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sarahcan22 · Jun 12, 2013, 06:06 PM

My brother in law wants to get a child protective order or restraining order against me for my niece. He doesn't want me around her anymore. About three years ago I went into treatment for addiction and was clean for over two year and then I relapsed for 6 weeks. Ever since then I've been really working the program: going to AA meetings, throwing myself into my work, really focusing on family and going to an addiction specialist every 4 weeks. I also have numerous drug tests that say I'm clean. My brother in law is claiming that I did drugs in front of my niece, which is not true. I love her so much and it would kill me to not have her in my life, especially since I've never done ANYTHING to put her in harms way. What do I do? He is not up for discussion on this so I can't talk him out of it. Will they grant him a order without proof? If I have character witnesses will it matter? What do I need to know about this process?

smoothy · Jun 12, 2013, 06:11 PM

All he has to do is present enough proof to the court to show you present a possible danger to the child... and from what you have told us... you provided ample proof for him.

I advise you to hire a lawyer to present a credible defense. Do this yourself if he has a lawyer... and you are likely to lose.

cdad · Jun 12, 2013, 06:15 PM

Be sure to show up at the hearing when it happens. Make sure you bring your test results with you and stand up and be heard. So long as the child wasn't harmed by you then its not likely to be granted in the fullest extent.

AK lawyer · Jun 12, 2013, 06:23 PM

The exact procedure will depend on the precise letter of the statutes and rules of your jurisdiction (state or country). It will also depend upon the practice in the court in the community where you live. I strongly advise that, if you don't get an attorney as others have suggested, you at least get familiar with these statutes, rules, and practices.

Generally, at least in some places, a temporary order is granted ex parte (without your input), based only upon the petitioner's affidvit, and a hearing is scheduled for a week or so in the future, at which time you will have the opportunity to give your side of the story. At that time come prepared with good witnesses to the alleged facts (not just "character witnesses" who can only state what a good person you are), and be ready to thoroughly refute what he has said.