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I would like to file a restraining order against the father…

I would like to...

I would like to file a restraining order against the father of my children (unwed) in Louisiana. We tried visitation with the children alternating out weekend days and encouraging communication with him and the children weekly; however the entire time he would continually harass and threaten me. He uses marijuana regularly, has not been consistent in paying support for our son and has never gone to court (evades being served all the time) to establish her support for over 4 years now. Both of the children have special needs with Autism. I was putting up with the harassment in person, phone calls, texts, voice mails, etc for several months after we first split. He would repeatedly tell me he didn't want the kids if he couldn't have me and even claimed he wanted to give them up. I continue to let him see the children; until my children kept coming back after just day time visits saying that

Lawyer's Assistant: What steps have you taken? Have you filed any papers in LA family court?

"Daddy is depressed, he cries all the time, and he just wants mommy to let him be with her" He even told our four year old at the time that he wanted her to live with him and his mom and that the brother who was five could stay with me, which he confirmed saying to myself and someone else. I still gave him a chance to see his children and have contact with them for a little while longer; but then he would call 15 to 20 times back to back late at night, while I was at work (times he knew the kids would not be available to talk to him) and continually harassed and threatened me. With his drug habits, partying lifestyle, and unstable mental state; I ceased having him see the kids for a little while urging him to get his life straight. He told me that I couldn't tell him to get his life straight and he could do what he wanted. He has continued to harass me for several more months. I am not sure what I am supposed to do? One minute he says he leaves a vm saying he wants to see his kids and the next he says that if him and i could be friends he would sign the children away like that. He scares me, his behavior has always been up and down and when he told me he wanted to kill himself if he couldn't be with me; I got scared for me and my children. I have been told that I need to file a restraining order and petition the court to have his parental rights removed for the child support lapse and non-payment of the girl ever. I am afraid if I file a restraining order that I will hurt my chances in family court; showing that I'm not willing to work something out or that its my fault he can't see the children and that I am alienating him from the kids. My kids dont understand things like normal kids, so I don't know what to do first sorry so long, its complicated...and I'm poor so affording a lawyer will be a challenge.

Lawyer's Assistant: Have you talked to a lawyer about this yet?

No papers have been filed in Louisiana

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I wanted them to have a relationship with their father, but without him stalking me, harassing me, or having my four year old know the word depressed, or have him too unstable mentally to be around the children in a positive manner. He seems obsessed with me and wont let me go; he is emotionally abusing like he did when we were together/dating. Ironically, he took very little to no interest in the children when we were together off and on unless he wanted money or support for his family he would use the kids to get it. I just want the harassment of me to stop. I want him to get clean; but he is 30 and he has said for years (over 7) that he was clean or would be clean (has ways of beating drug tests at times); but always goes back to crazy behaviors. I fear for my children's physical and emotional well being and honestly my own. There was a man in our town last week who baracaded himself in a home and threatened to kill himself; my first thought was if it was him, because I feel he would harm himself to get my attention or try something like that to get my attention. Thank you

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Answered in 2 minutes by:
3/28/2018
Nisha Jones
Category: Family Law
Satisfied Customers: 3,487
Experience: Managing Attorney at Nisha Jones Law, LLC
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Good morning, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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In order to obtain a protective injunction against him, you'll need to go into the Clerk's Office at your local county courthouse and request the forms for petitioning for a protective injunction.

The clerks usually can help with making sure that your forms are filled out correctly and can help you with getting them filed and a hearing date set.

The children's father will receive notice of the hearing date as well, but if he fails to appear, you can still get the injunction granted by default.

A protective injunction will make it unlawful for him to contact you, or to come near your known place of employment or residence.

With regards ***** ***** child support matter, you may want to consider hiring a family lawyer to try to obtain a child support judgment on your behalf to help cover the cost of care for your children.

You can contact the Louisiana State Bar for a referral to family lawyer in your area.

The phone number is:

(504)(###) ###-####/strong>

I hope that helps!

Please let me know if you have any other questions about this. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

Nisha Jones
Category: Family Law
Satisfied Customers: 3,487
Experience: Managing Attorney at Nisha Jones Law, LLC
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