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extended restraining order

Discussion in 'Juvenile Crime, Law & Court' started by sloane, Jul 1, 2016.

  1. sloane

    sloane Law Topic Starter New Member

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    Is Qunicy out there?

    Here is our story.

    2015 17 yr old girlfriend's mother files an RO on my 17 yr old son.
    Their affidavit was a full of lies, let lawyer know that we wanted to fight it. Our lawyer siad that it wouldnt matter, as Judges usually will award them the RO as long as she states she doesnt feel safe.

    He stated if he stays away, the RO will be up in a year and then it will be over.

    Okay, we will take your advice.

    The end

    since the RO was in place, there have been 7 false allegations for him breaking the RO. He also turned 18.

    With ever court date, he was always found 'not guilty', they never had any evidence of any of the violations, including the police coming to our home with a search warrant saying that my son distributed her nude photo she sent to him, and that it was considered 'distribution of child porn'.

    His laptop, cellphone, have all been searched, instagram was also subpoenaed and there was NO photos of his ex GF on anything.

    Again, SEVEN false allegations. These kids dont even live in the same town.

    So the year was up and we went to get the RO removed last week and the exGF mother was there. (mind you the GF never shows.)
    and she was asking for a lifetime RO.

    So we had to go back to court yesterday. The judge that was on the case, couldn't hear it so he sent another judge in.

    After 20 minutes, the judge ruled an extension for one more year because he just went with the original affidavit the mother wrote and that my son never went in that day to fight it, regardless of what our lawyer told us. OUr lawyer explained to the judge, by not showing up doesnt mean he was guilty, just that they were okay with the RO.

    He is 18 now. So he is back to not leaving the house for fear of being arrested.

    Here is my question.

    Do we have any recourse? Our NEW lawyer stated that he was shocked the judge made that ruling. Our lawyer then talked to their lawyer after court.

    He told us that the parentsdont even necessarily believe their daughter but they are going to support her regardeless.

    She has a history of mental health isses.

    So now we are just waiting for this girl to make another false allegation that she saw him and now that my son is no longer a minor, this can get pretty ugly.

    Is there anything legally that we can do?

    We are thinking of moving out of state togo live with my parents, to get him out of here. Plus, we cant afford all these legal fees fighting these false allegations. But then if she makes another claim, we have to pay for planefare to fight them. Which will be more money then a lawyer.

    We really dont know what to do. If we move and she makes false allegations, can we say he is out of state or do they require him to show regardlessof where he is?

    The whole time with all these false allegations, shouldnt they have some sort of proof that he actually did these things? Before dragging him into court to defend himself?

    I just dont understand the legal system. The judge wouldnt even let us tell our side of the story, he just let the mom state how fearful the girl was, and that was enough.

    What would you do?
     
  2. army judge

    army judge Super Moderator

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    I suggest to all of my clients not to fight any order of protection.
    I suggest that people simply obey the order.
    These days, technology can be used to prove a person was on 3rd Street @ Main St., rather than 4411 Loser Lane, as the troublemaker claimed.

    You can buy him a Go-Pro camera, body camera, one of those alert monitors sold to senior citizens, or tracking him by cellphone.

    Technology is helpful in these cases.

    You can even rent an ankle monitor from any companies to prove his whereabouts 24/6/365!

    Frankly, why not send the kid away to community college at his grandmother's, an aunt's home, or in another state?
    He'd be learning, our of harm's way, and only a few people would know his true whereabouts.
    That way, he'd be the only one moving.
    Pops and moms could stay right where you are.

    Good luck.
     
  3. sloane

    sloane Law Topic Starter New Member

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    Thanks for the ideas, I will look into the ankle bracelet.

    He actually still is in high school. We had to move him from one high school to another due the RO.

    After 7 false allegations, is there anything he can do? It just doesnt seem right that someone can just file false charges against someone with no proof.

    Once the RO is in place, does the defendant lose all right and all power to the person who placed it?

    We are in search of another lawyer because this lawyer, appeared to be good at the beginning, ended up caving when he got in front of the judge.

    I could of put together a better case then two lawyers we had thus far.
     
  4. army judge

    army judge Super Moderator

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    A restraining order means NOTHING if you obey it.
    The smart play is stay at least one mile away from the other party at all times.
    If by accident he should see the other party in a Walmart, for example, he should simply leave the store IMMEDIATELY.
    A retraining order has meaning if the person restrained desires to confront the other party, otherwise, its like mom or dad telling Bobby to leave Jimmy alone.
     
  5. sloane

    sloane Law Topic Starter New Member

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    Hi amy,

    My son, since the 1st RO was in place, has not been near her at all.

    However, we didnt count on her making false allegations of him breaking the RO. So far, there has been 7 allegations and one had to go to trial. She has been lying and playing Victim.

    There are never any witnesses to these alleged sightingsof my son. Even though she claims she saw him when she was at school or with friends. No one sees what she sees.

    The last one, was she claimed she was on her friends Ipad at school and my sons picture showed up. So they went to the cops and filed a violation that my son, somehow knew she borrowed her friends computer, turned it on, and hacked into it to send a pic of himself. While he was at school on top of that.

    But yet, here we go, off to the police to go in for questioning. This last one was just dropped.

    We have been dealt with 7 of these false sighting of my son.

    Since all of this, my son has been hospitalized for cutting, he has been so depressed and anxious. He was given medication for depression and anxiety. he is unable to work for fear she might see him, he wont leave the home, wont get a drivers license for fear she will say he drove near her house.

    When the RO was up, they were asking for a lifetime RO because there daughter is in fear of him. However, she posts her selfies all over instagram and facebook. How scared can she be. The day of court, the parents stated she couldnt come to court due to her disability and anxiety disorder, but she had no problem posting selfies of herself and commenting while my son was sitting in front of judge.

    The judge would not allow us to speak on how our son was doing. they only allowed the girls parents to speak.It wasnt fair but the judge did rule in her favor to allow another year. We were floored.

    So here we are, just waiting for another false allegation.
     

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