False restraining order/ child custody and alimony

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Re: False restraining order/ child custody and alimony

Postby GA_DevastatedDad » Thu Dec 29, 2011 1:20 am

Thank you for bringing that up. How do I get the evidence entered in? can I just tell the judge when I get there or do I have to file something. and how can i or can i get discovery on what evidence she used hmm maybe this question is in the wrong place.

I do have one more last thing to add. My wife felt threaten enough to go get a TPO but then two days later started calling my mom telling her that I needed to come there to get my vehicle or she would have it towed. and I needed to come now.
Last edited by GA_DevastatedDad on Thu Dec 29, 2011 1:42 am, edited 1 time in total.
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Re: False restraining order/ child custody and alimony

Postby defaultuser » Thu Dec 29, 2011 1:25 am

You get evidence entered by following the rules of evidence in your state / local court system. Don't know what that is? Hire an attorney who has actually passed the bar in your state, or read the rules of evidence. Alternately, you could role the dice and show up with your evidence (bring at least 3 copies of everything), and try and get it admitted.

Good luck...
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Re: False restraining order/ child custody and alimony

Postby GA_DevastatedDad » Thu Dec 29, 2011 2:15 am

I don't understand this system at all she makes almost $80,000 a year and can afford a lawyer yet Legal services won't help me because they said they would have to take her case since she filed the case with the help of the crisis hotline. and I wish I could fine a pro bono lawyer here in Macon GA. for family law ..I don't think one exists here. and for the record she took the TPO out on December 21st I was served on the 27th the date of the hearing is for January 6th
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Re: False restraining order/ child custody and alimony

Postby Fatheroffour » Thu Dec 29, 2011 8:30 am

You won't find any pro bono attorneys but you may find attorneys doing pro bono work. It's a recommendation by the state bar, which you may want to contact concerning their Pro Bono Project.
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Re: False restraining order/ child custody and alimony

Postby blueTexas » Thu Dec 29, 2011 9:24 am

In situations where there is a significant differential in finances between divorcing couples, sometimes the court can direct the wealthier person to pay for the other's lawyer in order to prevent steamrolling. I believe that doesn't apply to TRO cases though.
I concur, you should skip rent to pay a lawyer. Make the most of your interviews.
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Re: False restraining order/ child custody and alimony

Postby needluck » Thu Dec 29, 2011 7:46 pm

I'm in GA too, and I hate to break it to you, but most likely you are screwed. My STBX filed a restraining order on me back in March a week after I told her that I was filing for a divorce. I still have not seen the inside of that house to collect my belongings.

Take the advise on this board and hope for the best. It has been my experience thus far the courts serve only as a weapon for women, even at the determent of children.
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Re: False restraining order/ child custody and alimony

Postby needluck » Thu Dec 29, 2011 7:58 pm

DevastatedDad wrote:Thank you for bringing that up. How do I get the evidence entered in? can I just tell the judge when I get there or do I have to file something. and how can i or can i get discovery on what evidence she used hmm maybe this question is in the wrong place.

I do have one more last thing to add. My wife felt threaten enough to go get a TPO but then two days later started calling my mom telling her that I needed to come there to get my vehicle or she would have it towed. and I needed to come now.



It sounds like a trap. You will find that the courts will put you in loose, loose situations over and over again.

Short version: My STBX filed contempt charges against me for missing one child support payment, which I promptly paid. We agreed as part of the settlement that she would drop the contempt order. She did not. She calls the police on me at every exchange of the children. So, when I missed court anticipating that she had dropped the case I was served with a warrant for missing court. She then documented my not coming to get the kids, which she said she had to have the police at to 'feel safe.' Thus, my new lawyer advised me not to see my kids because jail was not worth it.

This was over a month ago. My lawyer and her lawyer just talked her into 'dropping the warrant.' I hope to see my kids in the next few days.

To make matters worse she is now claiming that I have 'refused to see the kids for over a month.' Don't know how it will affect me in the long-term, but the way the system has worked thus far most likely the judge will see it her way.

See, if you show up to pick-up the truck you are in contempt and risk jail. If you don't she will have it towed at your expense. Either way you loose.

That story I told you is more detailed, but we don't have a few pages. And it is only the latest example-not the harshest example. I just want you to understand what you are up against. You need to start getting prepared NOW! The system is set up that men can literally end up in jail because of a divorce.
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Re: False restraining order/ child custody and alimony

Postby GA_DevastatedDad » Fri Dec 30, 2011 12:24 pm

thanks BLUETEXAS and NEEDLUCK and CAPSLOCK AND FOF thank you all for your assistance in this matter. I am still working tirelessly on attaining a lawyer lawyer. I would skip the rent like you guy say but I am already a month behind so if i skip I will be served fairly quickly and my wife would jump at the chance to say I couldn't provided a place for my son to live. I do have another question though at this RO hearing the judge is going to decide custody right... will this Be binding even once we go through divorce court... because at this moment there is only this restraining order that has been filed. No legal separation or divorce petition has been filed
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Re: False restraining order/ child custody and alimony

Postby Fatheroffour » Fri Dec 30, 2011 12:36 pm

The judge will rule on the issue before him. That being the appropriateness of extending the RO.

Custody isn't the issue directly in question, though the ruling could have great impact down the line.
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Re: False restraining order/ child custody and alimony

Postby GA_DevastatedDad » Fri Dec 30, 2011 1:43 pm

okay this is a Family Violence Ex parte protective order. but what it does is keep me away from my son even though I am the main person involed with him in school and after school. It bans me from the school and all that she says that i am a threat to him but in it I only see one accusation of me abusing her in front of him. of course this is a lie but still she makes this claim. in the petition. The thing is even though the judge granted this temporary protective order for ten days until we go to court. he still ordered that my visitations rights be restricted to have the child from Sunday until tuesday until the court day comes . that being said when we go to court isnt he then going to award some one custoday because my position is that i had custody of the child he lived with me the majority of the time so he should make a ruling seeing that he took custody from me when granted the order. he won't just drop the RO order completely, and not rule on who has custody will hewill he?
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