How Do You Prove Domestic Violence in an Order of Protection Hearing or Custody Case?
Вставка
- Опубліковано 11 вер 2024
- Proving domestic violence isn't always easy or straight forward and your venue determines how evidence should be presented. This video talks about the difference between civil orders of protection, vs criminal court, vs a contested divorce or custody hearing.
For help with your Arizona family law issue, or to simply get more information, go to mymodernlaw.com
#domesticviolence #custody #ordersofprotection #arizonadivorce #divorce
Emotional, mental, psychological abuse is the worse to prove. Any guidance would be so gratefully appreciated. Keep fighting the good fight guys! (Thank you Atty)
Thanks for watching!
GET AWAY from them, and stop trying to prove it. Why would you need to prove it? So you can get money, benefits, etc? If someone is "abusing" you in ANY way, get AWAY, and stop trying to get revenge on them. aint nobody dumb, girl.
@@lightfighter36 Clearly, Emus is extremely ignorant of this issue in family court system and how psychological abuse coercive control is a danger to the safety of children and the safe parent.
@@leslieanneDCI was just going to say, psychological abuse needs to be proven because it damages the children emotionally and can cause all types of issues with them on into adulthood. If you say nothing about it the other parent just continue to have normal access to keep abusing them just like physical abuse.
My life was ruined by lies and now i see why she put those lies exactly like this on paper. This is sad asf.
Domestic violence cases are always sad, I hope things are looking up in 2022.
@@mymodernlaw Whats sad is the legal system not doing their job to ensure accurate and fair treatment. The law is supposed to protect people. Its not supposed to be used to commit crimes. When the law is used to commit crimes there needs to be accountability and there is none. Thats whats sad.
Wow, I feel you bro. I’m going through the same thing. And the saddest thing in my situation, she is the one attacked me trying to force her way into my apartment and saying that she isn’t playing me. I stood in the door way preventing her to enter. She grab my shirt, pulling on my collar. I held on to her hands trying to get her off me and from ent entering, I used my leg to block the door. She jammed the door against my leg scraping the skin off my ankle and with the pain, I tried to get my leg away and we both fell to the ground with her holding my shirt.
She proceeded to yell for help alleging that I laid my hands on her when I didn't. I know why she is doing this cuz she asked me to let her move in Georgia with my daughter and I refused so she started harassing me to find something bad about me and ruined my life then she can asked to take my daughter away from me. She knows I will never be back with her so the only way it’s to used my daughter to hurt me.
This was so helpful! I’m currently dealing with this now. After leaving California because I wasn’t able to get an order of protection
ua-cam.com/channels/TS_0RkoA0EcEd76b06NBWA.html
Laws need to change on this. It can ruin someone for months before it finally gets proven false. In CA they take your children as well, temporarily. But waiting for a trial 6-8 months down the road, after it was temporarily granted, isn’t so temporary in my opinion
That's definitely something that should be given more thought and attention, thank you for sharing.
My life is being ruined in this style. Unthinkable.
@@guozhonghe6307 sorry to hear that for you. I am experiencing exactly the same treatment.
This was Helpful I have been Unlawfully Watchlisted with no Due process. And my Family members that are Fabricating/Incriminating Informants are Harassing me, And they have been paid Cash, Cars, and Property to Set me up to be bodilied harmed and that’s putting it lightly. I need to keep these Ex-Family members away from me ASAP
ua-cam.com/channels/TS_0RkoA0EcEd76b06NBWA.html
Thank you for taking the time to post this information.
Oh.....my....God. I thought the court wouldnt care about anything unless I had blood and bruises leaking out my face. My husband fights me for my phone anytime he attacks so make sure not to call for help. This time, while pregnant I fought back - I had the sound record on the whole time.......have police record, have hospital records, and am in a shelter. Will all of this help?
Yes!!! Work with the courts.
Yes, this will help. I'm so glad you got out.
ua-cam.com/channels/TS_0RkoA0EcEd76b06NBWA.html
Probably won't help. It's seems the more evidence you bring, the harsher your punishment for trying to seek protection in the extremely corrupt family court
I didn’t realize until it happened to me how often woman lie with no repercussions to retaliate and keep children away from there fathers for months lock fathers out of the home and protected even when they are the physical aggressors
Man, I’m going through the same thing
I have been drug through the mud with a false PFA. This is great that that something like this exists but there needs to be more checks and balances.
You can also file for an OFP or restraining order through a shelter for free. I’ve had to use this option several times in domestic violence situations I’ve been in.
