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Old 03-29-2012, 01:51 PM
 
102 posts, read 147,281 times
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I dont know if this is the corret forum to post this in, but hoping for anyone with good advi will respond

My daughters best friend recently had her boyfriend put in jail for domestic violence. He has beat her up on many occassions. This last time she left and took her son to live with my daughter.

Yesterday the dirt bag calls her and says she has to hand over their son because he has put a restraining order on her for domestic violence and that she can not be around the baby also. This guy has went to jail for drugs and domestic violence many, many times, and there is no record of it. The only thing that I could find is traffic violations.

Any suggestions on what she can do to prevent such a sad out come fof her son being taken away for a woman trying to exscape her abuser and move on with her life.
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Old 03-29-2012, 01:54 PM
 
26,142 posts, read 31,197,348 times
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Yeah, get an attorney asap.
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Old 03-29-2012, 03:31 PM
 
Location: Up above the world so high!
45,217 posts, read 100,764,332 times
Reputation: 40200
Quote:
Originally Posted by THANKGOODNESSIMFABULOUS View Post
I dont know if this is the corret forum to post this in, but hoping for anyone with good advi will respond

My daughters best friend recently had her boyfriend put in jail for domestic violence. He has beat her up on many occassions. This last time she left and took her son to live with my daughter.

Yesterday the dirt bag calls her and says she has to hand over their son because he has put a restraining order on her for domestic violence and that she can not be around the baby also. This guy has went to jail for drugs and domestic violence many, many times, and there is no record of it. The only thing that I could find is traffic violations.

Any suggestions on what she can do to prevent such a sad out come fof her son being taken away for a woman trying to exscape her abuser and move on with her life.
This young woman needs professional help, not internet help I'm afraid.

Have her contact the nearest battered women's shelter and get some experts in the field to give her the guidance she needs.

Also encourage her to find a lawyer.
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Old 03-29-2012, 03:41 PM
 
Location: Long Island, NY
7,841 posts, read 13,242,257 times
Reputation: 9247
Quote:
Originally Posted by THANKGOODNESSIMFABULOUS View Post
I dont know if this is the corret forum to post this in, but hoping for anyone with good advi will respond

My daughters best friend recently had her boyfriend put in jail for domestic violence. He has beat her up on many occassions. This last time she left and took her son to live with my daughter.

Yesterday the dirt bag calls her and says she has to hand over their son because he has put a restraining order on her for domestic violence and that she can not be around the baby also. This guy has went to jail for drugs and domestic violence many, many times, and there is no record of it. The only thing that I could find is traffic violations.

Any suggestions on what she can do to prevent such a sad out come fof her son being taken away for a woman trying to exscape her abuser and move on with her life.
I'm curious-if he's in jail, how is he issuing a restraining order and why does he think he would get his son? Sadly, the child may end up in foster care because given this guy's record, he won't get custody.

As for his records, not everything is public knowledge. If he's in fact been charged and convicted, you should be able to find something but if charges were dropped, you won't find any records. How did you publicly find traffic violations? This woman needs a good lawyer. I wish her the best.
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Old 03-29-2012, 03:43 PM
 
Location: New Jersey
12,322 posts, read 17,142,898 times
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Default Can't offer legal advice...

But it's further proof: Many times, Hell is other people.

Nuff said!
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Old 03-29-2012, 04:22 PM
 
4,862 posts, read 7,967,037 times
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He called your daughters home? Well if that's the case I would advise my daughter to have the friend make other arrangements. As the guy has a history of violence and jail isn't a big issues with him what's to stop him from coming over to your daughters home and acting up and then she is involved and God knows what can happen?

The friend chose the man and the friend chose to have a child with this man so it's her responsibility to clean it up. Helping someone is one thing but it's another to bring issues to your home and the potential of being put in harms way. IMO which really means not much I would jsut flat out tell my daughter to have her make other arrangements because now it's too close to home.
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Old 03-29-2012, 05:08 PM
 
13,768 posts, read 38,213,545 times
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I agree she needs to call the Battered womens shelter. They will help her. I suspect he is just trying to scare her. If he did infact get a restraining order it is for him and I doubt it applies for the baby. She would have to get the order first. That is a police thing and the police can not tell her to give him the baby. What might happen is DCS will get involved to decide who did what to whom.
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Old 04-05-2012, 10:35 AM
 
102 posts, read 147,281 times
Reputation: 98
Thank you everyone for the advise. No he is not currenlty close to home. But I have told my daughter that I understand that she wants to help her friend. but the friend should get other help that my daughter can not give. Especially counseling because she keeps going back to her abuser.
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Old 04-05-2012, 11:22 AM
 
1,206 posts, read 1,739,342 times
Reputation: 974
Default Once a beater, always a beater.

It's another way of trying to control her. Had the police found evidence to charge both parties with domestic violence, they would've taken both of them to jail. But, who's the one in jail? He is. So, he's the one who has the temporary restraining order against him, which is enforced by the court as soon as he sees the judge (and he has to see the judge to be released). He is the suspect. So, he doesn't have the right to take action against anyone, but himself. And, with that said, he's not even legally aloud to talk to her. In doing so, he may be violating his restraining order, which will bring more charges on him. Any attempts made by him, to contact her directly, should be immediately refused, and reported to police. Especially if he's making threats of ANY kind. If she really wants to protect herself and keep her child, she better stay away from that monster.

Last edited by Just1Fan; 04-05-2012 at 11:33 AM..
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Old 04-05-2012, 11:54 AM
 
1,206 posts, read 1,739,342 times
Reputation: 974
Quote:
Originally Posted by THANKGOODNESSIMFABULOUS View Post
she keeps going back to her abuser.
Wait a minute here. If she has been through this before, with him, there's a chance that she's been charged for domestic violence (against him), in the past. Do you know if there's any truth to this? Because, any past domestic charges against her (filed by him) would've made him a victim and gives him a good reason to take custody of the child. Although I doubt any judge would allow him sole custody, do to his present domestic violence charges. Assuming they have both been charged with a domestic, at some point, the child would more than likely go to a relative or foster home. But, she currently has custody, so I don't see anything changing that. Lastly, she should talk to (or retain) legal counsel, in the form of a lawyer. Because, a person who represents themselves in court, has a fool for an attorney.
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