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Defending Against Domestic Violence Charges in Family Court or in Orders of Protection 

Modern Law Divorce and Family Law Attorneys
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If you are accused of domestic violence or child abuse against a child or partner you need this video. The interplay between family court, criminal court and orders of protection all have consequences for you and your family. In this discussion, Attorney Billie Tarascio is joined by Tim Hintze, a Phoenix area criminal law attorney.
For help with your Arizona family law issue, or to simply get more information, go to mymodernlaw.com #divorce #domesticviolence
You can reach Tim Hintze on his firm's website at www.scottsdale...

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12 ноя 2020

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Комментарии : 81   
@FatherX2022
@FatherX2022 Год назад
I was the male victim of dv, From my son's mother. But she made false allegations in family court that she was the victim of DV, from me. Legally, in a civil matter like child custody, you have to prove your case by a "preponderance of the evidence". But I proactively chose to prove my case "beyond a reasonable doubt", as you would in a criminal case. I did that because there was too much at stake, specifically my son's future. I didn't want him raised by violent mother. And I didn't want to leave his future to the whims of a biased judge. And that's how I won primary custody after a 3 year battle. I testified for 28 hours, in order to completely undermine any stereotype the court could have that by default the mother must be the victim and the father must be the perpetrator. Hope that helps all of you dads that are falsely accused.
@iwon369
@iwon369 5 месяцев назад
What state was your hearing held
@fffrfrw
@fffrfrw Год назад
How about these law makers making law that after separation there is a minimum eligible time for each parent to connect with children, this problem will end. The truth is these rules really sucks and some people making money out of other peoples problems. Really disgusting.
@FatherX2022
@FatherX2022 Год назад
I agree that at the 1st custody hearing, judges should be required to issue 50/50 custody, because the judge is the least informed person in the room and does not know anybody in the family, or the facts of the case. Only over time when facts come out, should a judge be able to lower one parent's parenting time.
@optionstrategyllc622
@optionstrategyllc622 Год назад
question? how is it that family court can force a restraining order against a family where their was no domestic violence in the case? situation: teenage son was reported a runn away, did not want to return home to be with girl friend, maid false accusations to police, cps was call by police once teenage son was located at girlfriends home, in court mothers court appointed attorney advise mother "if you do not agree to restraining order the court will look at you as if you continue and fail to protect your kids". father was given restraining order and forced out of home, children were placed with family, and mom was left at home alone.
@kujokannibal7081
@kujokannibal7081 Год назад
I was falsely accused of domestic violence 2 1/2 years ago, and a TPO court order was put on me, and my bm and her mother sabotage me to take my child for financial gain. My lawyer called me today and said the case has been dismissed. I need to speak with someone on filing defamation of character for falsifying information to the police.
@devenwithtwoes5856
@devenwithtwoes5856 Год назад
typical, I think these a holes are part of the problem
@MrBronze71
@MrBronze71 Год назад
I filed a defamation suit against my bm and her mother after they had me charged and arrested for multiple felony charges!!! You can win a suit... But collecting will be hard, and civil law is much different than criminal law. Good luck🤔
@FatherX2022
@FatherX2022 Год назад
If the mother lied about domestic violence, and the TPO, were you able to end up with primary custody of your kids? Or is that still going on?
@FatherX2022
@FatherX2022 Год назад
​@@MrBronze71 Nice. More people should file defamation lawsuits. Did you end up with custody of your kids?
@christopherg-yy8ni
@christopherg-yy8ni Год назад
You know it's unfair because my ex-wife and when I went to report it I got laughed at by the police
@FatherX2022
@FatherX2022 Год назад
The same thing happened to me when I tried to report that my ex assaulted me. I found that as a father, the police definitely discriminately against dads in favor of mothers during these circumstances. A lawyer advised me that the police were required to take a police report. The lawyer spoke to the lieutenant of the police department and told them that I was going in to submit a report and that they were required to take it. Only then would they let me file a police report. So I recommend you escalate it to the lieutenant of the police department. Most of them don't want to bother with reports by fathers against mothers. You have to insist.
@lkpeay
@lkpeay Год назад
Criminal allegations are supposed to be heard in criminal court. The problem with Family “law” is 1. They allow private attorneys to prosecute crimes (unfair). 2. PERJURY is not punished. Changing those 2 small and common sense points would end EVERYONES nightmare AND put all the scum bag Family “law” attorneys OUT OF BUSINESS
@FatherX2022
@FatherX2022 Год назад
Hope this helps: Allegations of DV are tried in criminal court to see if you have to go to jail. And allegations of DV are tried in a civil family custody matter to see if you should have custody of the child. Same topic. 2 different purposes. 2 different legal Standards. And I agree that perjury and false allegations need to be prosecuted. They are getting way out of hand, and used as a weapon too often.
