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Illinois Untrue statment law?

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  • Illinois Untrue statment law?

    I had my sons mother file a false Emergency Order of Protection DV on me a couple weeks ago and was wondering if anyone has sue for cost and damage and won?

    On average I would get my son 4 to 5 days a week and sometimes the whole week. About two weeks ago when I picked him up from school on a monday, note that the weekend before was her first time she had him all weekend in almost a year. He had a slight cough, so I gave him some Pedia Care cough and cold.

    The next day the same thing. On the third day I pick him up from school and took him out to eat then he went to his moms and still had the cold. The fourth day I went to pick him up from school and one of the aids told me he did not come to school because he was sick. I tried to call his mom but her prepaid cellphone was shut off. On the fourth day we had a bad ice strom and I called the school from work to see if his parent teacher conference was canceled. They told me it was and that he was out sick for a second day.

    So I try and call her cell phone again and it still shut off. So I called her sister to find if she knew what was happening, come to find out that her sister has my son and he's been running a high fever for the last two days. I ask if he had seen a doctor and she told me that him and his older brother were both sick and my sons mom stay home the day before but did not take them to see a doctor. I told her I was leaving work early(working an hour away from home) to pick him up and take him to the emergency room.

    Half way home I get a call from my sons mom say not to pick him up because she was going to take him once she got off work. I told her that she had him for two days with a high fever and did pretty much nothing about it and I was still picking him up and taking him and he would spend the night. She said that she would call the police and have them take him back(is this the actions of a mother concered about her child? Not!). I told her to do what you have to because I going to take him know matter what.

    So I pick him up 4:40pm and took him to the emergency room only to find out he has broncitis. That was about 5:30pm. About 10:45pm my door bell starts ringing like crazy, It the police! 10:45pm at night! She told the cops that I picked him up and that after I did she could not get ahold of me to get him back. They explain to me that since there is no court order on custody and we were never married that the mother has all the right's. I explained the whole events that happen, how he's had a high fever and she didn't take him to see a doctor. They actuly made some calls to check to see if the law was correct and had a supervisor stop by to confirm it. After it was confirmed I told them that it was 11:30pm and my son was very sick and in bed and it was in his best intrest to stay were he at and she had five hour to do this and waited to long. They agreed and ask her to let him stay for those reasons and she agreed.

    The next day i'm served with this Order of Protection and she claimed I abused her on the phone and called her names in front of my son. Kind of impossible because when this all happen I was at work! And that she called me when I was at the emergency room and I told her that I was not giving him back and she would have to go to the courts to get him back. Which never happen! Plus she filed for Custody and support. Which is kind of funny because I had him for the majorityof the time for the last five years and bought all his needs.

    Now I can only see him every other weekend which is pretty much killing me until I can get a 50/50 vistation order. Went to court for the Order of Protection and her lawyer wanted to vacate it, I my lawyer went along with it even tho we had all the info to prove she lied her *** off. Now I still have this in my file for the custody case and my lawyer acts like it's know big deal.

    Anyone know a **** good laywer in Northren Illinois? One who will fight for the father?
    Last edited by RLP; 03-07-2006, 12:39 AM.

  • #2
    Tables turned

    Fileing a false complaint was wrong( Ever hear the story the boy who cried wolf ) Well for this very reason Men and Women alike have a hard time getting the law and court's to believing them.This kind of action hurt's other's that truly need help,-----------------------------------------------Now to answer your question,we all can see you love your son and think alot about him.You asked is there Attorney's that can help you.YES if you feel your attorney is not doing his/her job.The answer to your question is a simple one.Pick up your local telephone book and find a few more attorney's and go talk to them.Then you be the judge and pick the right one for you and your son.In order to turn the table's around all depend's on you.Good luck on your quest

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    • #3
      Well the kicker is that she is a Clerk for the courts. And no one seem to care at the court house that she is filing false OP's while working. I did start looking today for a more aggressive lawyer that won't tell me all I can get is every other weekend.
      Last edited by RLP; 03-07-2006, 05:40 PM.

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      • #4
        That's a start

        You are on the right track.And it's a pity people play game's with the law,I dont know the reason's behind it.I only know other's suffer and other's yet to come for those action's.
        Last edited by wing chun; 03-07-2006, 02:55 PM. Reason: retracted info

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        • #5
          Found a great site for illinois cases. The site is IllinoisProBono.Org It has some good lawyer tranning videos that can give you a good idea of what to expect with a number of topics. Enjoy!

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          • #6
            Well, get another attorney. I suspect he says it is not a big deal because they agreed to withdraw it, but I think you have the paper trail on the illness and the mother's failure to get the kid medical care. I suggest that you file for custody and seek sole physical custody. I think that you may want to consider filing charges against her for making a false police report as the police can get cell phone records to see if she called, which you know she did not. If you get custody, I suggest that you move as far away as possible because otherwise you will always have problems. This is a bad situation for the child.

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