How do you protect yourself from a restraining order that was used as a tool to loose custody from me starting a petition (the father). From the fact that the burden of proof standards being so low that is known.
My order didn't even get a chance to be denied by a judge. I was called and told that there wasn't enough physical violence to be seen by a Judge. I filed a incident report with the police about unlawful restraint. He held me in a room and wouldn't let me leave for hours about four times when our child was an infant and in a different room. He blocked the exist and pushed me with his body when I tried to leave. He made me take the baby radio with me... I can still hear her cries, even though she's two now. The report didn't go anywhere. I had a witness who tried to contact the police precinct. They couldn't get a hold of anyone and neither can I. Nor have they tried to reach out... Welcome to DV in Texas... Where survivors aren't heard or seen and it's pushed under the rug.
Lol lies
Most abused process in history .. so many false claims
Why would someone want an order of protection if they weren’t being harassed or in fear of the “accused.”? Seriously, not being snarky. I don’t understand the motive.
@@littlelam3691 Well there are plenty of reasons.
-Spite/Revenge
-Custody Battle
-Divorce
-Possible ownership of house
-Secret affair or finding out your partner is having an affair.
The list can go on and on. True domestic violence is a terrible thing and deserves true justice. False allegations do unfortunately happen and are beyond unfair.
Verbatim how my ex faked an assault and had me arrested. Why is the burden of proof so low here?
This is really helpful. I work at a domestic violence shelter and needed more information on the legal side of things. Thanks!
Wonderful! If there's any way we can help out, please send us an email at info@mymodernlaw.com. Thanks for watching!
My ex gf petitioned to get a protection order against me after I dumped her and she claimed domestic violence…completely false allegations, all in an attempt to libel & slander me and ruin my reputation. She was told off by the judge after she couldn’t provide any credible evidence, yet she walked away without any repercussions. The case record is closed, but the case # is still public record with my name attached to it as a the Respondent, and filed under ‘Domestic Violence’. So she got her wish, I still cannot believe it. Is there anything I can do??
Do you know that you have been more informative than the domestic abuse lawyers in my state,..
The alleged victim lied 4 times under oath. her witness lied 2 times which contradicted the victims testimony. Ultimately proving that I never did anything to her. The judge still granted the DVRO but only for 1 year.
I was assaulted annually for about a decade by the Ex-, usually during her visitations. She was of equal size, weight, and strength. She often used weapons (pogo stick, baseball bat.) I reported every incident to the police and to the courts. The police took confirming photos of sizable bruises multiple times. Despite the evidence, the DA and the court repeatedly did nothing. When our daughter was in the third grade, I asked her where she would like to live if something were to happen to me. Her two choices did not include Mom. I figured the best unbiased witness to her choices and reasoning would be the court counselor. Unknown to me, during their meeting, the counselor apparent asked the daughter about her relations to her mother. The daughter told about a fist fight she had with her mother on the school grounds several months earlier. At the next court hearing, the judge on his own initiative issued a permanent restraining order. Several months later, the Ex- came by, wanting to borrow some money. She had stopped payment on a prior check, so I refused to loan her any more money and went back to my welding work. She kicked me in the genitals. I landed on the ground in a fetal position and was wiped out for nearly two weeks. The DA finally took action and the court issued an arrest warrant. They made no effort to execute the warrant and dropped the warrant in less than a year. The Ex- was never inconvenienced for any of her antics at any point. The daughter has wanted nothing to do with her mother for over thirty years now, but gets along fine with all her other maternal relatives (and me.)
I was in a physical and mentally abusive relationship for about 10 years. There are alot of details I could provide- especially the inability to use a phone in an emergency. I don’t want to disclose too much information on this public forum
But I also denied this a lot because I feared his retaliation. We are 3 years out from a divorce and he still occasionally contacts me. Are there statue of limitations on filing for these?
It's totally understandable not wanting to share publicly, but the best way to find out would be to check the .gov page for your state under Statute of Limitations or speak to your lawyer about your options. Thank you for commenting!
Change your phone number or make yourself not able to be contacted by the abuser. All the best
My mom and I got a protection order against my brothers estranged wife after he committed suicide because of her harassment
That's so hard. Good for you.
ua-cam.com/channels/TS_0RkoA0EcEd76b06NBWA.html
Was she constantly stalking, calling, and texting? I’m going through that now. I’ve changed my main phone number but she is in my emails and still trying to reach out to my google voice number I use for my business
I’ve been a domestic violence victim from the last 5 yrs. My husband got arrested for the same last year after that I had restraining order against him but I didn’t finalize it because I wanted to give him the last chance and so did he but after coming home after one month he started hitting abusing torturing me back. Now I’ve again filed restraining order and I want to final it because me and my 4 yrs old daughter aren’t safe with him..
