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Hi, and Welcome to JustAnswer, My name is Andrea, I am a licensed, practicing Attorney, I have 25 years experience and would be glad to help
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He cannot take your son away, so put your mind at ease on that issue
Was a Protection/Restraining Order granted in the Domestic Violence case ? If so is it still in effect ?
you sure? i am inbetween jobs, he has one. but sells drugs, and i cant prove it other then him smoking it.
yes the case is still affective
Not the case, I meant was an Order of Protection entered against him in that case ?
it was granted in the begining of it
For how long was it in effect ?
Is it still in effect now ?
til january, and yes
You do not have to be with this person, and he cannot take your son away because you won't be with him
but as far as i know, he hasnt shown up for probation
should i take him to court and get full custody? he has never done a thing for my son.
Since the Order of Protection is still in effect, he violates the Court Order each time he contacts you, communiocates with you in any way. The bottom line is that he is in complete violation of the Order,Here are the simple steps you must take in order to protect yourself, your son, and to put him in his place
1. Go to the Court that entered the Protecti0on Order, Ask the Court Clerk for a form you can fill out called "Petition for Contempt"
You will fill out the Petition and list all the times he has threatened you, harrassed you, communicated with you in any way - phone, text, letter, through relatives, etc.
he contacts me everyday
2. The Court Clerk will gice your Petition a hearing date and at the hearing you basically will tell the Judge what you stated in the Petition and you will ask the Judge to hold him in "Contempt of Court" and tell the Judge you fear for your safety and that of your child, the guy takes drugs, he doen'st care about the Copurt Order of Protection and he should be held in Contempt. Tell the Judge also that he will not leave you or your child alone because you refuse to go back with him, and ask that he be put in jail for Contem pt of Court
i honestly dont want him in jail, i just want full costody so he can finally leave me alone.
with no visitation rights
That will not be possible because he is the father
The Court takes it very seriously when a party refuses to obey a Court Order.
He has to learn to respect boundaries. You said tht your son's father threatens you, harasses you, stalks you, This is no way for a grown man to act, and it also presents a very bad example for your son.
Since you have told him that you want to be left alone, but he won't listen, the only option you have is to file a Petition for Contempt.
will i need a laywer when going through the court case?
Hello, are you still there, or did we get disconnected ?
it said you went out of the chat for awhile
will i need a laywer to go through this court case?
We seem to have problems with "chat" that's why I prefer not to use it
No, you do not need a lawyer. As I stated above, go the Court Clerk's Office, ask for the form to fill out which is a Petition for Contempt.
then what do i do after all of this?
He will give you a Court date, then you will tell the Judge exactly what you stated in your Petition.
If your son's father won't l;isten to you, he is going to have to listen to the Judge
He cannot, nobody can just ignore Orders of the Court
will i just be talking to the judge at first? or will he be present too?
When you got the Order of Protection, the one which is still in effect, you were supposed to use it. Each time he comes around, threatens you, harasses you, stalks you, you are supposed to call the police, show them the Order of Protection and they will arrest him. I know that you don't particularly like the idea of his arrest, but it's for your protection and for your son. If the Court is going to grant a Protection Order, but he's going to ignore it and you do not try to enforce it through the police, then what was the point of going to Court in the first place ?You will be given a copy of the Order which the Judge will enter after the hearing on Petition for Contempt and you have to use it, that's the bottom lineentered by the Judge
It's up to the Judge. If you tell the Judge that you are afraid of him, the Judge will do something about it. On the other hand, he has to hear the accusations in order to defend himself. That's how the justice system works
i dont have proof of it. they never gave me a document i just got called from the court after saying that we have a no contact oder
Fine, there is a "No Contact " Order, but he is still violating the Order
I wish there was more that I could tell you, but this is your only option
It's hard, but he can't hurt you. You have to do it for your son.
Don't forget, you said he takes drugs, people are not thinking rationally when they are on drugs. You have to protect your son
if you need clarification on anything please let me know and I will be glad to explain. In the meantime, please press the "Accept button" so that I mayn receive credit for my time and effort in helping you, otherwise I do not get paidThank you for allowing me to assist you