@lkpeay
@lkpeay Год назад
@@FatherX2022 DV is a CRIMINAL ALLEGATION.., And those alleged of it deserve ALL the due process protections anyone else alleged of a crime would get example: the right to be indicted, free attorney, speedy trial , jury trial etc
@FatherX2022
@FatherX2022 Год назад
@@lkpeay oh, no...you got hit with false dv allegations, too, didn't you? And the court spins around in circles, unable or unwilling to figure out the mother lied...is that right? How long since you've seen your kid? So sorry you are going through this.
@lkpeay
@lkpeay Год назад
@@FatherX2022 we need to talk… what state are you in?
@FatherX2022
@FatherX2022 Год назад
@@lkpeay I am on the east coast. Let's talk...let's chat via our own you tube channels, not this one. I make videos to help dads face these problems. See if my RU-vid videos address your case and issues. And then let's talk. Sorry you are going through this, too.
@robiieray
@robiieray 2 года назад
It feels like my case is a little tricky and confusing. I file to enforce custody back in February. Last time I seen my kids was march. Now 2/3 months later she claiming I abused my kids with pictures I never seen. And Twisting my words from discipline. To abuse. She file two emergency hearing and they both got denied. But now she got cps and the Detectives involved. This is crazy. How far somebody would go to destroy somebody life. Now it’s like I’m just waiting to see if the da will file charges all for a lie from march. And just found out on mediation that she’s been calling the The detective almost every other week. Trying to get me charged.
@FatherX2022
@FatherX2022 Год назад
I went through a lot of this, too. I recommend documenting all of this as much as you can. If the allegations are false and made up, that's one of the factors the court must look at to decide who should have custody. A parent that makes false allegations against another parent is less likely to get primary custody of the child... But of course there are many other things to also consider. But at the least, you can show that her false allegations make her not a fit parent. A parent that makes false allegations is lying and manipulating the court process, which is bad. And they are also not fostering a relationship between the child and the other parent, which is also bad.
@FatherX2022
@FatherX2022 Год назад
Also, in your custody trial, you would use all of this evidence and your testimony, to tell the whole story to the judge of how the mother is manipulating cps and the police.
@christopherg-yy8ni
@christopherg-yy8ni Год назад
They wouldn't even take a report
@Jonathon10
@Jonathon10 2 года назад
My daughter's mom has filed for emergency protection as a last card to pull in our custody battle, to cover up for not following the visitation order in our trial we had, where she was trying to relocate to New York city from Kentucky. She wouldn't let me pick my daughter up on the designated time, I tell her that I'm not leaving until she lets my daughter come with me and she is disobeying the judge's orders, and she calls the police and says I'm harassing her and I leave when they pull up and tell me to leave. The very next day was also my visitation day so I show up and I call the police myself and have them meet me out there. They gave me a case number, tell me that I should have gotten a hold of a sheriff's deputy who couldn't enforce those orders, and then I leave. He supposedly goes up and talks to my daughter's mom telling her she's violating the order, and I'm sure she's telling him that I'm harassing her then as well. The very next day she falls in emergency protective order. It's devestating because all I've ever wanted to do is be involved in my daughter's life, and she's doing everything she can do to be able to leave and go to new York. I'm hoping things go well, and I'm the most calm individual I've ever known personally, and I just hate that this is happening.
@mymodernlaw
@mymodernlaw 2 года назад
Thanks so much for sharing your heart-breaking story, so sorry to hear this is happening to you!
@FatherX2022
@FatherX2022 Год назад
Sorry this is happening to you. If she does try to move out of state with your child, and you both have a custody order where you both have parenting time... Just be sure to try to block that move and take legal action as quickly as you can to preserve your rights. If you permit her to leave and allow that to happen for a long period of time, then there is a higher likelihood that the courts will say you consented to her moving.
@mizanmiah1
@mizanmiah1 Месяц назад
Hi Jonathan, are you able to see your daughter more regularly now?
@lesliehayes4329
@lesliehayes4329 2 месяца назад
if you have an investigation and it's sent to the prosecutor and it's determined that corroboration is not likely to be determined and proven by the jury. if that prosecutor that determined that, is now a judge and you actually get that same judge that once was a prosecutor, is that a conflict of interest?
