A set up?

[Lucas A Patterson]

Jurisdiction

Montana

She was angry and put an emergency protection order in place 2 days before we switched our child. We live 11 hours apart and we meet in the middle. She lied and said I was abusive (mentally and physically). I have many who will say otherwise.
She left our child with her grandparents (who live in the middle) and had them call me to ask where I was. I informed them of the protection order. They proceeded to put my 4 year old child on the phone who was devastated I was not there. I'll mention that this is all my child has known since age one. Back and forth from moms to dads every month she does the swich.
Why on earth would she put a protection order on me with the only evidence she stated it that it is by her own belief and then proceed to drop her off in the middle then go home. Without a mention she was going to be bringing her and with no warning. Is this a set up? I think If i go I fear I would be in trouble for receiving my child and if I dont then she will use this as kmental abuse because i left my child feeling abandoned. It was right before a weekend and right before I received the order from the courts they acted as if we were still meeting.

 

[justblue]

She was angry and put an emergency protection order in place 2 days before we switched our child. We live 11 hours apart and we meet in the middle. She lied and said I was abusive (mentally and physically). I have many who will say otherwise.
She left our child with her grandparents (who live in the middle) and had them call me to ask where I was. I informed them of the protection order. They proceeded to put my 4 year old child on the phone who was devastated I was not there. I'll mention that this is all my child has known since age one. Back and forth from moms to dads every month she does the swich.
Why on earth would she put a protection order on me with the only evidence she stated it that it is by her own belief and then proceed to drop her off in the middle then go home. Without a mention she was going to be bringing her and with no warning. Is this a set up? I think If i go I fear I would be in trouble for receiving my child and if I dont then she will use this as kmental abuse because i left my child feeling abandoned. It was right before a weekend and right before I received the order from the courts they acted as if we were still meeting.

Who are listed as protected persons under the EPO?

 

[army judge]

Is this a set up?

Internet strangers residing hundreds, maybe thousands of miles away from both of you have no clue who did what to whom.

If you really wish to sort this out, I suggest you do one of two things:
1) you could simply pay child support and far away from the other adults and the child;

2) hire yourself a lawyer, spend thousands of dollars to simply reap more of what you're reaping, chaos and confusion.

Let's assume you're behaving civilly and the other party is vindictive and wishes to punish YOU, even if the child is punished, too.

All this will do is get worse and worse for for, while harming and scarring YOUR child psychologically for the entirety of her life.

I'm just an old, Texas, country lawyer, not a psychiatrist.

There is nothing the law can do to stop jackballs from ruining lives.

There is something you can do to stop the jackball from ruining your life and depleting your finances, keep to yourself.

I think If i go I fear I would be in trouble for receiving my child and if I dont then she will use this as kmental abuse because i left my child feeling abandoned.

Staying away from your child will do nothing to harm you legally.

There are many things an evil, diabolical maniac can do to harm you; if you continue to play the jackball's nutty game.

It was right before a weekend and right before I received the order from the courts they acted as if we were still meeting.

If you stay away, there is nothing any of the jackballs can do to harm you.

I suggest you consult a lawyer, if you wish to continue visiting the child.

Don't visit the child until you've hired a lawyer, and the exchanges are ordered to be done in a police station or sheriff's station.

I would also instruct the lawyer to have all communications about the child be filtered through TRUSTED third parties.

In the jackball's case, she communicates to her grandparents about the child, who communicate to your brother/sister/mother/etc, who communicates to you.

Reverse that if you wish to communicate to jackball about the child.

Good luck, and practice safe parenting by avoiding jackballs.

 

[mightymoose]

Is the emergency order on behalf of the child, or is it protecting the mother, or both?
Emergency orders typically expire after several days. What is the exiration on what you received? Did you also receive notice of a hearing? If so, attend and explain why there should not be a permanent order.
An attorney will certainly help, but not totally necessary.
Do not fail to show up for any hearing or things will get more complicated. You might call and check with the court clerk where she is located (or wherever the protective order originated from) and find out if there is anything pending.

 

[mightymoose]

An additional thought... If the order is protecting the child you should expect a visit from child services. It is routine... Doesn't mean you have done anything wrong. Most complaints are determined to be unfounded and go nowhere.

