Can I Get a Civil Harassment Order Against My Kids Stepmother?
Question by The Bride: Can i get a civil harassment order against my kids stepmother?
Here is some background before I ask my question:
I have one child from a previous relationship. My exboyfriend and I were never -ever- married. My son lives with him most of the time but we share joint legal custody (and I legally have physical custody but the schools in my area are bad so I sent him to live with his dad recently but haven’t changed the court order yet) My ex and I get along for the most part no real fighting between us because we both really love our son, he’s awesome just as sweet as can be and very very smart so we have to work together to get him a good education and so that he grows up to be as adjusted as possible.
I am now married to someone else, my son has a great relationship with my husband . My ex got married to someone else but it’s always been my suspension that she was jealous of me for some reason. (I found out recently that she can’t have kids so I think that’s what it is) I’ve never had a problem with her even though I always thought she secretly hated me. She was good to my son so that’s all that mattered. That is until She and my Ex broke up. They are in a really really nasty divorce and she decided to do the unthinkable.
She called the police on my ex on my kids birthday (on his 10th birthday) she told the cops that my ex was violent and had guns. My kid will forever remember that. The police were required by law to let CPS know but CPS didn’t want to get involved.
So she took matters into her own hands when she realized that calling the police wasn’t enough to get our son taken away and hurt my Ex. So she called CPS told them that my ex beat my son, told them that he hurts him abuses him, leaves bruises and all kids of other things.
CPS came to my son’s school and interviewed him, they didn’t find any bruises, or marks and my son told them the worst punishment he ever got was when he mouthed off to his stepdad and he got a little Tabasco sauce in the mouth. CPS won’t even call me back, I guess we are that low of a priority. They did interview my ex and he explained the situation and how angry his soon to be exwife is. But my son was no removed from his care and is now
I’m afraid that she will try something horrible or that she will call family members and spread angry lies about us so I would like to get a Civil Harassment protection order against her.
She has done other things that prove her to be not the kind of person I want around my son but none of them have been this bad (except when she made my son make her alcoholic beverages once when she was watching him, which really pissed me off and I had a stern discussion with her and my Ex about it)
I’m unsure I have enough evidence though, I just really have the two reports that have been proven false. Is that enough?
I live in California, I have never had my child taken from although my son did burn himself back in 2004 and CPS investigated to make sure I wasn’t being a neglectful parent they found that I was a good mother and it actually said “good parent” in their report. I have other children including a 4 year old child with autism so my house is always having official visitors in the form of psychologists, doctors, and my autistic son’s social workers, (because my autistic son doesn’t do very well outside of the home so they come to us) yet there has never been anything but good things said about me as a parent. Also I only have one grievance with my ex a but he’s always tried his best to be a great dad so do you think I have a case?
detailed answers please.
sorry sorry for the typos I was a little upset when I wrote this I meant suspicious not suspension Oh my gosh and I mean kinds not kids.
I also meant My son was NOT removed from his father’s care and is at home right now
Best answer:
Answer by thylawyer
You can certainly apply for a restraining order, but you may find a judge reluctant to prohibit someone from making a complaint of child abuse. Just because some cries “wolf” several times and there is no wolf does not mean that the next time there will be no wolf.’
If you incurred any expenses, from legal fees to lost wages, for the incidents clearly not showing any harm, you be more successful suing her for those damages, as well as violating your civil rights. Consult a lawyer in your area who handles these kinds of cases. Get a referral from your state, county or local bar association.
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