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do you think my daughter could get an order of protection against

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her children father due to...
do you think my daughter could get an order of protection against her children father due to her 4 year old son broke his foot. She took him to the er on the friday before dad was to take the kids on Saturday for the entire weekend. The child broke his foot. a splint was applied at er with instruction to keep him off his foot as much as possible. Mom emailed dad prior to picking up kids telling him he needed to keep him from walking on foot as much as possible. She verbally told him also. The child was taken to the dr on the following monday. Mom met him there. The child came into the office walking on his broken foot, the splint had 2 socks covering it and there was a hole wore all the way through both pair of socks. When dr removed the socks it was evident that the child had been walking on the splint, it was very dirty on the bottom, and the splint was broken. The child stated that dad had taken him and his brother to the park prior to arriving at dr office. Dad is not following dr order and mom is concerned about sending the child to dad because he is in a cast for the next 5 weeks. is this grounds to get an order of protection
Submitted: 4 years ago.Category: Family Law
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4/23/2013
Family Lawyer: Joseph, Family Law Attorney replied 4 years ago
Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7,280
Experience: I have over a decade of experience as a Family Law litigator
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As you may know, an order of protection (OP) is generally based on acts of violence or threats of violence. For example, if someone intentionally struck you, an OP would probably be appropriate. Likewise, if a person threatened to cause you physical harm, an OP would be a viable remedy.

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Here, based on the facts as you have stated them, it appears that the father failed to follow directions from a doctor and, in turn, may have caused harm to the child. However, assuming the allegations to be accurate, this was not an act of violence or a threat of violence. As such, it does not seem likely that an OP would be granted.

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Having said that, your daughter might consider a different remedy. She could file a motion for contempt and enforcement with whatever court established custody. There is likely an order in place in that case that states something along the lines providing for the best interests of the child. Clearly, you daughter could argue that the actions of the father would constitute a violation of such an order.

.
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Customer reply replied 4 years ago
what about a restraining order, is that different than order of protection. she needs to do something so that the child does not have to go to dads at least until his foot heals. He is actually in a walking boot now but it is removable for short periods of time to clean leg only during bath. This child also wears an ankle brace on both ankles prior to his injury. Dad never puts that on him when he has him and dad already told child he does not have to wear the boot all of the time. mom is concerned during dads visits the child will not wear the boot or the brace . what can she file that may allow her to not let the child go with dad on their court ordered visits
Family Lawyer: Joseph, Family Law Attorney replied 4 years ago

Unfortunately, the answer would be the same. The remedies you are referring to are not intended as a cure for bad parenting, they are intended for violent and/or threatening behavior. Bad parenting needs to be addressed in family court and this is the most appropriate remedy for your daughter.

.
I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
.
If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

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Family Lawyer: Joseph, Family Law Attorney replied 4 years ago

I am going off-line for the evening. Please feel free to respond, if necessary, and know that I will be back on-line tomorrow. Thank you for your patience.

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Customer reply replied 4 years ago
what about filing a motion to suspend visitation until the final hearing. the judge is unaware of many things that dad has been doing since the first hearing in oct.
Family Lawyer: Joseph, Family Law Attorney replied 4 years ago
That would be possible as well. Again though, and as you may realize, such a motion would be filed with the family court and not as part of a restraining order..I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed. .If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied..Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line..Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.
Joseph
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