I work for DFCS in Child Protective Services. I am a mandated reporter of child abuse. For three years now I have dealt with my uncle neglecting his very young children, my parents have cared for these children as my uncle and his wife are on drugs and do not provide adequate food, clothing, shelter, or supervision to these kids. Medical neglect is also very evident as they do not have the chidlren on medicaid or any insurance adn my parents have to take the kids to the doctor and pay for the medicine. My uncle has even taken the meds back to the pharmacy and gotten the cash back. It is my own fault for not reporting this neglect until now, but each time something "major" would happen law enforcement would come out, I assumed they would report the abuse/neglect of the children, therefore I would not have to, and could remain in good standing with my crack head uncle, and he would allow me to still see the children and make sure they are okay.

The county in which my uncle lives has ignorant law enforcement that tend to turn their heads when they respond to my uncles house on Domestic violence calls, or when he is arrested for harassment or neighbors, and firearm charges. When I have confronted my uncle on neglecting and even possible abuse of the children, he has said if I call DFCS he will leave the state and I will not get to see the children any longer.
I finally had enough this past week, and called the local DFCS office to report the drug use, and medical neglect and other neglect issues. This happened on Wednesday, I reported as a mandated reporter. My parents also went to the Sheriff's department to speak with the sheriff, a deputy sheriff took my father to my uncles home to check on the children, he knows of all the allegations, and even admitted they have been watching my uncle for drug issues.

I payed for the 7 year old to attend soccer this year. I attend every single game, my uncle (her father) has attended 3 of the 12 so far. When he found out (by a friend of his who is a deputy) that I called DFCS about the drug issues he went to the Magistrate Judge on Friday to take out a restraining order on me due to a message I left him on Thursday when my aunt told me that he told the 7 year old that I would not be coming to her games anymore or getting her on the weekends because I do not love her anymore since I am 7 months pregnant and need to care for my own child. (Yes this man would hurt his own child emotionally this way) I get these children ages 7 and 22 months every weekend and sometimes on Wed-Fri while he and his wife have no job and are on drugs.
The message only stated that he had no right to tell that child I would not be seeing her anymore because i didnt want her, and that I have not called DFCS on him for a very long time only because he allowed me to provide clothes and food to her, and only because he let me make sure they were okay, but since he has gotten his tax money back and went on a drug binge, and will not take her to the doctor to have her checked out since she has made allegations of being sexually abused by someone, that I did call DFCS and let them know what is going on, the reason I did it is because I love those children, and I want to make sure they are taken care of, and he needs to be responsible. THat is all I said, I said nothing threatening. I did not curse, I did not raise my voice. Point blank, that is all I said.
This being a small town, the Magistrate judge knows that me and my parents take care of thses kids, and provide for them, as in times when he has issued warrants on my uncle, I have picked the kids up from the courthouse. MY family has continued to get my uncle out of trouble and be there for his defense.BUT NOT ME. The judge knows this.
So when my uncle went in for a restraining order against me to keep me from coming to the soccer games, the judge did not issue it, however he did issue a "No Contact Order" on me on Friday, and waited until today (Sunday) to call and tell me that he has some paperwork he will send me to sign, and informed me that he is so sorry, and he had no choice but to issue the order. I just do not understand this! How can a judge do this? Doesn't he have to have me served or something? I am not signing anything, I do not even live in the county he is the magistrate for! He is very two faced, and actually said that he knows my uncle is wrong for this, and he knows those kids are being used, and that they are being hurt by this. I know he is just playing both sides, and doing whatever he can to appease my uncle because it is election time, and last year my uncle campaigned for the sheriff and actually drove over 50 people to vote for the candidate he was backing, he is a well known druggie in the county and they know he has a lot of pull...therefore they are trying to appease him and i really feel it is all for votes!
My question is, what basis does my uncle have for getting a "no contact" order like this? and is this the same as a restraining order? My STATE job requires that if any protective orders or restraining orders are issued against me that I have to report it to my Director.
I have done nothing wrong, and have proof that my uncle has been arrested on drug charges and terroristic threats, everything I reported as a mandated reporter is true and can be proven. How can he get a no contact order on me to stop me from attending a public arena for the game and seeing the child if she tries to talk to me?

I can see how this would be both heartbreaking and very frustrating for you. The sad fact is, that parents can pretty much legally keep ANYONE away from their children via a restraining order (yes, same as a no contact order) - even if the parent is a drug user, domestic violence abuser, felon, etc. The process on such orders generally has a court issuing a temporary order, then the respondent (you) gets notified of a hearing (can take several weeks), and after THAT hearing, the order can generally be ordered to be in place (usually for a year in such cases, but different time frames are possible).

Now with that said, here's a possible scenario:

If the judge in question knows that the kids are in a bad place, and the parent has filed for this order, what better way to let you have a say than to let the temporary order stand for a few days, and get everyone concerned into court to tell what they know?

If reporting via local law enforcement isn't getting anywhere, call your courthouse and find out how to contact the Guardian Ad Litem - someone independent from law enforcement who can assist in looking out for the best interest of the child. Talk with them ASAP - BEFORE you get noticed for the no contact hearing. They will know your local politics and players, avenues to pursue, and which wheels to grease in what order to try to improve the lives of the kids.

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