What do you think the chances are of a judge granting a restraining order? 2 Answers as of February 15, 2012

My sister has been brainwashing my children, now 17 and 18 years old against me since they were 2 and 3 years old. Her boyfriend, who has been in and out of group homes, jails, and prisons, his entire life (at 37 years old) beats my son on a regular occasion. I believe my sister keeps this guy around to keep complete control over the household, including my two kids (who she made up lies about me and called the police who eventually took them away from me). I did everything possible to get my kids back. I went to several treatment centers, always at least tired to visit my children, which most of the time it was denied because of some fabricated story of why they couldn't go on any given particular day. In any event, I am now 44 years old and am really feeling sad about missing most of my children's entire childhood's, due to my sister’s parent alienation of me, and she alienated me no matter what I did to help, no matter how much I changed for the better, or begged to see my children. So the other day, I asked her if she would allow me to teach my children how to drive being it's one of the last things I'd ever be able to do with or for them, as children. She was cruel and flat out said "No" and disregarded me, as she usually does and started threatening me that she was going to go upstairs (as she usually does) and then did have my children yell at me for hours about what a rotten person I am, calling me vile names, majorly disrespecting me, complaining about me not giving them ENOUGH money, and they now flat out tell me they won't even speak to me if I don't give them my entire Veteran's pension and or compensation award (if I even get it), and they are ordering me to give the entire amount to my sister and my Mom. Anyway, every time I hear a siren, I fear for my son's life. He has run away to my house several times and said that my sister's boyfriend, held him in a choke lock and suffocated him. What do you think the chances are of a judge granting a restraining order?

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Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Unless your 18 year old is still in high school, the only child the court has jurisdiction over is your youngest until that child's 18 or up to age 19 and in high school. As to a restraining order, it would seem a first step would be to determine if your ex is willing to work on these issues in co-parenting counseling. If she is unwilling, you may consider requesting court relief.
Answer Applies to: California
Replied: 2/15/2012
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
If you can prove the danger the kids are in, the chances would be good that you could get a restraining order. The issue is always proving the incidents. Most of the time it's a he said, she said situation which are hard to prove.
Answer Applies to: California
Replied: 2/15/2012
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