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I am asking this question as a concerned friend.. my friend

divorced 3yrs ago. he is...
I am asking this question as a concerned friend.. my friend divorced 3yrs ago. he is the non-custodial parent with regular, weekly visitation. his son is 14 and lives with his mother a few miles away. the son was acting up for a few weeks, new teenage attitude. one afternoon noah(son) was suppose to arrive at his fathers house after school between 3:30 and 4pm. he showed up a few hrs later after not answering his phone and missing dinner plans. dad grabbed noah"s shirt and pulled hom close to his face and began yelling at him. he went home shortly after. dad called mom the same nite several times to address the situtation. 4 days later cps called dads phone, left a message. a constable left his card on dads door. today he was served a protective order against his son...what is the first step to fixing this issue? who does dad need to call? does dad need an attorney? will there be a court date in the future? and what does this situtation mean?
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Answered in 24 minutes by:
9/1/2010
ANDREA,
ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 12,554
Experience: 25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
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Hi, and Welcome to JustAnswer

 

Thank you for question,

 

The Answer I am providing is information only and does not constitute the practice of law in jurisdictions where I am not licensed to practice. JustAnswer's policy and State Bar restrictions prohibit any attorney-client relationship, giving legal advice and client representation though this forum.

 

 

ANSWER

 

 

I truly am sorry that your friend is being subjected to this by both his former wife and his son. The mother is turning her son into someone even she will not be able to control and the son is playing them both.

 

Suggest to your friend that he retain a lawyer. He cannot roll over and play dead because next month or next year, God only knows the lies his son will be telling. He should ask his lawyer to have his son tested psychologically. He's going through a rough time right now and the son is capable of going either way. But, once he's started on that wrong road, he will not be able to turn back.

 

Your friend's lawyer should thoroughly prepare him for the hearing on the issue of whether the Protective Order will be extended to 6 months or a year. Right now, I believe it is only temporary until a hearing is held. His son is 14 years old and should know the difference between the truth and a lie and he is lying on purpose. The lawyer should serve a Subpoena on CPS to get a copy of the statement his son gave to CPS, then cross examine him on what happened and catch him in a lie.

 

The lawyer should also bring in character witnesses for your friend to have them testify that he is not a violent man, has never been violent towards anyone and never acted violently. And, that he is simply a concerned father. Too bad the mother is not as concerned.

 

The lawyer should also bring up the issue that the son came in hours late, without any explanation, without any prior telephone call to his father, worried his father half to death, showed no respect to his father when he walked into the house, showed no remorse, and this is what your friend for being a concerned father.

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Kindest Regards,

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

 

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Customer reply replied 7 years ago
thank you andrea, my thoughts were heading on the same track as yours. he is devistated about this whole senerio. do i suggest he obey the protective order until a lawyer is hired? i believe it is a temp order. Also he has made two return calls to cps and has talked to no one.( left messages) how persistant should he be to contact them? or should he wait for them to contact him?

Even though it is a Temporary Protective Order, it is still a Court Order. If he disobeys the Order, he can be held in Contempt of the Court Order and can be given jail time. Right now, he has to walk on the straight and narrow, even more so than before.

 

One thing I want to stress, if his son ever comes around him, he should immediately leave and go somewhere with other people. It is unfortunate, but for a long while, he will need a witnes or several witnesses around him so that his son does not falsely accuse him again. The consequences of ny additional accusations by his son will be dangerous to him as well as devastating.

 

He should retain a lawyer and have the lawyer contact CPS. This is very important because the people at CPS are very strange - they never do their job where there really are abused children and let them fall through the cracks. In trying to explain to CPS what happened with his son, CPS can take something he says innocently, twist it around and use it against him in Court to show violent tendencies. I don't trust CPS as far as I can throw them. If CPS contacts him, it would not be a good idea to speak to them. Let his lawyer communicate with them.

 

________________________________________________

 

Please press "ACCEPT" so that I may receive credit for assisting you

BONUS is always appreciated

That is the only way I get paid

_________________________________________________

 

Kindest Regards,

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

Don't forget to leave positive feedback!

ANDREA,
ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 12,554
Experience: 25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
Verified
ANDREA, and 87 other Family Law Specialists are ready to help you
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Thank you for accepting my Answer , your kind words in Feedback, and the Bonus you gave me, I greatly appreciate it

 

If you need further assistance, please feel free to ask for me by typing my name at the beginning of your question, like so: "Andrea, I have a question about..."

and your question will be directed to me.

 

 

Stay well and Kindest Regards,

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

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Customer reply replied 7 years ago
will do, i sent another question out earlier for my aunt. b.t. meyer is reviewing it, if you want to asses it. i wouldnt mind. your welcome, wish i could do more..im a single mom and my ex hasnt been paying his child support, because im persistant...i found this web site. you and mr. phillips have been very helpful

I would be happy to, but I do not want to step on anybody's toes. Let me see what I can do however.

 

 

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ANDREA,
ANDREA,
ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 12,554
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Experience: 25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law

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