False restraining order/ child custody and alimony

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Re: False restraining order/ child custody and alimony

Postby capslock » Wed Dec 28, 2011 10:36 pm

it sounds like you may have the evidence necessary for vindication. I hope you can get the help you need in time. this is about the most important time in your life. you have nothing or nobody?
maybe someone that knows the procedures and could teach you remotely in one week exists here or somewhere else as fof suggests.
you need to take a vacation from work and teach yourself this week if you plan to do things yourself and can not find other help.
...or I could be wrong.
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Re: False restraining order/ child custody and alimony

Postby Fatheroffour » Wed Dec 28, 2011 10:40 pm

You found bullets, a receipt for a firearm and a suicide note in your sons closet so you called DFCS on your wife?

There has got to be more to that story, not that I am asking.


Regardless, the biggest issue you face today is getting the RO dismissed. If not, it will have a profound impact on any custody case you currently have hopes of putting forth.

Here is a pretty good article on the subject. There is also quite a bit on this site. Do some searches.

You may want to consider spending the rent money on an attorney to make sure you are able to get your evidence against this RO entered into the record.
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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 capslock » Thu Dec 29, 2011 1:52 am

how can i or can i get discovery on what evidence she used hmm maybe this question is in the wrong place


too late for this to happen before next week.

trust us. get a lawyer. FOF brings up the perfect point- you lose the RO hearing and you lose custody.
get an attorney. borrow the money. come up with $2500 to 3k and you should be able to get an attorney to help you through the hearing. get out your list of friends and call them all. post on facebook. ask your boss for an advance. call your long lost aunt. surely you have friends. start calling them all. sell something. if you have a real case, set up 4 appointments with attorneys to interview on monday and tuesday. glean whatever info you can from them and beg them to take you on and let you pay them off, take you on pro bono, whatever. You need help. Don't give up.
...or I could be wrong.
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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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