuser. Whether an appeal is appropriate or not depends on whether the order was issued by a judge or a magistrate, which can affect what type of motion you would file or action you would take. Given that this is just a temporary order, you need to keep in mind that permanent orders still need to be established and you have time to gather evidence, hire a custody expert, etc. It is good you are hiring an attorney, who should readily be able to assess your situation and figure out your options, next moves, etc.
Any answer provided is for general information purposes only and should not be construed as creating an attorney-client relationship with Stephen J. Plog or Plog & Stein, P.C.
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