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Ellen, Lawyer
Category: Criminal Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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I need help, I have a ten yr old son who is afraid of going

Customer Question

I need help, I have a ten yr old son who is afraid of going with his dad again,We are in court now to modify visitation, and have an order of proection more for me but where it states the father must refrain from stalking,harassment,intimidation, etc.
My son is allowed to have visitation 1 weekend day, and was with his father yesterday.
Now my son is afraid of his dad and is not allowed to call me while with him or his grandmother, so I provided my son with a cell phone.
His father found out about the phone instructed him to empty his pockets when my son refused his dad forcibly took the phone out of his pants withheld it all day then threw it on the ground breaking it. I believe dad's actions and his actions through the day was intimidating. my son cried all night refuses to go back to his dad.My son can not take this anymore, we have been in court since Oct when Casey first made the statement of not being able to go back. We dont go back to court until June. HELP!
Terrified Mom
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Ellen replied 7 years ago.

Thank you for your question.

Take your child to the local courthouse and request a temporary restraining order. Tell the clerk that your son is terrified and ask for him to be allowed to speak to the judge immediately. Typically a judge will come out and talk to your son. The judge will immediately sign the TRO if the forms on their face appear that he is in reasonable fear of harm

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