Keep that restraining order in place!
@@mymodernlaw thanks for replying mam, I want sole custody of my child because my husband is alcoholic and he sleeps with prostitutes when I ask him about it or other affairs he beats me
@@n_hr18 Let me guess, YOU NEED A GREEN CARD?
Anytime the plaintiff has an atty, that's exactly what comes out of their mouth.
@@cheerdiver I received it two yrs ago
having been falsely accused and a temp Protection From Abuse order ordered (and then dismissed) against me, i find videos like this disturbing.
i assume this is what my ex was told.
instead of ‘what do i need to say/show to get a PFA’ how about reccomending a PFA only after someone describes events that warrant one?
the lack of due process - guilty until proven innocent, lack of evidence required - in these matters make this tactic highly prone to abuse especially if ‘victims’ are assumed to be telling the truth.
i’ve now gone a year with ordered supervised visitation with absolutely no evidence presented and now that the court denied my motion for contempt i don’t see my kids at all - pending judicial conciliation in October.
because of these actions i’ve been entirely alienated from my kids.
so telling people what they need to say to get a restraining order is not IMHO an entirely ethical action.
Completely agree, I bet most women lie
I think you need to clarify the standards of evidence in a theoretical sense and a practical sense. The preponderance of evidence is such a low standard that a simple allegation can be considered as a enough for temporary order and testimony for final order judgement. Essentially the standard at the Salem Witch trials. This evidentiary standard should be eliminated
You are presicely correct!
It definitely comes down to credibility more than burden of proof.
@@mymodernlaw
'It definitely comes down to irrational emotion more than due process'
There fixed it for you.
I had the script flipped on me. When I broke up with my boyfriend he filed an order protection on me and actually won. He accused me of things that he actually did. I had evidence he had only his word. How does that happen? I’m now homeless and fighting to get my property back.
@@Moonbunny55 because orders of protection are complete BS that ruin the lives of innocent people without proof. You can always pay him back with false allegations of your own.
Can I have a strategy session? I am prepping for contempt hearing and I just lost order of protection and BIA is making huge deal over it saying that my loss failed to prove DV incident occurred and that I lose custody to my abuser. My witnesses didn’t show up due to being scared. That’s why I lost.
just lie .that's what you teach your cliants
Hi Billie and i hope I spelled that somewhat right🤔 My name is Keith Flynn and not my photo but my moms. I have a question that I can't get answered. My son was wrongfully removed this Past October 14th and had 50% legal 50% physical of my son. There was another hearing on the 16th and probably an ex parte cuz I was not apart of it. 35 days later. With no notice of removal of my son, no evadentry hearing, no placement of kin! I was given a lawyer and totally violated model rule 64 under communications as she tried to say sua asponte was no big deal and I would get my son by the next hearing but just had to do whatever DCF wanted?? Now I'm not stupid and kinda know the system and told her to file an objection on the court order. Over and over again she said its not that kind of case. There are two reports that I'm not allowed to see one is a guardian ad litm report that was totally fabricated and had no part in. And was not done on time by the date set as she disappeared and moms attorney and I both have that on record. And the DCF reports I've never seen, just a parenting plan I don't trust because they are pushing a parenting evaluation and I did a psyc eval at the beginning of my case. Mom had 4 violations and no classes or parenting well I did and put the work in! Now my next hearing will be at ten months my son has been kidnapped and wants to come home and says he hates that the hes told what to say what to do and act... Now I know my boy and they are trying to make him a child in need when hes not. He was in a IEP but progressed to no longer needing it and was considered not autistic but judge ordered him retested and guess what hes autistic. In so sad brokenhearted beat up and yet I keep fighting and keep my hopes up that my 5th yes 5th attorney can do something but think all statues to do anything were dragged out by all the lawyers?? Need help so bad and I know sua asponte can be a criminal issue but its not and will be hear to answer any claims or open my door and give them coffee if they want to come by. But how do I move forward And can my judge even hear my case. I was told in not the offending parent and case is back to my custody case i filed, but if that's the case why wasn't my son returned to me and feels very much like the left foot is gonna drop. Sorry for this book on my case I'm sending but I love my boy and would jump in front of a train for him so this is a picnic at the park but I just have lack of legal knowledge
Thank you so much
Keith E Flynn
Hi Keith! It's obvious that you'd do anything for your boy, which will be a great start when searching for/requesting a new lawyer that knows your states laws and local court systems. Try contacting them directly via phone or email but just remember your patience and keep your son in mind! Thank you for sharing your story!
