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How do I handle a false accusation on a protection order designed to keep me away from my child?

Customer (name blocked for privacy)

Status: Closed Value: $15

Is there a hearing set in order to determine if the temporary order should become permanent?

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Reply to LegalEagle, LLC's Post: Yes the end of this month. She was due to have our baby today. The protection order was issued yesterday afternoon and I got a visit from the police this morning because somebody called in a report that they saw me running down the street she is staying at with a gun in my hand and I not only have no gun but I have no means of transportation. I was at work until 7pm when a co-worker dropped me off at my apartnemt. I am pretty certain that it is her friends who called the report in and I'm very certain they are doing this so they can move her out of state with our son. At this point I do not want to loose our child, I'm willing to stay friends with her. As much as I love her I'm willing to let her go, but I shouldn't have to loose my son. And I would prefer she wouldn't keep him around her friends who party(drink and do drugs, and have sex with each other, and smoke cigarrettes and pot around her). I'm so stunned with the Protection order and the fact that the police where at my door this morning that I'm affraid I don't know what to do. And having the police at my house this morning made me late for work which if it continues will put my job in jeopardy especially since 2 weeks ago I was moved into management. The position her friend was in, but lost it because he wasn't doing his job and I was more qualified for the position. Is there any way I can keep her from taking our child out of the state once he is born(that is if she didn't have him today)? I'm affraid that if she decides to leave the state I will never see my son again.

Edited by Customer (name blocked for privacy) on May 16 2006 at 7:40 PM

You need to hire and attorney immediately. The attorney can file an emergency restraining order preventing her from removing the baby from the State and also possibly getting an exception from the protective order issued against you so you can go to the hospital and see your baby once it's born. This is one of those times in life that, even if you cannot afford it, you need to secure an agressive attorney to protect your rights. Beg and borrow from friends, but you may only get this one chance to be a father to this child, don't let her cheat you out of this opportunity.

Best wishes and good luck.

Reply to LegalEagle, LLC's Post: Thank you and I do agree any recommendations on securing a good attorney? I know of friends who have secured attorneys in the past and paid lots of money for bad information. Is there any way to avoid this?

Word of mouth is generally the best recommendation for local attorneys. Others who are similarly situated can usually tell you who will and who will not be a fighter. You can also check online with services such as www.lawyers.com and other legal sites to see who is listed in your area. You may also want to describe your situation and see how close the attorney's proposed plan of action matches our plan of action. I know if you lived near us, we could get you in court and secure your parental rights. Look for someone who has a direct and affirmative plan, early on, that protects your rights.

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