 

[Tax Counsel]

There is nothing the law can do to stop jackballs from ruining lives.

That is so true. Don't let the crazies ruin your life — only you can take steps to prevent that. The law doesn't stop them. And along with that, don't let the crazies turn you into one of them. It's too easy to get sucked into battles with these people that you'll never truly win.

 

[Lucas A Patterson]

Is the emergency order on behalf of the child, or is it protecting the mother, or both?
Emergency orders typically expire after several days. What is the exiration on what you received? Did you also receive notice of a hearing? If so, attend and explain why there should not be a permanent order.
An attorney will certainly help, but not totally necessary.
Do not fail to show up for any hearing or things will get more complicated. You might call and check with the court clerk where she is located (or wherever the protective order originated from) and find out if there is anything pending.

It is for the child. There is no date set. Her attorney sent me the documents after her work hours and papers say they are granted so it takes about a week for the court documents reach me in my state. She filed them electronically. There is no expiration provided. Judging by the verbiage its valid untill the hearing date. I've driven the 11 hours for all other court dates and I dont plan on missing any going forward.

An additional thought... If the order is protecting the child you should expect a visit from child services. It is routine... Doesn't mean you have done anything wrong. Most complaints are determined to be unfounded and go nowhere.

I welcome them.

It is for the child. There is no date set. Her attorney sent me the documents after her work hours and papers say they are granted so it takes about a week for the court documents reach me in my state. She filed them electronically. There is no expiration provided. Judging by the verbiage its valid untill the hearing date. I've driven the 11 hours for all other court dates and I dont plan on missing any going forward.

To conclude this thread the opposing attorney stated that the motion was approved and filed by the courts. When I called to verify the following Monday the judges assistant said it was only pending. I stated my reason for the query and also that the attorney has tried to be very tricky with me and so I did receive my child. Before leaving with my child I called again and they had denied the motion. This was in a one hour time period. I then checked my email to find a message from the attorney who did a complete 180 and told me how I really should have read the papers better and then told me what I should watch out for.
I get the tricks and the games but I'm sure there are times when a child is invaulved one must think to themselves what would be right ethically. I will have counsel in a few days and I hope the tables may turn so I can focus on my child and not the petty behavior that has been displayed thus far.
I appreciate all the help that has been given!

 

[leslie82]

She was angry and put an emergency protection order in place 2 days before we switched our child. We live 11 hours apart and we meet in the middle. She lied and said I was abusive (mentally and physically). I have many who will say otherwise.
She left our child with her grandparents (who live in the middle) and had them call me to ask where I was. I informed them of the protection order. They proceeded to put my 4 year old child on the phone who was devastated I was not there. I'll mention that this is all my child has known since age one. Back and forth from moms to dads every month she does the swich.
Why on earth would she put a protection order on me with the only evidence she stated it that it is by her own belief and then proceed to drop her off in the middle then go home. Without a mention she was going to be bringing her and with no warning. Is this a set up? I think If i go I fear I would be in trouble for receiving my child and if I dont then she will use this as kmental abuse because i left my child feeling abandoned. It was right before a weekend and right before I received the order from the courts they acted as if we were still meeting.

Are the grandparents or the child listed on the protection order? If not, then you can go pick up your child. If they are, then no.

I think you need to talk to a lawyer and you may have to modify the parenting time agreement about pick up and drop off while there's a protection order in place.

Is the protection order temporary or a final one? If it's temporary, you get the ability to rebut it.

Go talk to a lawyer. Some do free consultations.

 

[leslie82]

It is for the child. There is no date set. Her attorney sent me the documents after her work hours and papers say they are granted so it takes about a week for the court documents reach me in my state. She filed them electronically. There is no expiration provided. Judging by the verbiage its valid untill the hearing date. I've driven the 11 hours for all other court dates and I dont plan on missing any going forward.

Well if the protection order is on the child, then you shouldn't pick up the kid until you go through with the hearings. Sounds like it's temporary - make sure you go to every hearing. If you miss one to file for a permanent one, you're going to screw yourself.