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California restraing order

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  • California restraing order

    Hello, I am seeking advice on behalf of my brother. He and his wife are currently separated, he is a recovering addict, she is a current meth abuser, there is a history of minor domestic abuse, and they have a seven year old child.

    The child has been living with him for the past three weeks (both parents felt this was in her best interest since the mother lives in a "drug house" and he lives at home with our mother). Yesterday he went to court because of a domestic dispute (she called the police and said he kicked her) and was told there would be a year long restraining order from his wife. He is fine with that.

    Today however, his wife, her mother (a sheriff) and a police officer showed up and they have a restraining order for her and the child. My brother tried to explain to the officer that if they tested her she would come back dirty (she did meth yesterday) and he was scared for his daughter to be at the drug house.

    Of course, his wife denied all of that, and said she is living with HER mother (since today maybe) and the complaint was full of lies about him beating her and etc...

    I guess my question is can he do anything prior to the court date to fight these false allegations? Since it is more than likely a lie where his daughter is living, can he protect her somehow? He would rather see her in foster care than molested in that horrible house (when she visits her mother they collect her urine as well).

    Any advice on this awful situation would be great. Neither parent is a great one, my brother just happens to be the lesser of two evils. Thanks.

  • #2
    The child needs to be turned over to sober foster parents.
    “Be not niggardly of what costs thee nothing, as courtesy, counsel, & countenance.”

    --Benjamin Franklin


    • #3
      We have thought so for quite some time, but everytime social services investigates, apparently there is not a strong enough case. I have personally called them on more than one occasion, as have other family members. I am not sure what more to do.


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