Wrongful protection from abuse
Hello, I live in the state of Pennsylvania. I was in an 11 year lesbian relationship with my girlfriend, we have a 5 year old daughter together who was conceived through artificial insemination. We have since seperated and I am trying to go through the courts for visitation rights,The ex is no longer allowing me to see my daughter. Tonight she text messaged me and ask me to meet her at a coffee shop ,I thought to discuss about my daughter, Upon arriving there she was there with a friend of hers..they started accusing me of having something to with with my ex's car getting scratched and a rock getting thrown through her window... These incidents did occur to my exes property.. approximately in october or november of last year.When they occured the first time I was at home and the rock through the window incident I was at a restuarant/pub having drinks and dinner with co-workers..My ex called me immediately after the incident and myself plus 2 of my co-workers immediately went to her house,cleaned up the glass and boarded up the window.I stayed at her house for several weeks at this time as I was concered for their safety. So to make a long story short while at coffee shop these incidents where brought up and i was accused of having something to do with them. Things got a little heated,we argued in the coffee shop. I told her that she needed to get an atty because i was done playing her games and that I was taking her to court to be able to have rights to our daughter(she is the bio mom) Upon arriving home from the coffee shop I received a phone call from the police seargent stating that a protection from abuse was being filed against me. My question is..can she just do this..is it legal..there is absolutely no abuse going on..raised voices is all. It is her way of making sure i can not have contact with my daughter.Is there anything I can do about this.HELP Please
Re: Wrongful protection from abuse
The order you were served with (or will be) should include instructions on how to challenge it. There is usually a limited amount of time to register a challenge. If you do not yet have the order, the advice is the same: Consult a lawyer for help in challenging the order. Particularly given that you wish to make a chid visitation case, it's important to take action, and this is a strong warning that your ex- will be taking a "no holds barred" approach to fighting any visitation petition you file.
Re: Wrongful protection from abuse
I am unsure of what you mean by the no holds barred. Is this unfounded protection from abuse in my favor or against me as far as the courts go for visitation?Will the courts take a look at her and that she is doing everything in her power to keep me from having a relationship with our daughter?
Re: Wrongful protection from abuse
"No holds barred".
Your difficulty comes if the court believes her, or decides to play it safe by 'protecting the child' from a potentially violent ex-. So I again suggest you consult a lawyer for help.
Re: Wrongful protection from abuse
This is a interesting situation. Out of curiousity are you helping with the support of your daughter?