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Protective Order Utah

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  • Protective Order Utah

    I have a very urgent situation. I had a child with a girl who is in foster care and a few months ago we got into a fight over parenting, she spent $5000.00 we saved up in less than a month, and she was sleeping around.

    Prior to those events we both went to Court to get a civil no-contact order between us lifted, for the benefit of our son. However, when her juvenile caseworker saw her, she took the mother into a private room. During the hearing the caseworker told the judge the mother and I had been in contact, and we were admonished by the court. Immediately after the hearing the mother called me crying, asking me to flee the country with her and our son, to escape foster care. She said her caseworker threatened to throw her in detention and put our son in foster care if the mother refused to admit contacting me; and, went further to say "if you support him being a dad will will petition to have our custody and parental rights to your son terminated (DCFS has never had any custdy, rights, or juridiction over our son).

    We got into a verbal argument over her irresponsible behavior and she said I would never see our son again, I then sought a lawyer, who told me to go for custody of our son (who is not in foster care). Two days later, after the mom found out, she (not DCFS) got a Protective Order against me in District Court. I fought it, but due to my priors (due to our relationship), I was looked down on by the commissioner. Mostly she said that because the mother and I repeated violated the no-contact order of the juvenile court, it was apprently not strong enough to make us obey, so she approved the protective order.

    Also the mother had attacked me once before, upon which I was listed as the victim, but had defended myself - that happend months before and I never got charged and refused to file against the mom. However, that incident did come up to the commissioner and she viewed it as I was the older of us both, and a guy, that I need not defend myself and viewed my action as domestic violence to further support the protective order. I even submitted police reports over the last year - none of which listed me as a prepetrator of any violence, only as a wittness or as a victim.

    I went as far as filing a case against myself with Child Support Services to establish paternity and child support so I could have legal standing as a parent. At that point her guardian, the Utah State Division of Child and Family Services, stepped in and made numerous threats. They have attempted everything to put me in jail, even making misrepresentations to both District and Juvenile Courts.

    Even after the Protective Order was issued, the mother contacted me repeatedly. She stated she was sorry, and wanted to take it off me, but that when she mentioned it to her caseworker she was threatened again - and DCFS was very angry with her. The mother will be 18 in November 2008, and is obtaining an apartment, and eventual emancipation, within the next thirty days. She has stated I will still be a dad when this is all over, and the protective order would come off once she had her own place to call home for her and our little boy - but that she could not risk it by taking it off sooner. Last time we saw eachother was very recent.

    Sometime in the middle of all this, we were e-mailing eachother. She got scared and told the staff at her dormatory - they reported it to the caseworker. The caseworker then reported the contact to the police. The detective took my statement, but did not arrest me and no warrants are issued. The detective also took the mothers statement, which she made on my behalf, requesting no action because she is the petitioner and did not make the report.

    The Assitant Attorney General for DCFS has stated that she is representing both DCFS and the mother; however, the mother has not given her implied consent. Also the agenda of DCFS is also in opposition to the wants of their so-called client, the mother. This also goes for the Parentage and Custody case in Juvenile Court, they have even gotten the legal mother excused from all future hearings, eventhough she shows up anyways too see what is going to happen - but is too fearful to oppose them. The mother has also told me if I put her on the stand in either case, and come out with the truth about our contact and her wishes, and it causes her too lose our son - she will make me wish I was never born.

    So, I am in a delimma! DCFS is unlawfully influencing the mother and violating her constutional right as the sole legal parent by threatening her to comply with their agenda. I even attempted to get a restraining order for her through the district court, but that judge refused to hear the application because he said juvenile court had jurisdiction - he now the judge who will NOW be hearing criminal charges against me for vilation of that protective order. What do I do? Can I do anything to stop DCFS and protect mine and the mother's rights as parents, and protect the unity of our family?

    The detective even said he was on our side, but DCFS filed a complaint with the DA about there being no arrest, and pressed the issue for charges to be filed. How can this be hapening when she wants me in her and our son's life, but DCFS has her too scared to tell the truth and defy her caseworker by getting the protective order taken off. She calls me and crys about it, but I'm going to be going to jail for trying to be a good dad.

    Please help our family, any advise would be great... I cant believe our justice system allows this stuff to happen.