@tkc9065
@tkc9065 3 года назад
Is it common for orders of protection to be granted when the allegation is based on the petitioner “feeling threatened” or “afraid?” This is based on a parenting decision to take away a child’s privilege to drive a car because he was not doing his homework. But the child was upset and so the petitioner said there was a fear of harm.
@tkc9065
@tkc9065 3 года назад
And if so, how can the respondent defend against an untrue allegation based on how individuals feel?
@mymodernlaw
@mymodernlaw 3 года назад
The standard is 'Has an act of DV occurred..' or 'is it likely to occur?' An act could be threatening, intimidation, or harassment so it really depends on the facts.
@jamesdalton7191
@jamesdalton7191 2 года назад
Have had my ex gf put a false dvro on me just because i broke up with her. Her statements have 3-4 different versions. Written and u der oath in family court. Very bad terrible claims. She forged and faked 2 proofs of service and multiple forgeries of my name in state documents. Hired a professional handwriting expert showing everything is in her handwriting and including using a copy machine and tracing my name. When this is shown in front of a judge, does the judge more than frown on this and will they ask for charges to be pressed by the local DA for perjury and submitting fraudulent evidence to the court? This is very real.
@mymodernlaw
@mymodernlaw 2 года назад
That's an incredibly intricate plan, very curious as to what your attorney came up with!
@jamesdalton7191
@jamesdalton7191 2 года назад
@@mymodernlaw my attorney has found shady issues on the recent proofs of service for a motion to vacate. My ex's attorney is obviously playing dirty and he is now caught. Since my ex forged proofs of service , submitted forged documents to the court, including the fraudulent dmv registrations which then the court issued a search warrant and the Sheriffs dept towed my cars using that and i have a forensic report showing my ex forged everything, whats your opinion on what the judge will do? I wouldn't think that it would be just swept under the carpet and let go. This is so bad it could be made into a crime movie. Is there any way i could email you?
@SpeedUpThatComputer
@SpeedUpThatComputer 2 года назад
It's insane how orders of protection can be abused by people to get some sort of gain from it. This is one thing that makes men misogynistic fr. Why date women and have children with them if they suddenly turn on you and use an order of protection to get custody of the child and force you out of their life? Ik with me personally i've had many bad experiences with women that made me really resent them in my teen years and i've struggled for a long time over that. Even now it's hard for me to trust women. It also doesn't help that my mother was the first woman to ever do something wrong to me. She lied to me, stole from me, left me with my grandfather so she could do drugs, and came in and out of my life constantly. Over the years i repressed that and it came out in high school when people who happened to be women didn't want anything to do with me and i ended up getting angry and even made threats at times which got me in trouble in school. Idk how i didn't get arrested or anything but it seems to be luck ig. Today though i've overcame most of those issues and i have more empathy for others as a result. Just because a few women did me wrong in some way doesn't mean all women will.
@DNPMSW
@DNPMSW 4 месяца назад
1. spouse got a restraining order civil 2. Charged with Domestic Violence 3. Divorce paperwork filed. 4. DV charges dropped. 5. Protection order dropped 6. Civil restraining order maintained. 7. Family court spouse maintains sexual and domestic violence and risk to infant. 8. All DV charges dropped by spouse maintains DV and sexual risk of harm of infant. 9. I hope to win family court due to criminal court dropping DV though family court still says DV
@christopherg-yy8ni
@christopherg-yy8ni Год назад
How can I help help getting my children back
@faithfamilyfertility8424
@faithfamilyfertility8424 Год назад
What if you are in Idaho. How can you be sure to find an attorney that will fight for you. My brother was just served a restraining order and had his kids taken from him, under false allegations.
@FatherX2022
@FatherX2022 Год назад
Sorry your brother is going through this.
@atruceforbruce5388
@atruceforbruce5388 11 месяцев назад
The Mormons screw him over too?
@alexbekkala1718
@alexbekkala1718 3 года назад
Hello I'm 35 male. And was issued a order of protection based on he said she said case. My ex girlfriend found out she was pregnant with our 3rd child right after the order was granted. A couple months later she texted me and apologized for lying and exaggerating to get the order of protection and that she was just scared to leave and take off with our kids. The order of protection judge granted me unsupervised visits for 8hrs on Sundays until we got a case in family court. Can those texts messages I have from my ex girlfriend saying that she lied and exaggerated to get the order of protection can they be used by me in my family law case?
