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Will they really take my son and baby away? Idaho Idaho Idaho

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  • Will they really take my son and baby away? Idaho Idaho Idaho

    I was the "victim" of "domestic violence" earlier this year. I put victim in quotations because it really was equally our fault in letting an argument get out of hand and domestic violence in quotations because there was not actually any physical abuse. I was trying to leave the house and he grabed me from behind to make me stay, he wanted to talk and resolve the issue, but then released me when it was obvious I wanted to go. My fiance called the police because he was worried about where I had gone with our son. They found me and after hearing both sides of the story said they had to arrest my fiance for domestic violence misdemenor battery (he was told that any "unwanted touch" is considered battery). He then later appeared in court and the judge placed a no contact order, unless it had to do with custody over our son. My fiance and I started talking regarding visitation of our son and I learned he voluntarily went to counseling. He felt bad for the situation as did I. We both made mistakes that night and since there was not any physical abuse I feel that the charge against him is too harsh. He and I have decided to get back together and try to be family-we are 2 months pregnant with our second. I want to get the no contact order terminated and I understand I need to file with the court and have a hearing by a judge to do so, but I had been told by a police officer when the charges were first made, that if I got back together with my fiance that the state would take my son away because Idaho does not look kindly on Domestic Violence. The state figures if the woman, as an adult, wants to put herself in an unsafe situation again that is her choice, but a child is too young to choose, so the state makes sure that they are not in a possibly unsafe situation again. I understand why that is in place, but I don't really feel that I was unsafe at any point, I was not physically hurt in anyway. I am affraid to have a hearing in front of a judge to have the no contact order terminated because they will then know that we are in contact and then will have reason to take my son and unborn baby once it is born. Will they really take my son and baby?

  • #2
    Ok so you violated a no contact order!? Were there any previous incidents or have ther ebeen any (no matter how small) since? Your violation of court order will not look well upon you.
    http://www.parentnook.com/forum/

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    • #3
      You'll likely get to keep your child, but your babies' daddy is likely going to jail for violating the order.
      Please no private messages about your situation.

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      • #4
        There was not any prior incidents, nor has there been any since.

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        • #5
          Originally posted by inneedofadvice View Post
          There was not any prior incidents, nor has there been any since.
          It doesn't matter. He violated a no contact order, and the courts have PROOF that he violated it. Keep it up and you WILL lose your kids.

          Do you think that the law is a JOKE?
          Please no private messages about your situation.

          Comment


          • #6
            Originally posted by moburkes View Post
            It doesn't matter. He violated a no contact order, and the courts have PROOF that he violated it. Keep it up and you WILL lose your kids.

            Do you think that the law is a JOKE?
            The real question is: Were there bruises on you and did he actually hit you? If not, then this may be an over sensitive case which has been occurring lately to counter-balance the fact that most abused women will not admit to being abused. Sit down with yourself first, think hard, did he actually hit you? Nobody ever deserves to be hit or belittled or told that they can not leave. Once you are truthful with yourself, then be truthful with the courts.

            They aren't going to take away children from a one-time incident, they will if they see the children were put in harms way.

            Comment

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