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  1. #1
    Join Date
    Apr 2013
    Location
    Fargo, North Dakota, United States
    Posts
    2

    Default How Many Welfare Checks Are Permissible

    My question involves police conduct in the State of: North Dakota

    Hi, I could really use some advice. My wife was removed from my home last year in March for assault. I filed for divorce and was granted full custody of my two little girls during the interim order and full custody permanently this past February. Back in March when my wife was arrested, there was a protection put in place on my behalf. She violated this 3 times and was found guilty of assault and these violations. She also moved to Maine in September and did not return until 3 weeks ago. Just wanted to give a backdrop. The current issue is that she has been requesting child well fare checks almost monthly for the past year. Besides being embarrassing, it's ruining my reputation to the point that my neighbors no longer even talk to me. I'm sure they must think I am some sort of criminal with all the police visits I have. Sometimes I get lucky and the officer is aware of my wife's history, while other times, I have to recount the most difficult part of my life to get them caught up. I allowed GAL and social service visits for half a year during the divorce to prove that as a male, I was more than capable of raising my daughters. I just want to get past this. Is there anything I can do? The police claim it's not harassment.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,878

    Default Re: How Many Welfare Checks Are Permissible

    The police are simply responding to a call for service. Whether they must conduct the check or not depends on state law. I doubt there is a state law mandating a check, but it tends to be far easier to check and find that nothing is wrong that it is NOT to check and then learn that a child is injured.

    Some agencies here will only conduct these checks when there is some articulated reason to believe the child might be at risk, and just saying that there has been no goodnight phone call is not enough. Further, people have been prosecuted for violating restraining orders through unfounded calls to the police. Unfortunately, many people then learn to make those calls anonymously and then the police still tend to respond.

    The bottom line is that you may have little recourse unless the police decide that mom can be charged with a crime of some kind. Or, perhaps you can seek a court order (restraining order, condition of custody, something) that restricts the circumstances under which she can make these calls. If there is still a restraining order in place and prohibits harassment, then you might want to seek enforcement of this through the court ... provided her checks are groundless.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  3. #3
    Join Date
    Apr 2013
    Location
    Fargo, North Dakota, United States
    Posts
    2

    Default Re: How Many Welfare Checks Are Permissible

    Sadly, the criminal courts agreed to drop the protection order because she had promised that she intended to return to Maine. The custody order does however, restrict her from any contact with the girls outside of this supervised center and does not provide her with any specific duration or schedule for these visits. She is schizophrenic and very much a danger to the girls. She used to make bogus claims, but more recently she has been simply asking for a general check without making any allegations. This is always in response to my refusals to meet with her (by email). I have never had a single concern raised during any of these police visits, but like I said, it's getting to be kind of a nightmare and more or less makes me feel like some sort of criminal. I just want to return to normality and raise my children.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,878

    Default Re: How Many Welfare Checks Are Permissible

    For the most part, this is likely to be an agency policy thing. You can always bring your concerns up to the administration of the local police department, but they may feel they have little flexibility in responding to these particular types of calls for service.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

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