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  1. #1
    Join Date
    Oct 2014
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    1

    Default TRO Hearing Based on a False Accusation of Domestic Violence

    My question involves restraining orders in the State of: California

    In 2007 my ex-girlfriend assaulted me and a passerby called 911. I filed for a restraining order in October of 2013 and was denied. The following Month when I was at work she overdoses in my bedroom and my 23mo old child was left roaming around freely. In January of 2014 another assault occurred but she left before police came. She has yet to clear this up. In May of 2014 she again assaulted me and picked up another DV case. In the same month, she was caught with a meth pipe in her purse and arrested. I have all the documentation to go along with my statements. In September 2014 she falsely accuses me of battery. We share physical and legal custody, but his primary residence is with me. The last time I saw him he had just tumbled down five concrete steps. His face was bruised; he lost weight and was sick. His mother does not live with me has never bonded with him and has never even brushed his teeth. He does not respond to her and pulls away when she tries. I have tried to get her help, but it is very short lived. She has been off her prescribed ADHD meds foe the last 4 years and has no patience for my son. I have a TRO hearing coming up, I have eye witnesses and her statements are all false. She has never called the police on me for anything and I have never been charged with DV. I am a single father who raised four young adults and all are in college. She has two active DV's misdemeanors and a paraphernalia (meth pipe in purse) charge. My son has been with me since birth and I am the main caretaker. He is in a healthy stable environment, we share a tight bond, I feed and clothe him and he is never unsupervised. Could there be an intervention of sorts that would allow him to come back to his home while she clears up her charges? CPS cleared me on day one.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: TRO Hearing Based on a False Accusation of Domestic Violence

    Quote Quoting help2014
    View Post
    I have a TRO hearing coming up, I have eye witnesses and her statements are all false.
    Do you have a lawyer? If not, it is sensible to get one.
    Quote Quoting help2014
    Could there be an intervention of sorts that would allow him to come back to his home while she clears up her charges? CPS cleared me on day one.
    You need to provide context here. Are we to guess that there is an emergency order in effect that prevents you from having contact with the child? Issued by a criminal court? By the family court?

    Your post suggests that the issue would be domestic violence against your ex-, but you chose not to tell us anything about the actual report except "She has never called the police on me for anything and I have never been charged with DV". Should we guess from your statement about CPS that this is not a domestic violence report involving your ex-, but is a child abuse report based upon the injuries your son suffered while falling down the stairs?

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