Thank you for sharing this information. The statues you reference, are they only applicable in your state? I'm in the state of NJ and wanted to know if I should refer to my local state laws to use this in court. Thank you for your help in advance 🙏
Yes, definitely refer to your local laws.
@@mymodernlaw Thank you!
The Statue of Liberty, an androgynous god (hence the toga) based on Apollo, which was based on Mythra, which was based on PAN the child abductor. It was a trophy, from the perverse French, for winning the HUMAN TRAFFICKING war between the states. After the revolt in Hatti, the families of Connecticut (Bush?) had to save face, so after selling the slaves they would become 'historically virtuous' by freeing them. All while their HUMAN TRAFFICKING empire continued business as usual.
The conditions north of the M&D were much worse than slavery, Dixie was just an expansion.
Now ask yourself one of the most important questions you could ever realize: What was a Witch Hunt, and why did the Chaotic inquisition put an end to Witch Trials in 1736? Were our Protesting ancestors stupid for believing such Voo Doo, or did they flee England, for the new world, in wooden ships just because they wanted to continue Witch Hunting?
Hints: Coven=brothel, VD could exterminate a community unchecked, testimony of children, 'charmed' their victims
What's the purpose of life? Procrea...
ua-cam.com/channels/TS_0RkoA0EcEd76b06NBWA.html
Hey I have a question my referee didn't allow me to speak. She let the respondent speak for 20 seconds then she appointed the mom and the dad and the kids a lawyer and I the person who raised them for 3 years she said you get your own lawyer...She said you are the just the cousin/petitioner...does she have that jurisdiction to appoint lawyers without hearing all the testimony
Women can go and put an order of protection when you dont do shit for her to do it and that shit is not right
Thank you this was so helpful just went to my mailbox 📫 this morning omg I have enough court date to renew my restraining order because in the state of Texas if you was together more than six months you common law married I hate that ugh 😩 I should of said two weeks
So sorry to hear that, Mildred! Good luck getting it renewed and thank you for sharing your story with us!
I feel like you putting ideas in people head for them to go get order protection so you can make money 😂
I am a disabled veteran and I had and affair my wife found out about it after it stopped and as my caregiver she made me believe everything was fine between us and wanted power of attorney over myself so I bought a new house for us and I put her name on the deed and then after 59 days she took out a domestic violence injunction on me and made me homeless and tried to place me in a state mental hospital away from the Va and my family and friends to hide the fact that I had a child out of wedlock then she divorced me can you help me get rid of the faults injunction against me I live in Augustine Florida
Hi,
I wanted to know if i can speak to you about a situation I’m in. I’m very upset and need to be reassured that I have enough proof.
1st. We were on no contact. But he could have visit the the child must give notice.2. Next he slashed my tires and I could not serve him. Next he broke into my home stole items broken door!
What is the civil code ! I file to serve him by publication before he Broke in. Broke no contact and stole items!
In Arizona, you must file a motion with the judge to get permission to serve someone via publication.
Good luck. Your ex sounds pretty terrible.
I still wonder how my wife got a protection order against me when there is no domestic violence. Can you make it up?
My wife said I flung her on a wall; however, I did not. I pulled a camera out of her hands when I was expressing my feelings.
Even looking through the comments on our channel, you'll see many people are in the same position. People can certainly make things up, it depends on what can be proven. sThis typically happens when two people are trying to prove each other wrong, throw in emotions and narcissism, it can be a dangerous situation.
ua-cam.com/channels/TS_0RkoA0EcEd76b06NBWA.html
Object
@@mymodernlaw Well the order of protection was dismissed with prejudice. Thank you!
Hi my question is my husband threat me sometime and I feel so uncomfortable by him too I have two kids too can I leave my state with my kids and after leaving the state can I do restaining order for him please guide me asap
Thank you much very informative thank you so much
ua-cam.com/channels/TS_0RkoA0EcEd76b06NBWA.html
Can a psychiatrist past report from like 2019 & a current reports be used in court to help show abuse and assist with a permanent stay away order?
Check with your attorney, but it might help if it can assist in establishing a pattern of abusive behavior in the years since.
Thank you!
You're welcome!
