I have a protective order against my ex forbidding him from any contact from myself as well as our child. Will this affect visitation for him when we go to court? Will the judge grant him visitation or does the protective order supercede the standard visitation rights?
09-22-2004, 04:49 PM
I am sorry to hear about your situation; I hope that you will find the strength to hold on and keep your head up.
Stick to your guns (no pun intended) about the personal protective order. If you ever feel like you are in danger, do not hesitate to call police. Also, please get in touch with your local domestic violence hotlines; they can help in many ways, including counseling, safe houses, etc. You may also be able to talk to your local district attorney's office (the same place that you filed the PPO), and let them know that he continues to threaten you.
In terms of the prescription medication; while it is ethically wrong, I wouldn't worry about it too much (especially since it's not a narcotic). The most important thing is that you want to tell the truth if you are ever asked about it; lying can only make matters worse. We all make mistakes.
One question: does your ex have any kind of custody or visitation privileges?
The most important advice that I give everyone is to DOCUMENT, DOCUMENT, DOCUMENT - put everything in writing! Make sure you write down dates, times, what was said by who, etc. - it is vitally important if and when any kind of case goes to trial.
Good luck to you, and be safe!
09-22-2004, 07:54 PM
No, he has no visitation and hopefully the PPO will keep that from happening. He is so angry because the Attorney General recently filed for paternity and child support and I got a protective order; I'm tired of living in fear. He is trying to blackmale me, as he has always done, because he knows I couldn't potentially get into trouble, so he tries to control me using that against me. Not anymore. He thinks if he holds that over my head that I will stip the PPO and paternity/CS hearing.
09-23-2004, 02:46 PM
I strongly suggest that you contact Legal Aid of Northwest Texas. Legal aid can be found at: http://www.lanwt.org. You need the services of an attorney who can advise you on your situation. Good luck.
04-07-2005, 03:14 AM
I'm sorry to hear about your situation. It's a good thing you have a protective order. There are two penalties for violation of a protective order. In the Penal Code, Violation of protective order or magistrate's order, is punishable as a Class A Misdemeanor (up to one year imprisonment and a fine not to exceed $4, 000.00). Also, a person violating a protective order may be punished for Contempt of Court by a fine of up to $500.00 or up to six months in jail. If any of the requirements of the order are violated, call 911 immediately. All peace officers in the state of Texas are required to arrest without warrant all persons who the peace officer believes to have violated this order, even if the offense is not committed in the presence of that officer.
In regards to your labor, decisions like that are very dangerous. I'm glad everything is okay and you're on track for a Masters. Just for your knowledge, "calling in" a prescription under another patient's name is Forging or Altering Prescription. The offense is only a Class B Misdemeanor. However, depending on which prescription you ordered, other offenses such as Fraud may be addressed.
These laws can be referenced in the Health and Safety Code.
I hope I answered your questions! Good luck...
05-28-2005, 09:11 AM
I think I answered another post of yours. Try a no contact order that is permanent, not just a retraining order to stay physically away from you. Try to put this behind you and move on. Maybe even physically move when your schooling is over to another part of the country or a community he has no ties or contact with. Good luck.
05-28-2005, 09:42 AM
I did get a permanent protective order in September that will last 2 years. He cannot come within a certain distance of myself and our child or he will be automatically arrested. He cannot carry a firearm or he will be put in jail although I have heard he continues to do so...... you know he has to carry a gun for those drug deals that might go bad! :rolleyes: One of his other 3 partners in crime (they were arrested for participationg in organized criminal activity) was sentenced to 20 years in prison for thier lilttle "business". I'm hoping I won't have to deal with visitation, but I was wondering if the judge would grant him visitation despite the Protective Order and everything that's against him? They can't get him served anyway because he is dodging service, so I am hoping it isn't an issue before he goes to jail! I am wanting to terminate rights once he is in prison.
Any other words of wisdom?
Oh, and as soon as I graduate-I am so outta here. I already have plans to move out of state and live by close friends and other family members.