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What Do we do at Restraining Order Hearing???

spittenfire's picture

So DH go a restraining order against BM's boyfriend. The hearing is next wednesday. SS has a GAL appointed. So does anyone know what DH as the petitioner for protected child is supposed to do? We really can not afford a lawyer for this as we have a lawyer for a child modification case that is going on in a different county. Are we supposed to supenoa the witness that interviewed SS regarding boyfriend hitting him in the face? Anyone have experience with this?

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spittenfire's picture

BM told principal the morning after ss was hit that "SS might be distraught today he witnessed a fight between me and Boyfriend last night". So principal will be the first person we supenoa

Principal reported to counselor who talked to SS. SS told counselor all about the fight and that when he was trying to pull his mom away from Boyfriend that boyfriend backhanded him. So school counselor is the second witness

(we need to call them to prove that this was being stated before DH was aware...BM and Boyfriend are trying to state it is a vindicication thing because our family law judge did not grant and immediate transfer of Custody filed in another county a month ago) They dont realize that the school was the one that hotlined them.

Statements were made from SS to Childrens Division worker about this as well.
SS then told DH the same story.

BM admitted to CPS worker that she was going to get a Restraining Order.....she never did.

DH just found out today that the day before all this happened that BM went to the county sherriffs office to file charges. After hearing BM story the detective encouraged her to go to courthouse immediatley for Restraining Order as the courthouse was about to close and BM never came back to file the charges. The Detective did make a report of BM complaint and the fact that she did not return. BM never did say anything about SS getting hit but the Detective noted a bruise on BM forehead and marks on her neck.

SS statement to everyone has been "Boyfriend had my mom down on the ground choking her, i tried to pull her away and Boyfriend hit me on the cheek with the back of his hand so i ran away"

So his statement, with the noted marks on the neck cooberates his story.
So that officer will be supenoaed as well.

We just do not know how this will work....the Boyfriend has a lawyer and there is a GAL (the same one that is appointed in the custody case) appointed to step son..... we dont want to get a lawyer for ourselves so just trying to get a feel for what to expect!

step off already's picture

DH filed on his own for the RO against BM. We consulted with a paralegal also. DH also had friends and family write letters to the judge stating what they've seen BM do to DH.