If I was brave enough to record the abuse can that be used as well in court ? For child custody ? I’m in California
As long as you don't put yourself at risk, but check for sure with you attorney to see if it will help in your specific situation!
I’m in the same position, I have evidence
Record. Expect them to say you provoked them. My daughter's dad claimed I was stalking him because we had joined decision making and he was making unilateral decisions that cut into my parenting time and because I repeatedly attempted to talk to him and he did not want to talk to me so the day after I filed for contempt, he went to a different court and claimed he had custody and I was stalking him and scaring my daughter. He got the permanent (1 year) order of protection the day before the hearing for contempt and my request to enforce the juvenile court order. My video of the hearing June 15, 2015 Order of protection hearing has got 10k views.
If you want an arts degree holder to 'trade off' your problems. It would be much cheaper and more productive to address the real issue by hiring a psychologist, you've 'hit the wall'.
You guys are jus freaks ...me and my ex are from the hood ...were grown now and splitting up but never would I drag my kids thru coart neither would she we can share the damn kids ....u guys are just playing childish games lady
Who TF cares about ur 10 k views really lol
Question: I have audio tape of who was doing the harassment can I use it in court 🤔
Double check with your legal counsel on specifics for your case but if it wasn't acquired by illegal means, I don't see why you couldn't.
@@mymodernlaw don't have counsel and I told her I was recording everything, thank you
My stepson was shot 4 times with a BB gun last week, and yesterday the same guy shot out his rear window of his car my wife and I bought! The guy scares the hell out of him. He called 911 for the rear window, and a Sheriffs Deputy showed up. The guy that shot him recorded him shooting him, and my wife sent the video to the Sheriff to watch. He shot him while he was coming out of his garage! I think he should go to jail. My wife is scared he could come to our house, and do something to us or our property. What do you think?
It doesn't really matter . Just know that we are adults and adults should take responsibility and come to a resolution as adults.. a family law judges has no understanding of the individual dynamics of your case. As such putting your responsibility to resolve your own life issues on to a total stranger or a judge should not be expected to work. If u are being abused leave immediately if u are abusing leave immediately there is no resolution other then this.
What is all the evidence she claim is a lie and I have a prove that she is the attacker? What will happen ?
What if you could not serve them
Due to moving out of state
But they come back and so something else
ua-cam.com/channels/TS_0RkoA0EcEd76b06NBWA.html
So I have husband who is abusive to my kids . And she has bruise on her back that is slowly wearing away I’ve been hit and slapped and punches and pushed so many times while pregnant at 8 months .. and so has my daughter .. wit the belt .. will this help win my kids full custody ? Also he’s kept me captive for 10 years not being Able to see my family who lives out of state .. please help ! I need answers .. what proof of evidence is needed to win my kids full custody ?
Make sure you have documentation of everything and someone talented to defend you! If you're in Arizona, please reach out to us at (480)-571-0346.
I’m in Texas. What kind of documentation is needed ? Will I get full custody ?
You talk like a PO is not a big deal. A false PO was filed against me, and I bet that by the time things are over, it will probably cause me my life.
Thanku yes it was very helpful! How can I call you?
Of course. You can reach us at 480-649-2905
@@mymodernlaw
My Ex took videos of me while i was feeding my daughter and he intentionally came in the middle threw her food and when i hit him with hand captured videos and went to court for DVPO as he started dating an American from 4 years so used this trick to evict me from home
@@mymodernlaw so my question here if the abuse didnt happen within 24 hours will that still count towards DVPO as my ex submitted in court the videos those are 6 years old
How do you prove domestic violence, for an order of protection hearing or custody case? You don't. You just accuse, and the Judge / Magistrate is basically FORCED to believe you. If you had ANY evidence of domestic violence at ALL, they would bring charges. Protective Orders are for people who want to control or manipulate the other party. You feminists are pathetic... ALWAYS the "victim".
Fuck yeah bitches ain't shit
Them ladies always have more power then us mans in court thier side is always belived more smh
Never help a woman in any situation .. just let them deal with it
I’m a woman and I totally feel for men that get falsely accused. I was falsely accused, kicked out of my own home and fighting to get my property back. Not a house or anything simply my clothes my bedroom dishes etc. basically I’m homeless right now. All because I wanted to end the relationship.
@@Moonbunny55 Me too. My husband kicked me out our home all because I was separating from him due his neglected of the married and heavy mental abuse. Now I'm homeless and all my stuff in the house.
This is really bad propaganda, lady. You're trying to tell those bad women how to set up hard working unlucky men!
A bad woman can't set you up if you don't get involved with her.