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View Full Version : My petition for a restraining order was denied


margarod12
Aug 12, 2014, 07:53 PM
My petition for temp restraining order denied: explanation->was that all evidence was looked at initial hearing, OK well how was it overpassed if there's copies of text to sell Rx online, child endangerment, threats, and child live with me for a year until taken by the other parent, and was kept from me for 2 months! Now we have 50/50 through mediator

odinn7
Aug 12, 2014, 07:58 PM
It's going to be tough to get accurate answers from anyone here as we don't know the situation or anything about it.

cdad
Aug 13, 2014, 03:42 AM
Were all the rules of evidence followed? If not then the evidence no matter what it is will be dismissed and not considered in any way. It sounds like you had lack of follow through in getting the evidence in front of the judge.

joypulv
Aug 13, 2014, 04:02 AM
You aren't explaining this very well to us, so I have a feeling that you aren't doing so to a mediator and in front of a judge either.

ScottGem
Aug 13, 2014, 04:46 AM
As noted, some more background would help us help you. But what it sounds like is that the evidence was all reviewed and was not given enough credibility.

Do you have an attorney?

Fr_Chuck
Aug 13, 2014, 07:10 AM
Who was the restraining order for, you or the child?

I do not see a lot of real threats, and certainly no prior harm, to justify.

Copies of text to sell Rx online, so, first, they are easy to fake. And if true, are criminal but not showing any harm.

, child endangerment, what type, was CPS notified, this is an issue for custody or visitation fights,

, threats, this appears to be a heated separation, and if there was not threats, I would be surprised. The issue, is what has he done to follow up on them. Do they appear serious to the court.

, and child live with me for a year until taken by the other parent, and was kept from me for 2 months! Now we have 50/50 through mediator

I have not and do not see any mention of a child custody order. It appears, the court did not take your evidence of child endangerment serious, to allow him joint custody

margarod12
Aug 15, 2014, 02:10 PM
The other parent took my child after leaving him to my sole care for months on and off especially when they where homeless and child was in danger or she was on drugs. The day of hearing I was given rights of parantage, and we were granted 50/50 shared legal & joint phisycal custody. Even when I entered a petition for patternity and 100% child custody, attached where many copies of child neglect, drug, alcohol,an many text and post on social media where the other parent has accepted she has put child in danger,I was told that I had no rights until I was the legal father but for a year I did have obligations, well I feel my son was put in danger by granting 50/50 plus she will take my son out of the county every seven days to the address where she sell rx meds, I also entered a restring order because I learned that not only physical, verval abuse is domestic violence but it was denied! Im so scared for my sons wellbieng and don't know who can help us if I don't let him go to protect him I will loose him. Help please

ScottGem
Aug 15, 2014, 06:37 PM
It takes an awful lot to take a child away from a parent. Which is probably why you are experiencing what you are. As for taking the child out of the country, you should get the court to issue an order against that. Then put the child on a state department watch list so she can't get him out of the country. If she tries it will give the court more ammunition to give her only supervised visits.

Do you have an attorney? I suspect not, because if you did, I doubt if you would be in this position.