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JackJD
JackJD, Lawyer
Category: Family Law
Satisfied Customers: 503
Experience:  I've been in practice for 30+ years, concentrating in family and employment law. I enjoy helping people.
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my ex bf said that he filed a police report against me months

Resolved Question:

my ex bf said that he filed a police report against me months ago for child abuse with his 2 daughters--not sure what type of abuse. it has been months and i haven't heard any from the police, i am thinking he is making this up so he'll scare me regarding our child custody battle for our 7 month old child. its sunday today so i can't call the police satin in tucson AZ, if he really file a report how come nobody called or give me a notice up to now? if i find out that it is not true what case can i file against him thanks, XXXXX XXXXX
Submitted: 2 years ago.
Category: Family Law
Expert:  JackJD replied 2 years ago.

JackJD :

Hello, my name is XXXXX XXXXX I'll be answering your question.

JackJD :

I don't work in Tucson, but I don't know of any police department which, having received a legitimate complaint, wouldn't have followed up on it back then.

JackJD :

I've worked in family law for 30+ years, and I'm thinking that you are correct, he is making this up to intimidate you regarding your present custody battle.

JackJD :

My suggestion to you is, don't even try contacting the police. Just go ahead with whatever you were doing on the issue of your 7 month old. There is nothing you can specifically do about his making this kind of lie. It's not against any law, its just sleazy.

JackJD :

Have I fully answered your question, or would you like to ask a follow up?

Customer:

I got a related question, but i do not know if i need to put up another window for another lawyer--let me know.

JackJD :

Its ok, just go ahead and ask it.

Customer:

My ex bf likewise took the key to our mailbox and he is just handing me my mails which i find to be violating my rights as i wouldn't know if he is hiding some of my letters. He said that it is the advise of the house owner for that house that we are renting but in the end he said that he did intentionally.He is the one renting the house but i live with him for 6 years ,in addition to the its one, do you think this is enough for me to file any sort of charges

JackJD :

I don't think you have any charges to file, unless you can prove that he kept a letter. You can, however, go to the post office and rent a box, and file a forwarding form for your name only. That way, you don't have to worry if he's hiding your letters.

Customer:

Another incident is that i have to call 911 bec at 2100 his friend who is drinking with him , he won't let him leave ( i was letting the baby sleep at this time ) the police let them leave and my baby and i stayed home, the next day he told me that the owner of the house wants me to leave the rented house, if it is a lie or not i don't know, likewise the house owner wants the rest of the family vacate the place because of the 911 call. No damages has been done at all to the house. Is it legal for the owner to do this since a contract has been signed for a 1 year lease. i am not sure if my boyfriend is making this up to intimidate me ,

JackJD :

If there is a one year lease, are you on the lease or just your bf?
No, the landlord can't evict a tenant because of a police call, but if your name is XXXXX XXXXX the lease, you may have a problem there.

JackJD :

Personally, I wouldn't belief your boyfriend if he said it was raining out.

Customer:

he is the only one in the lease.

Customer:

are all of these incident --are they not enough for me to file any sort of right violation at all.?

JackJD :

Unfortunately, no criminal charges ...

JackJD :

You should think about how to secure your right to stay there.
What can of "custody battle" do you have now?

JackJD :

I'm leaving my computer for about one hour; if you post again, please be patient, I will pick it up when I'm back.

Customer:

Thanks Jack. We left Tucson AZ even if i have a good job there, we needed to relocate to Oregon with my brother's family because 6 weeks before we left he abandoned us and i was left baby sitting and working for the last 6 weeks by myself that left me with 2-3 hrs of sleep daily for 6 weeks, i can't send my baby to child care institution as he is too young he was just 4 months that time, in OR my brother helps with the baby care. His reason of abandoning us is because of the allege abuse but he was always drunk and in parties most of the time that he is supposed to baby sit. He didn't leave any forwarding address and at some point he want to take my baby overnight so i can go to. work,without letting me know the address i needed to hire a private investigator just for me to know his addressn

Customer:

My question is regarding the abuse---let say verbal abuse or emotional abuse--what is the criteria for it to be considered abuse, i never even said any cursing words at all to this kids neither touch them or hurt them physically.

Customer:

pls be online.

JackJD :

Do you mean, did you abuse him? Sounds like not. So you are in Oregon? No legal proceedings of any sort have been started? How long have you and the baby been in Oregon?

Customer:

Thanks Jack. No legal proceedings yet, i just received a letter from Oregon child support that child support is pending since he filed his own private petition regarding custody and support.

Customer:

we ve been here for les that 2 months.

JackJD :

Did it say where the 'private petition' has been filed? Arizona?

Customer:

About child abuse--he is claiming that he filed police report regarding me abusing his 2 other daughters but i haven't received any notification at all. wha are the criteria for it to be considered child abuse, i didn't even say any cursed words or threat neither touched or harmed them physically. What happened is that i informed them of all their unacceptable behavior for the its time in 2 year s in a heightened emotions since i haven't done it in 2 years, i can not hold it any longer.

Customer:

the private petition is in AZ where my baby was born

JackJD :

Really, I wouldn't worry about the allegation of child abuse, just telling them their behavior was unacceptable is not child abuse.
I would be concerned about any child custody proceedings which he may have brought in Arizona. Under the Uniform Child Custody Jurisdiction Act, the court with jurisdiction is the state where the child has been for the majority of the last six months.

JackJD :

I recommend that you call the court in Arizona, and ask if any proceedings have been filed against you. He may have filed, but not sent you notice.
I would also consider filing yourself in Oregon.

Customer:

he owes me lot s of money which he refuse to pay likewise.how can i get my money back, i can get a bank statement about the check i issued him

Customer:

Sorry, i been mixing u up.

JackJD :

That's another story. I would think that establishing custody of your baby is your priority.

Customer:

How can i file in Oregon, since we've been here only for less than 2 months?

JackJD :

You can file in Oregon, since that is where you are.
Has he ever been physically abusive to you or to the baby? Or threatened physical abuse?

Customer:

can i use the fact that he owes me money and he refused to pay with regards XXXXX XXXXX fight against custody?

JackJD :

Nope, the money doesn't mean anything.

Customer:

He has been once in a while verbally abusive,He doesn't have good family history. he got 2 other children he is not supporting and he got history of womanizing will that be a point against him also?

JackJD :

Maybe, the real issue will be parenting, who will be able to give this baby a stable home. When you say verbally abusive, did it include any threats, raised voice, hitting the wall?

Customer:

i know i have lots of questions and i appreciate all ur effort.He hasn't spent more than 100 dollars for my baby ever since he was born, it has always been me and the reason why we separated is because he chooses his 2 other daughters over me and my 7 month old baby, will that be a point against him.

JackJD :

Possibly.

Customer:

regarding verbal abuse----cursed words towards me in our own language, ( filipino )

JackJD :

That's not quite enough to get a protection order. (That is what I was fishing for.)

Customer:

Last question Jac

Customer:

What are my chances for custody

Customer:

and child support

JackJD :

Your chances are excellent. This is a 7 month old baby whose been with his mom since birth. Child support? You can get an order, sure, but will you get money? That depends on whether the state can collect from him.

Customer:

i wouldn't mind him visiting but for him to take the baby out of my house is a no no. can i ask that from the court.

JackJD :

Yes.

Customer:

thank you very much Jack.

JackJD, Lawyer
Category: Family Law
Satisfied Customers: 503
Experience: I've been in practice for 30+ years, concentrating in family and employment law. I enjoy helping people.
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JackJD
JackJD
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I've been in practice for 30+ years, concentrating in family and employment law. I enjoy helping people.