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3/02/2012

Temporary Order Of Protection Questions

This person has Temporary Order Of Protection Questions. I have a 44 year old son, married to his 25 year old wife, they have a 1 year old who they adore. My son has been called the best father and best husband in the world by his in laws and his wife adores him. He does not have criminal record at all. His wife and him had a big argument, and my son slap her in the mouth and punch her in the back of her head, police found swollen lip(she states it wasn't swollen and doesn't know why they wrote that), nothing on the head but when he strike her in the head (which she states it wasn't hard) she was about to pick up the baby and her head bounced on the baby's and she got a red mark in her forehead(police states says that baby was hit with unknown object), baby started crying and my son got scared and ran while his wife spoke to the cops. She also told me that the hit wasn't hard at all and the mark on the baby was gone within 30 minutes and she has a picture. The next day she called my house and was hysterically crying that she wanted to speak to my son and how much she loves him and that she didn't mean to call the cops but that she was afraid and that he didn't beat her up it was two aggression and then he ran. She is begging me for forgiveness and I told her I have nothing to forgive, he did do wrong. She kept on begging me for me to pass on the phone to my son, my son did wanted to speak to her. I just thought they should take a little more time to think. Then our pastor from church who has a degree in marriage counseling called my son and told him I would like for you to talk to her please, she is devastated and wants just for you to go home and be with your baby. They talked and they were both crying on the phone hysterically, each one saying I love you, I love you. My son decided to go home the next day but early that day the police called him and said just come here to do some paperwork, when he show up he got arrested. I called his wife and she said she didn't understand why because she clearly told the cops she is not pressing charges. My son stayed 1 and half days in jail and was given a temporary order of protection, protecting his wife and baby until 8/28. He is devastated and so sorry for what he did, his wife wants him back and is crying every day, not eating, and misses him a lot. His two year old which was the love of his life is missing him dearly but he cannot have any communication with either of them. When I call, his wife just keeps on apologizing and saying that she didn't press charges why he can't see his baby or me. She is desperate, he was the one supporting them, always taking them everywhere, always buying his baby her organic foods, he would come from work and take his car 1 hour drive to buy her food, he is the one that does the grocery shopping, laundry, maintains everything in the house, fixes everything, orders supplies, orders the milk for the baby. She is lost without him and just wants him back. Child services already went to her house and asked how the baby was doing and was going around the house to see if the baby is properly attended. My son has her like a princess, she has everything that any child wishes, his wife keeps telling the baby that he is coming back soon, that he is working, she is scared to do a webcam conference or to have them talk to each other, she constantly ask for her father, at night he used to rock her to sleep, he would sing all her favorite songs, she keeps asking I want Papa to sing, and she sing the songs, her mom breaks down and can't take it how her baby misses her dad. She is now singing to her the song that my son used to sing to the baby but she says "no mama" I want papa to sing" and of course she says papa is working he is coming very soon. My son wants a second chance he is dying of sorrow, he can't take not talking to them, he wants to see them, talk to them he is just devastated, we got a lawyer and a court date in 20 days. Lawyer said because he has a misdemeanor but with letter A's which is the highest of misdemeanor. He said not to worry because my son has no history and this is the first time and he is hopeful that on the first court day he is granted a limited order of protection where he can go home but behave. Anyone knows what are the chances for my son? He wants this to be over so fast, but has read that this can go for years. The temporary order of protection is until 8/28, he is worry that it will go that far and miss on his baby, he is dying of pain. He can't sleep and can concentrate on anything. Please if anyone has any ideas on how we can shorten this please help us. I heard that going to anger management center before the first court date can help him very much, is this true? I am not saying that my son did right, but I believe in him and with the proper treatment he will be ok. I am just so confused as to why if his wife didn't press charges he was giving a temp order of protection expiring in 10 months. I will be ok with a 2 or 3 months but so long. So what happens when the temp order expires? He gets to go back home? What are the court dates for? if there is an expiration date? If our lawyer wins the case, his wife gets in trouble? does it mean to the law that she lied? we don't want her to go through this at all? we definitely don't want her separated from her daughter, we don't want to fight for custody I just want for my son to go back home to his wife and baby. Thank you for taking your time and advise its greatly appreciate, thank you so much.

1 comment:

  1. what happened? The reason it went forward is because a lot of states view it as the "state" versus an individual, so it doesn't matter that the wife is not trying to pursue it. That's why you need to think before you call the police...especially if kids involved...you are guilty until innocent in family law

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