Blended Families

The ex wife, restraining order help

DSS gave me a hug goodbye for the week, and ex wife yanked on the back of him, and pulled me to the ground from a 4 foot high chair to a concrete floor. Had bleeding and cramping so rushed to ER. Baby is ok. On bed rest. But now she won't stop calling my cell. How do I get a restraining order??

Re: The ex wife, restraining order help

  • Depending on your state, you may be able to file by yourself. Check your state's website. The form's may be available there.

    When in doubt about how to do something, contact the clerk. They can direct you.

    Glad you are ok.

    Are you sure it was malicious or was it an accident? Was she hurrying him out the door (because he was hugging you or not) and you falling could have been an accident? Why is she calling you now? Possibly to apologize or make sure you are ok?

    I have seen your name around, but I can't recall your situation or your relationship with BM, so I'm just fishing in the dark.

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  • +just+j++just+j+ member
    edited November 2013
    She may have over-reacted to pulling him away and didn't mean to pull you. She may have realized her mistake and wants to apologize. Or has she threatened you in any way before?
    "he offered her the world. she said she had her own" - poet Monique Duval
  • Never mind. I recall your previous post. Call the police and file a report.
    "he offered her the world. she said she had her own" - poet Monique Duval
  • Call the police and report it.  Often, they can provide guidance on how to get a restraining order, and at the very least it will be a documentation of the assault.  Usually you can get the forms from the county courthouse from the court clerk. 

    You also need to set provisions in place that keep you away from BM.  Where is your H in all this?  Why are you around BM without him? 

    You also need to contact your lawyer so that drop offs and pick ups are done in a place with witnesses - preferably a police station.  If SS is old enough to get from your home to BMs car on his own, then at the very least she needs to be instructed not to enter your property and stay in her car while SS leaves your home.

    DO NOT answer her texts / emails!  She has no business contacting you.  If she has questions about SS, she needs to address her ex.  Take yourself out of the situation. 

     

     

    image "Before you diagnose yourself with depression or low self esteem, first make sure you are not, in fact, just surrounded by assholes.
  • I agree, call the police.  This is assult and she should be punished.

     

  • Ginlyn0Ginlyn0 member
    edited November 2013
    Maybe I'm missing something but to me this is assault of her child, not you. It seems like you just happened to be injured in the aftermath so I'm not sure if that would qualify as assault or not on you since she didn't actually touch you. I would be more concerned about how hard she must have pulled the child in order to dump you out of a chair. Who is protecting this kid?
    DD(14),SD(13),SS(11),SS(9),DS(3)

  • Just as an FYI, what you described is not actually an assault according to the crimes code of all the states I am familiar with.
    Not everything that happens is a crime - most things lie in a grey area.

    Also, every state has different requirements for a restraining order, but I can tell you that this does not qualify for PA.  In PA (as with other states) there is a  "relationship requirement" and your husband's ex-wife does not qualify.

    You can file a police report if you feel as though she actually had an intent to harm you.  But other than that my advice would be to change pick up and drop off so that she has to remain in her car/house.  And make sure another adult is around you during any transitions that your DH can not be at.

    I'm glad that your baby is okay.
  • It is unclear if she yanked on SS while he was huggin you and you fell or if she yanked on SS AND pulled you to the ground. This all sucks but it matters for the law. I am very glad you and the baby are ok.
    Jen - Mom to two December 12 babies Nathaniel 12/12/06 and Addison 12/12/08
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