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Hi Ely, my wife has been trying to incite the other kids against

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Hi Ely, my wife has been...
Hi Ely,
my wife has been trying to incite the other kids against me in last few months. since she saw that she is not getting any where. during last week she started to throw water and towel and other items and curse me simultanousely. last night she started she set me up. she started hiting my youngest son at age 6 and then poor kid was on the floor and crying. he started to fight it back with her. she took a heavy ball and kept rocking it towards him back and forth while he was on the floor crying and screaming. then she was saying that now you do not talk to your mom like that. then he pinched his hand and then he started throwing socks at him while he was crying and then next thing i saw she was putting a sock in mounth to gag him and i got very alarmed and pushed her away. she throw herself on the floor. she got up right away and smiled away. meanwhile after few minutes that i was holding yosef, he picked up the phone and called 911. i told them what she what was going on. then next thing i know, police came to the house and i did not that she call police before me. i explained what had happen and next thing i know they hand cuffed me. she also called the ambulance and they checked her out. then she put a emergency temperory restraing order till april 6 for her and my kids. this morning i got bailed out. my question is how would i fight this case. also my older son wants to talk to me very badly. i am very concern that because of the restraining order, she would make things more difficult for me. please advise. also i had restraining order two weeks ago against her brothers. they are also involve in this conspiracy. they were docking the restraining order to be served. tonight one my father and brother went to get my belonging from the home, one of the brothers went to the house. my father talk to my son and the brother says the my wife for sure needs to go to dr. is the restraining order in effect against him in this situation or not. please advise.
Submitted: 5 years ago.Category: Family Law
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4/1/2012
Family Lawyer: Fran-mod,
 replied 5 years ago
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Family Lawyer: Ely, Counselor at Law replied 5 years ago
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,932
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello,

I am sorry for your situation. At this point, I strongly recommend retaining an actual attorney. You have been charged with a crime. This adds to the complexity of your case overall. This is nothing that you are going to be able to take care of yourself - an attorney is recommended. It is your word against hers. Needless to say, this will affect custody if custody is an issue.

The restraining order is against whoever is says it is, but no one else. If he is included in the order, then yes.
Ely
Ely, Counselor at Law
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Customer reply replied 5 years ago

one more question, regarding my brother in laws. i am right now staying by father's home, my son and my older brother saw him in my house, even though i had a straining order against him. however, he avoided getting the order by saying he went out of the country. this week is the court date. what is my option here. i am planning to see an attorney very soon. however about this subject i like to get your opinion.

Family Lawyer: Ely, Counselor at Law replied 5 years ago
Hello,

You mean a restraining order.

I am not sure I understand what you are asking, exactly - I will say:

Right now, you are to avoid any individuals that you are restrained from contacting. If they are going to be in the vicinity where you are, and you know ahead of time, you need to leave, unfortunately. If you see them somewhere, you need to leave. The rebuttable presumption is that you are violating the order even if you were not aware that they would be near you. This provides them with a bit of an advantage to abuse you, but normally it works out. This works both ways, of course, if you have a restraining order against someone else.

The individuals that you have a restraining order against cannot come near you. However, unless the order specifically states that they cannot go to the house, then they may - as long as you are not there.
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Customer reply replied 5 years ago

in the restraining order which i have filled out almost 3 weeks ago, i put the name of all my children and myself so these two brothers would not come close to 100 yards to us.

when last night my brother went to pick up my clothing from my house, he noticed that one of the brothers entered the house. then my son called my cell phone to see how i am doing and my brother told him that in the restraing order that has filled out by my wife, i should not have no contact with the kids till april 6 2012. my brother asked him if one of the broters is in the house. he said yes. and he asked him what is he doing. he said that he is telling my wife that he should go and take x-ray. my question is in this situation has he violated the restraing order by coming to my house and have entered into 100 yards to my children. my children were all at home last night. and if he has violated, does it make a differnce if avoided recieving the order. i have hearing for this order very soon and i have strong evidence showing his harrasement and the conspiracy that he had against me and my children. please advise

Family Lawyer: Ely, Counselor at Law replied 5 years ago
Hello,

Apologies for the wait.

Arguably, yes. Even if they have not been served with the copy of the order, the order (if approved by the Court) is still enforced even if they have not been formally served.
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