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My son and his girlfriend of three years had a baby who is

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now six months old. She...
My son and his girlfriend of three years had a baby who is now six months old. She came home to the state of N.Y. for the holidays to visit her family and was to return to V.A. six days ago. Everyday a different excuse as to why not that day. I had a feeling she was up to something as she is a very depressed and emotional girl who has been off her anti-depressants meds for months now. I convinced my son to file for custody which he did the day prior to Thanksgiving. She made last years holidays a roller coaster ride also. We were allowed access to our granddaughter for a total 10 hours during her 17 day visit. We were told she was very busy visiting with family. After many lies about her return trip she said she was returning finally instead she drove to V.A. and filed for an protective order siting physical, emotional, drug abuse charges not to mention forced to have sex charges against him and then immediately drove back to N.Y. having her father send a text message sorry change of plans. Now, I was a third party to a conversation they had this past Sunday prior to her trip (she was unaware) during this conversation he discussed the issues they were having. Her not leaving the house, not getting dressed until very late in the day if at all, never making a meal, never doing the grocery shopping or even cleaning the house. Refusing to go out with other couples for even dinner and calling her mother and sister 15 to 20 times a day. He even went so far as to ask her what issues she had and she presented none. Now he was three states away so there was no fear of abuse so why wouldn't you say that. My son hasn't seen his daughter in 19 days. This is insane.

My question is where does he go from here and what are we to expect on the 15 of December at the hearing on these trumped up charges? Does she not have to produce any proof of the accusations she has levied against him? A police report, witnesses, pictures anything? Does he have any recourse due to these vindictive false charges?
Submitted: 6 years ago.Category: Criminal Law
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12/1/2010
Criminal Lawyer: Michael J, Esq., Lawyer replied 6 years ago
Michael J, Esq.
Category: Criminal Law
Satisfied Customers: 3,472
Experience: Licensed attorney experienced in criminal matters, having represented hundreds of clients with every misdemeanor and felony imaginable.
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Michael J, Esq. :

Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your criminal problem today.

Michael J, Esq. :

I'm sorry to hear about your situation.

Michael J, Esq. :

Yes, the mother will certainly have to prove the accusations before a Judge will grant a protective order. I'll give you a couple suggestions about the hearing in a moment.

Michael J, Esq. :

Basically, the mother will have to prove that she feels threatened by your son in order to receive the order. Her evidence will likely be testimony evidence straight from her mouth. Since the accusations are baseless, she won't have any other hard evidence, assuming there isn't any police reports, etc.

Michael J, Esq. :

Your son, on the other hand, can do a couple things to prove his innocence. Presenting the divorce complaint to the court that was just recently filed will help show that this protective order is based on vengeance, not fear. If your son is clean and is not a drug user, a negative drug test screen may also be advisable. Finally, any testimony from friends or family that backs his story will certainly be helpful.

Michael J, Esq. :

Hopefully, that will be enough to prove a protective order should not be issued.

Michael J, Esq. :

I wish you the best of luck! Don't forget to press ACCEPT if my Answer was helpful. If you need me to clarify my Answer or ask a follow up question, just ask! My goal is to provide an outstanding Answer, so give me a chance.

Regards,

Michael

Michael J, Esq. :

Are you there?

JACUSTOMER-6g3gkwsy- :

How long can she keep his daughter from him? She removed her from her home State and is keeping her from our entire family. How does one defend against hear say? That's almost impossible and isn't it against the law to file such crazy charges with zero proof only after she finds out he had filed for full custody.

Michael J, Esq. :

If there is a protective order, he won't be able to go around her or the daughter until it is over (usually 1 year).

Michael J, Esq. :

The only way to defend against her testimony is to put on specific evidence and testimony of his own. It doesn't appear she has done anything illegal yet, but lying under oath is perjury and punishable by time in prison.

Michael J, Esq. :

I'm sorry he is in this situation, but he's just going to have to go before the Judge, tell the truth, and put on his evidence that shows she is just being vindictive.

Michael J, Esq. :

I wish you the best of luck! Don't forget to press ACCEPT if my Answer was helpful. If you need me to clarify my Answer or ask a follow up question, just ask! My goal is to provide an outstanding Answer, so give me a chance.

Regards,

Michael

Michael J, Esq. :

I have to step away from my computer, but will answer any follow up questions when I return. An ACCEPT for my time is much appreciated!

JACUSTOMER-6g3gkwsy- :

A year!! With no proof, which I know there is none. The only time the police were called he called them. She can't have any proof as it never happened so if that's all you have to do is say it to keep him away from his child for a year. Boy do women have a huge advantage and weapon. I always thought you were Innocent until they proved you guilty.

JACUSTOMER-6g3gkwsy- :

In filing these trumped up charges did she avoid having to remain in the State of V.A. so he can continue contact with his daughter? In doing this does she increase her chances of being allowed to move to a different state for residence? I'm trying to figure a pay off for such outlandish behavior.

Michael J, Esq. :

Are you still there?

Michael J, Esq. :

I can't tell you the consequences of this protective order because it hasn't been issued yet. I think you should take this one step at a time. The order may not be granted if she can not prove there is any cause for her to fear for her safety. A Judge won't issue the order without that proof.

JACUSTOMER-6g3gkwsy- :

She already has a fifteen day order until the hearing on the petition in front of the court. So I assume this is a just temporary order.

Michael J, Esq. :

Yes, a temporary order is always granted for the claimaint's safety

Michael J, Esq. :

The hearing is to determine whether the order should become permanent.

Michael J, Esq. :

I believe I have answered your questions thoroughly and hope I was helpful.

Michael J, Esq. :

I wish you the best of luck! Don't forget to press ACCEPT if my Answer was helpful. If you need me to clarify my Answer or ask a follow up question, just ask! My goal is to provide an outstanding Answer, so give me a chance.

Regards,

Michael

Michael J, Esq. :

Are you there?

JACUSTOMER-6g3gkwsy- :

How often are these orders denied, percentage? Are we fighting a losing battle as they would want to error on the safe side?

Michael J, Esq. :

No, it's not a losing battle. As I said, the Judge will ONLY grant the order if there is evidence to support it. No evidence = no order. As far as the percentage goes, that is a statistic that does not exist for me to relay to you. Every proceeding in every county is separate, and each is based on the individual circumstances of the case. Without knowing the mother's evidence, there is no way for me to tell you if she will be successful or not.

Michael J, Esq. :

I wish you the best of luck.

Michael J, Esq. :

I wish you the best of luck! Don't forget to press ACCEPT if my Answer was helpful. If you need me to clarify my Answer or ask a follow up question, just ask! My goal is to provide an outstanding Answer, so give me a chance.

Regards,

Michael?

















Michael J, Esq.
Category: Criminal Law
Satisfied Customers: 3,472
Experience: Licensed attorney experienced in criminal matters, having represented hundreds of clients with every misdemeanor and felony imaginable.
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