When my wife first threatened me on his behalf in June, I filed an incident report with the Sheriff. I wanted a paper trail. When she threatened me again, I filed another one (I went to the Sheriff’s station to do this).
So, at the beginning of the month, when he did hit me, I had not only the police report from the battery, but two threats made two months earlier to substantiate the danger. I had pictures taken immediately afterwards, and paid a visit to the doctor who wrote up a nice report.
Document the fear of physical violence. The penal code considers fear “force”, and therefore by creating an environment of fear, I think you have an argument for harassment.
If he has a criminal record, what is it for? If it is a violent crime, you are the children’s father and you have the right to express concern about their well being. If the judge refuses your request, ask the judge to recuse themself. That throws them, it basically says that they have to admit that they can’t hear the case. Most judges’ egos won’t let that happen, so they may reconsider. I actually did it with an appellate court judge on a panel of three. And he left!
I can’t stress it enough, document everything. And where and when possible, have a third party document as well, because that lends clout.
My question is this: How were you able to get a restraining order? you didn’t say anything about violence or threats against you, tried to do that here in San Diego, and was told, my requests were being denied because i had not been threatened recently. My children are living in San Bernadino with a convicted felon, and the roughest part of time.
My life has been threatened, only relayed to me by my wife. I have since been granted supervised visits in “HIS TERRITORY” in San Bernadino.
I fear for my life. I have purchased a bullet proof vest, and now carry pepper spray. I would love to have this man removed from my children’s life, but no one takes me seriously. Please help me…A desperate father who is frustrated!
I am representing myself here in California (it’s called Pro Per here), as I have in all civil cases in the past. Today, I was granted a three year restraining order against my wife’s boyfriend that not only keeps him away from me, but my kids (even if they are with her) and my cars (even the one she drives).
If you study the codes of civil procedure, talk to some of the free assistance folks, you can actually run rings around attorneys! In court this morning, this clown threw papers at me, yelled at the judge, said I was a con man and knew how to manipulate the court (which brought a big smile to the judge’s face). He tried to tell the judge that I have stolen $400,000 (dang, where did it go?), and that I haven’t had a job in three years (where am I driving to then?).
My wife is all upset at me for upsetting the poor fellow (awwww), but she even warned him not to go to court against me without an attorney. But he is convinced that since I don’t have a degree in law, that he is smarter than me, and I am an idiot. Well, the “idiot” just screwed up his life, and the judge even stated that she felt he was unstable.
I read through the information you sent yesterday and found it very interesting. It is the kind of information I have searched the interent for and been unable to find.
I guess my question (I could not find a reference in yesterdays info) is whether or not a gift or inheritance can be calimed as earnings, or whether it can even be made relevant asx an issue toward child support.
I thought I had read something last year about it being applied toward child support, but I’ll be dogged if I can remember where I read it at.
My ex and I make approximately the same in income in the state of Indiana. She is attempting to raise my child support. I have our two boys one half of each week throughout the summer, with a full ten days in the middle for vacations.
During the school year, I have the boys every weekend from Friday to Sunday for six weeks, then have them Mon-Wed for six weeks, but not for overnights on the Mon-Wed schedule because my ex feels “they should be home on school nights”. As if I live in a cave with a dragon or something….laughs…
I have reason to believe my ex has recently came into some money, i.e. an inheritance or gift.
Is that something that she would have to claim as income?
I was laid off three months ago. Now I have two offers – one is local and the other would require my son and I to relocate from PA to Mass. My son and I could live on the wages of the PA job but only if I stop paying alimony.
If I have to keep paying it, then I lose money every month. The job in Mass. pays almost twice the money so we could live well on it and STILL pay alimony. I plan on sending my ex a letter explaining to her that if she is willing to give me a notarized letter saying that she no longer wants the alimony money, then we’ll stay where we are. If I don’t get the letter then we’ll have to move away.
My issue is this: eventually this letter would come to the attention of the courts. Will the courts see it as an attempt to “blackmail” the “poor little ex-wife” or will they see it for what it really is – an attempt to provide for my son and keep him closer to her. Any thoughts on how you think the court will react?