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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12681
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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My estranged wife obtained a restraining order as a legal tactic to gain an advantage in o

Customer Question

My estranged wife obtained a restraining order as a legal tactic to gain an advantage in our divorce child custody case. After 3 months in a women's shelter she was finally able to get our children to say I abused them. I have not been able to see my children because she has alienated them against me. There has been no police report filed in our twenty-five years of marriage, there are no witnesses and no medical evidence. I believe my civil rights have been violated because I have been determined to be guilty and not allowed the opportunity to defend myself because my estranged wife and the court continues to delay a hearing. How can I get help with this?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 2 years ago.
Hello. My name is XXXX XXX I will be glad to help you.

I am sorry to hear about your difficult situation.

How old are your children and was there a "no visitation" order against you issued by the court?
Customer: replied 2 years ago.

I have 4 children--a son who is 16, twins who are 13 and my youngest daughter is 11.

 

My estranged wife insisted on supervised visitations at the CPO hearing and we used a local agency to provide that service. The owner of the company reported their mother was making it so difficult on her and on my kids with each visitation (the visits went very well in the beginning but were becoming more and more difficult week) she recommended "therapuetic" visitations and declined to supervise any further visits. I live in a fairly small town and have found it difficult to find another agency to provide this service. So, the court order is for visitation but that it be supervised by an agency approved by the court.

Expert:  Alex J. Esq. replied 2 years ago.
Thank you for your follow.

Is this a temporary order for a supervised visitation or permanent one?

Did the minor children expressed a wish not to have visitation with you?
Customer: replied 2 years ago.

The order is temporary--I am waiting on an evidentary hearing.

My children were dropped off at the visitation center by my estranged wife. It took the first hour of the two-hour visitation to get them to warm up to me. They complained about the dinner I brought, one of the twins went to lie down on a sofa, and my youngest daughter sat at the table drawing pictures to give to her mother. There were a lot of games with my estranged wife--she made a police report because I was walking into the center just a few yards in front of her. I was carrying pizza and pop and did not see her. Another time she complained to the court the curtains were parted a few inches at the center and she could peer in the window and see the children. Another time she had my twin daughter complain about the food and say it made her sick and that got reported. The list goes on and on.

 

They did not say they did not want to visit with me but they were obviously stressed out about having to be there. The owner told me later on that it appeared their mother may be coaching my kids to make the visits difficult. She did not want the "drama" with my estranged wife during the visitations and reported she would no longer be involved.

Expert:  Alex J. Esq. replied 2 years ago.
Thank you for your follow up.

Unfortunately, at this point pending evidentiary hearing and hopefully more favorable court ordered visitation, there is not much that can be done, either than to file a motion asking the court to enjoin your wife from alienating your children, but unless there are some strong direct evidence that you have of this alienation done by your wife, there won't be much that the judge will be able to do.

Another option would be to ask the court to allow supervised visits at a public place and to have a professional such as a nurse or a social worker who is neutral to the case, to supervise your visits, until the issue of visitation is heard by the court and decided, hopefully in your favor.

I am extremely sorry about what you are going through and unfortunately, the legal options in this point in time are rather limited, but hopefully the issue will get resolved at your upcoming evidentiary hearing.

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