My question involves criminal law for the state of:California
My question involves criminal law for the state of:California
You will need to provide a wee bit more information.
Why was your ex arrested? (on what charges?)
Why did he file a TRO against you? What has he alleged you have done to put him in fear for his safety? Is there still a court date coming up down the road?
Does he live in the county where the TRO was filed?
My ex was arrested and charged with Corporal injury to spouse. Second charge cruelty to child by endangering health. A CPO was issued; she has constantly broken it by third party since it was issued. My ex is an attorney. She then filed a domestic violence claim against me falsely in the county in which she lives, and practices law. In that county the judge refused to see any of the charges from the other county. And without any proof of any abuse to her and our children, they gave me supervised visits and her physical custody, until they can sort out who is telling the truth. The next court date in my county for her criminal hearing is June 21st. She keeps having third parties contact me, and the children are unsafe with her. There was an EPO issued, and the children were tobe put in my care. She had her family hide the children, and then went to court and had the order resinded. Her claims in the new court are that I'm was trying to take the children from her; but I was trying to follow the EPO. She has twisted it, and told lies about where I live stating that it is a health risk. She has gone further to traumatize the children that were present( and hurt by my ex. and she said thats what i get when the baby hit the ground) to tell them that since I am no longer present in the home , to call me only by my first name, not Daddy. She also locked me out of my business account, and website, blocking all income for me, and will not release the passwords. I am now penniless, and cannot afford an attorney. and don't know where to begin to get help. She is angry that I left, and am now in another relationship. That's what sparked her 45 minute drive to my home with intentions to attack my new girlfriend, but she ended up attacking me. I need help she is revictimizing me, and the police don't want to make reports because she is trying to sue them for arresting her. And now they aren't making reports on her many violations.
I assume you and your child are the victims?
Have these violations been reported? Even if reported, third party violations can sometimes be difficult to prove.A CPO was issued; she has constantly broken it by third party since it was issued.
Do you have an attorney? You need one. In domestic cases the side WITH an attorney will almost always prevail against an opponent without one.In that county the judge refused to see any of the charges from the other county. And without any proof of any abuse to her and our children, they gave me supervised visits and her physical custody, until they can sort out who is telling the truth.
And understand that the other county's Family Court may not be entirely aware of the accusations against your Ex - at least until you have a hearing on the matter where your attorney can raise these issues.
What do these third parties do or say? Who are they?She keeps having third parties contact me, and the children are unsafe with her.
And why are the children "unsafe" with her?
You wrote that the court issued a CPO. An EPO lasts for only 5 business days, and no more than 7 calendar days so no one had to get it dropped, they only had to wait. That was to give YOU time to get a TRO of your own. But, from what you qrote the court issued a criminal protective order on its own - which is common on felony DV cases.There was an EPO issued, and the children were tobe put in my care. She had her family hide the children, and then went to court and had the order resinded.
Did the court issued CPO address the issue of the children?
All of this can be addressed in court. You should also file for legal separation/divorce to start getting the power of the court to release some of these accounts.She also locked me out of my business account, and website, blocking all income for me, and will not release the passwords.
Speak to an attorney. If she has money, they can get the money at the other end. If you do NOT get an attorney, you can expect her to prevail at most everything she pulls.I am now penniless, and cannot afford an attorney.
If the police are not making reports, it is likely because there is nothing to report. The individual officers are not going to care that someone may have filed a claim against the city. They just aren't.I need help she is revictimizing me, and the police don't want to make reports because she is trying to sue them for arresting her. And now they aren't making reports on her many violations.
Yes, the middle child and I were the victims in the county I live in, and on the CPO.
In the other county my ex claimed that her and our oldest child and youngest child were abused by me.
I have been calling the police, and have a few incident report numbers. I also gave a copy of the violations to the DA.(facebook posts, trackers placed on my phone)
I do not have an attorney; and cannot afford one as I now have no money. I've tried all of the low income programs in my county, and they are unable to help me. I am now trying to find a lawyer on contingency, or a payment plan.
The third parties have been her twin sister she served papers, and delivered 3 messages from my ex. The CPO states that she can only have a process server serve me, or her attorney of record.( The DA let me know that the service broke the CPO) She also sent my middle child's godmother to deliver a message on Mother's Day that they were going to do something special for my deceased mother( which she has never done). On a seperate note she had a marraige counselor appointed so that we can meet to work on the marraige which I just want to divorce. This same Pastor called me and told me not to go against her, and don't file in court. I should just go along and give into what she wants. Basically, don't testify against her. This same pastor is the one that according to paperwork my ex filed, testified that she was the better parent, and had the children not added to the CPO.
I filed for divorce in my countyin April. But she filed legal seperation in her county on June 6th; after being served on June 5th with the divorce paperwork from my county.