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S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2485
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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Help!!! Wife served me restraining order. Read it. No

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Help!!! Wife served me restraining order. Read it. No evidence on physical abuse. No evidence of drinking on psychological drugs as accused. Never threw my ring at her. NEver endangeres kids well being. Said I threw a phone at her. Can she use her 10yr old son as a witness? What do i do? Credit card appears to have been frozen. Dont know if that is even a thing from a spouse with same account. Therefore I cant pay for the services here at the moment, but really need some help! 5 stars.

First judges HATE it when people try to bring in children asd almost never allow it.

With regard to the credit line, have you called the credit card company?

Customer: replied 8 months ago.
No. First thing tomorrow. Can they freeze that during an order? Another thing, isnt this restraining order abuse. She stated full alimony and cs and has my child in Tijuana which is a dangerous city. Its literally 65 percent less than living in San diego.
Customer: replied 8 months ago.
Thank You so much for helping me. Your time is much appreciated. ill send you a christmas card.

A restraining order would not cause your account to freeze. If your ex did it, she would have had to ask them to do it. Was her name on the account?

Restraining orders are never considered abuse under the law, although they can be used abusively. OK many courts, financial issues are not addressed in restraining orders. May I what county you're in?

Customer: replied 8 months ago.
San diego county.v she has the kids in tijuana

How long have the kids been in Tijuana? Does she plan on living there with them?

Customer: replied 8 months ago.
she plans on living with them in Tijuana. It's a very dangerous place for the children. I feel her living there will suck if my alimony payments as requested by the order will allow her to live like a millionaire over there. This same process was done to her ex husband who is paying child support to her account used in tijuana. She knows it and is getting me to do it now.
Customer: replied 8 months ago.
What could be used in court to kick her ass for doing this to me?

If she just moved to Tijuana, you may want to file for divorce so you can seek an ex parte order (emergency order) requiring the children to be returned to California. The longer they are in Tijuana, the more likely she will be allowed to stay there with them.

With regards ***** ***** protection order, if you go in with the goal of "kicking her ass," you will likely lose your case. You need to focus on disproving the allegations.

Customer: replied 8 months ago.
i understand. I was just upset yesterday. She hasnt really lived in mexico per say, because her residence is here and name is ***** ***** apartment lease for the past 4 years. She would stay there during my working hours and come home after working hours and throughout the night until the next morning. As far as I know, her moms apartment in Mexico doesnt have a lease and is possibly done underhandedly by paying cash. Not sure though. Anyway, how would that info be able to be found out if possible? Maybe she cant prove residency there. Who knows?

Well, clearly she's living there now, and you may be able to get an order keeping the children in the country and/or the State of California. With regard to her past residency, I was just trying to determine if California even had jurisdiction. It sounds like it does.

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