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  #1  
Old 07-12-2011, 09:40 PM
pleasehelp00 pleasehelp00 is offline
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Default Do we have a case? please help

The following incident occurred the end of March this year. A police report was filed, and I filed for and an injunction against harassment. The officer told me at the time due to the lack of witnesses that we could not press charges. I filed the injunction with hopes it would cause the child's father to wake up and change his ways.

The father came during the scheduled pick up time to pick up the child from the mother. I left the home because of past issues and unneeded problems the father. I waited roughly two blocks from the home out of site on a side street in my car.

The father picked up the child and went a new direction passing my car. The father saw me, then called the child's mother telling her he was going back to the site to kill me. The mother urged him not to. The was leaving the site where I had been and the father sped head on at me locking up the brakes at the last minute, with the child in the car. He got out the the car, so I locked my doors. He pounded on the window yelling at me to get out of the car. I remained in the car while he pounded on the window. He left after several minutes of this. He then sped the car again at me swerving at the last minute again. He then called the mother begging her to lie for him about the incident and broke down crying in fear of the consequences of possibly going to jail.

After he was served with the injunction, he appealed. During the appeal I presented the evidence I had of the report and other incidents. He did not fight or dispute the allegations. He only fought to try and remove. Having his guns taken away and the words domestic violence off the injunction because the child was in the car.

My question is does the court records of the injunction serve as evidence to make it so we have a case now. This is about more than this issue. The father has committed many other acts and something has to change, but I am not naive about the judicial system.

Thank you for your help.
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  #2  
Old 07-13-2011, 12:18 PM
aardvarc aardvarc is offline
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What documentation or evidence is there of the "many other acts"? Are there witnesses other than you and the mother? If police didn't find probable cause to make an arrest or file a capias (request for warrant), then the fact that a judge later issued a restraining order won't change that. The burden of proof is MUCH lower to get a restraining order than for the "probable cause" needed for arrest, and many many times lower than needed for a criminal conviction ("beyond a reasonable doubt").

If there is some history of similar or other troubling acts, especially if the child has been involved in any of them, mom needs to be seeking to modify custody, asking for visitation to be supervised in light of dad's willingness to put the child in the middle of things like this (because again, the burden of proof to get that change ordered isn't anywhere near the level needed for an arrest).
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  #3  
Old 07-17-2011, 05:03 PM
moderator moderator is offline
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I agree with Aardvarc. Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html and http://resources.lawinfo.com/en/index.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.
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