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On Monday, June 21, 2010, my boyfriends ex (Hayley) kicked…

On Monday, June 21, 2010...
On Monday, June 21, 2010, my boyfriends ex (Hayley) kicked me in front of her children and her family. The detailed story is that they are still married but have been in the divorce process for over 8 months now. About 4 – 4 ½ months ago they awarded him (my boyfriend- Travis) temporary shared custody of the children.Travis gets the kids Monday and Tuesday after work (4:30pm) until 8pm. On Monday the children typically stay at their maternal great-grandparents (Myrna and Herb). I have a close relationship with my Hayley’s family. Most of them don’t talk to her anymore because she has tried everything to keep the kids from Travis, and if they disagree with what she is doing she tries to keep them from the kids as well, which is why on Monday she chose to come get them instead of letting them stay with the great-grandparents. When she came to get the children she was VERY angry that the 3 year old daughter was still in the swimming pool with my Travis and I. She began to yell and her grandmother (Myrna) asked her to please just let the children play a little longer because they were having fun. Hayley then told her grandmother to “shut the ‘F’ up”. That’s when I jumped in and told her she needed to calm down and leave Myrna alone. She continued to scream and yell and cuss in front of the children while I made comments back to her, but never yelling or cussing back at her. She ended then by kicking me in the elbow while I had myself propped up with my elbows on the side of the pool. I jumped out of the pool and called the Sheriff. They came out, took statements from us 4 adults- Travis, both great-grandparents, and I. They filed charges, and said it would go to the district attorney and they would determine what to do from there. After this all happened the great-grandparents called Hayley’s mother to tell her what happened and she said that on Sunday (the day before all of this) Hayley hit her mom in the face and split her lip open in front of both children. My question is, can the district attorney chose to not file a warrant and arrest her for this and if so can I get my own lawyer and try to get her punished for this. I’m afraid they will see she has nothing on her record and let this go, but its not that nothing has happened, she’s hit Travis many times in front of the kids, hit her mom on Sunday, as well as when she beat her with a phone in front of the kids, and then kicking me in front of the kids too- it’s just that nobody has ever done anything about it. My boyfriend’s lawyer is drawing up paperwork to call for an emergency hearing for him to get temporary primary residential placement of the children. The 12 year old child (boy) has told us and the police officer who showed up that night that he is afraid of his mother. If they don’t continue the charges in the assault and battery/disorderly conduct case what can I do so they will press the charges and arrest her? She needs to learn her lesson, and a slap on the wrist won’t do it.
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Answered in 6 minutes by:
6/25/2010
Ellen
Ellen, Lawyer, Consultant
Category: Legal
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
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Hello,

I am the JustAnswer expert that will be helping you today. I am a lawyer with 25 years experience. Although I am not your attorney, I hope that I can give you helpful legal information.

You and all of Hayley's family may consider obtaining a temporary restraining order (TRO) based on fear of physical harm.

You will need to go to the local courthouse to obtain the TRO. The clerk will give you the forms and assist you. The judge will immediately sign the TRO if the forms on their face appear that you are in reasonable fear of harm

The filing fee for the TRO may be waived based on need. The sheriff will serve her promptly after the judge signs the orders. After service, if she contacts you, you may have her arrested.

There will be a hearing at a later date to extend the TRO

I hope that the information which I provided was helpful to you.


Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.


Thank you,
FLAandNYLAWYER
Ellen
Ellen, Lawyer, Consultant
Category: Legal
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Customer reply replied 8 years ago

I'm not in fear that she will hurt me. My greater fear is for the children. I don't necessarily want a restraining order because that complicates the drop off and pick up process of children if I have to leave. I want her arrested for the initial act of assault. I mean they filed assault and battery charges and I want them to stick.

Sorry I was not clear. The father, grandmother or great grandmother should include the children in the TRO application. She appears to be very violent and family violence directed toward another person is dangerous for the children present
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Customer reply replied 8 years ago
Can he file that if at this point she has temporary primary residential placement? Or will he have to wait and see if he is awarded that next week?

he should do it immediately since the children are in obvious danger
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