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What do I do about this? Delaware

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  • What do I do about this? Delaware

    Here is my situation. Me and my son's mother came to an agreement before the New Castle County police for visitation after not seeing my son for 3weeks, on the 23rd of Aug. 4hrs later she was in court filing a P.F.A against me with an ex-parte. The ex parte was denied so she perposaly went to her brothers house; who is State Police jurisdicition and had no idea of the current alligations reported to New Castle County police that where denied, and had her brother call from his home phone number blocking the number and leave a harassing statement on her voice mail. She then called the State Police and filed a warrent for my arrest stating it was my voice. The next morning I went to pick up my son as agreed and was arrested on charges for harassement. I have obtained a legal document from her cell phone provider via a subpeana, that used caller unblock service which shows the number that blocked itself on the date and time she stated. And shure enough it's her brothers home phone number. What can I do about this?
    As well I had to concent to a P.F.A order due to a response to alliagtions that my son wasn't mine, and threats she had left me, and her brother and family harrasing me, all becouse I used the f-bomb a little to frecuntaly. I know have a motion to vacate, showing that I did not understand what I was agreeing to and that sence then she has been stalking me, calling me, haveing people harass me, and even had people pull guns on me, threating me to stay away, and not attempt to follow through with seeing my son. Do you think I have a chance to have the P.F.A removed? I attend all the court ordered programs and even the councilers don't see me as any threat. I have a lawyer but I feel like I'm not being taken to seriously. Does anyone have any advice?

    AfathersFight

  • #2
    You have proof that the phone call the PFA order was based on was made from brother's home?

    Surely your atty has more than enough, what with this phone call and her pattern of behavior (which is documented) to have this order vacated.

    Yes, I think you have a good case to have this vacated. Tell your atty to do his job. It's not even a hard one.
    HOOK 'EM HORNS!!!
    How do you catch a very rare rabbit?
    (unique up on him)
    How do catch an ordinary rabbit?
    (same way)

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    • #3
      Thanks for your help, here's more info

      Actually the proof I have is for an alligation made on Aug 23rd for a Harrassement charge she made against me. She played a tape of a cell phone response made on Aug 10th where I'm replying to her brother calling me threating me and her sending me an email stating her family can have me dealt with and I 'd never see him again. I will not deny that I used the f-word alot and did in fact call her some names. But when listening to the tape clearly, I state that her brother was calling my house threating me, she emailed me a threat, she stated my son wasn't mine, and that she was seeing someone for 3yrs and my son isn't even three yet. When she was asked to play the tape in court the judge being a female then asked my lawyer "so are you ready to sign a consent?" My lawyer said all it will do is order me to stay away from her and her to stay away from me. I figured thats exactually what I wanted, so I signed it. Then the judge orders me to take Domestic Intervention Counciling. I am currentaly going to counciling for probation for a drug charge about a year ago. I have been clean 4mths, go to all my meetings, and do as I'm supposed to required by the state. I don't understand why I need to take this class becouse in no way am I abusive. Granted I use the f-bomb alot but who doesn't? But the pattern she used is still there.
      Aug 23rd around 11:30am -Both agreed to visitation before New Castle County police which is written in police report. She also asks about harrassement Officer says she doesn't have real proof, even with the Aug 10th, phone call.
      Aug 23rd around 4:30pm -She files a P.F.A order with an emergancy ex-parte, ex-parte is denied by 6pm.
      Aug 23rd around 8pm- She has brother call cell phone blocking number and leaving harrassing message descising voice.-I subpeana'd cell phone provider for proof using caller unblock service. Lawyer has this info
      Aug 23rd around 9pm -She calls state police who have no idea county is handling case, and files a warrent for my arrest.
      Aug 24th around 7am- I go to pick up son as agreed. She doesn't show, I call New castle county police, they tell me to wait. As I wait a black Honda pulls up a white male pulls a gun on me and says" you'll never see your son again",
      I put car in drive and lead a high speed chaice back to my mothers house. Car pulls off somewhere before. Police arrive after calling them in a panic, arrest me for a warrent. I go to jail.

      Does that make more sence? Let me know what you think and thank you so much for your help. I'm just trying so hard to stay strong and see my son. But at the same time I want justice to be served. With the type of evidence I can provide what kind of trouble can she get into? I mean is there any charges for what she did?

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      • #4
        Also, file charges against the brother for harrassment... of your ex. He did make the call after all.

        Oh, and sue him for slander.
        Not everything that makes you mad, sad or uncomfortable is legally actionable.

        I am not now nor ever was an attorney.

        Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

        Comment


        • #5
          Thank you

          Should I file a civil lawsuit against them both before or after the Motion to vacate the P.F.A order?

          Comment


          • #6
            What a "B"

            Based on your version of events if true, several things to consider and do.
            1 Fire your lawyer! He is obviously over his head. Given consideration to the evidence your have, one would assume you are in position to prove her as being vindictive and having malicious. If there is no truthful reason you should not have your children, you should not be just filing for visitation. Louisiana laws are strange when compared to other parts of the country, but you do have rights.
            you need to know more about the law and not expect your lawyer to do it all. You need to manage your own case, as a lawyer is employed by you and should answer to you. On the other side of things, a citizen can get as much justice as he can afford. This statement is very true and where your x-wife is beating you to death. Because she is the accuser her services are for the most part free. Only when you go on the offensive is she in need of acquiring a lawyer of her own. The cost to you will be enormous either way to keep fighting her. Sooner than later, your freedom will be at stake, if not already, unless you change tactics. Think of divorce and custody wars as a chess game. Right now, it appears she is continuously putting you in check and chasing you around the board. You have more power (evidence) on your side.
            Use it, before game over or give up now, before it gets uglier for you.

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            • #7
              Why do you feel the need to dig up old posts just to rant?

              Comment


              • #8
                Take a flyin ....

                Originally posted by FlyinHawk View Post
                Why do you feel the need to dig up old posts just to rant?
                Question, how long does it take for things to go through the legal process?

                By the time it goes to a lawyer, gets filed and gets on the docket, often continued, especially in family law situations, it is several months to a year before all is said and done. Sometimes even longer depending on the situation.

                Your question is what? Your response to the OP is what? Who came here just to rant? Were you forced to read? Take yourself on a flyin leap and splat yourself all over the pavement, because I don't give a flyin F what you have to say.
                You are obviously here just to agitate.

                Comment


                • #9
                  You didn't care what I had to say, yet felt compelled to respond.

                  Comment


                  • #10
                    You'd better give a flying fig about what the moderators have to say.

                    DO NOT RESPOND TO DEAD POSTS.

                    Got it?
                    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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