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Law Girl
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My boyfriends soon to be ex spouse filed a motion to prevent

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My boyfriends soon to be ex spouse filed a motion to prevent their children from being around me. It states in part that I have substance abuse issues and wool "cause harm." What evidence validates that claim? No DUIs, no treatment facilities, etc...
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Law Girl replied 6 years ago.

Thank you for your question.

In the absence of any type of public record substantiating a substance abuse issue, then the court would rely on her testimony from what the person making the allegation has seen from being around the accused and/or potentially what the children have told her about what has happened being around the accused. Although some of this is hearsay, since children are involved, the court may err on the side of caution. However, it is not enough for the accuser to make such a grand allegation as there is substance abuse, the court will likely want details as to why this is believed and facts as to the personal knowledge she has of when the accused was using the substance and the consequences of such use.

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