@mymodernlaw
@mymodernlaw 3 года назад
Yes, the text messages should be admissible in family court
@maddymiller9349
@maddymiller9349 Год назад
I was in a filent marriage and been trying devose over 20 years no solicitors help me my ex want to Staffordshire prison he fraged my day scol please 🙏 I need your help to get devose social services put my children in care and I did not put my children in danger I asked for a device my children want into care
@christopherg-yy8ni
@christopherg-yy8ni Год назад
Please
@Iraqveteran-ke6qu
@Iraqveteran-ke6qu 2 года назад
I was falsely accused of abuse. Criminal charges were rejected by the DA. She started to stalk my house, and when she saw I had “company “ aka moving on, 3 days later she filed a restraining order. How much does her stalking my house help with my defense?
@mymodernlaw
@mymodernlaw 2 года назад
Do you have proof of the stalking, and was it linked to the RO?
@Iraqveteran-ke6qu
@Iraqveteran-ke6qu 2 года назад
@@mymodernlaw yes, I have videos from my neighbors and my cameras as well. All incidents of her stalking my house were after the emergency protective order was put in place.
@moussaouandaogo6910
@moussaouandaogo6910 Год назад
@@Iraqveteran-ke6qu how did your case go?
@phreshlivin1881
@phreshlivin1881 2 года назад
Can a CPO be granted if the petitioner is claiming " abuse and threats" the initiator in more than half of the altercations. How does a judge decide?
@mymodernlaw
@mymodernlaw 2 года назад
It depends on additional evidence and circumstances, are you located in Arizona?
@phreshlivin1881
@phreshlivin1881 2 года назад
@@mymodernlaw I'm in Ohio. My lawyer says because she's the petitioner the judge is only looking for what I did no matter if she caused it or not.. I was trying to leave with my/our child.. she opened my car door, started screaming and yelling.. so I moved my car with her in the door, my lawyer says that doesn't look good.. even though the entire night she was drunk, screaming, pushing.. and she pushed me afterwards the door incident. I don't understand how can either party be the "victim" or " abuser" in this case
@FatherX2022
@FatherX2022 Год назад
Here are some thoughts. If she filed an order of protection against you... Then the question for the court to decide is if you abused her in some way. And that's it. If you want her to be held accountable for her abusing you, Then you have to file your own order of protection against her... So that the court then has to decide if she abused you. This stuff varies state by state. So you have to look it up in your state. But in general I advise guys to file their own petition for orders of protection against the mother if she is engaging in abuse. sometimes there is mutual abuse. And sometimes there is a primary aggressor... It's all relevant and it depends on the specific facts.
@johnjohnson1681
@johnjohnson1681 2 года назад
This was great Tim sounds like a fucking rockstar
@mymodernlaw
@mymodernlaw 2 года назад
Thanks so much, Tim is great!
@katrinanelson717
@katrinanelson717 3 года назад
Thanks for this! I have a question. Does it matter if the petitioner of a temporary Injunction for protection against domestic violence with minor child show up for the hearing? What will happen if the petitioner doesn't show up?
@mymodernlaw
@mymodernlaw 3 года назад
usually that means it will be dismissed!
@zachjones6944
@zachjones6944 2 года назад
The petitioner will default.
@christopherg-yy8ni
@christopherg-yy8ni Год назад
I need help
@mymodernlaw
@mymodernlaw Год назад
Hey Christopher, Let's get you scheduled for a consult. Give us a call (480) 649-2905, we are open from 8 a.m. to 5 p.m. from Monday to Friday. You can also email us on info@mymodernlaw.com and we will call you.
@CarlosGonzalez-qd6fh
@CarlosGonzalez-qd6fh 2 года назад
If My Daughters Mother Issued A Temporary Order Of Protection Against Me And Put My Daughters Names On The Order. It She's Able To Still Contact Me So My Daughters Can Talk To Me?
@mymodernlaw
@mymodernlaw 2 года назад
Each situation is unique, are your family members on the order? The children have a right to see both sides of the family, granted they are not in any danger.
@CarlosGonzalez-qd6fh
@CarlosGonzalez-qd6fh 2 года назад
@@mymodernlaw The Temporary Order Got Me Confused Cause It Was Issued On October 15 And I Was Around My Daughters And Their Mother While The Order Was Issued And I Wasn't Aware About It. I Didn't Get Served Until November 2 2021
@glynn2023
@glynn2023 Год назад
And after reading these comments, this is the reason the Judge did not give me a restraining order, because of all these liars falling false claims!
@christopherg-yy8ni
@christopherg-yy8ni Год назад
What do I do
@devenwithtwoes5856
@devenwithtwoes5856 Год назад
surviving false allegations
@FatherX2022
@FatherX2022 Год назад
I went through it also. You have to come up with tons of evidence and tons of testimony in order to overcome the presumption that the father must be the violent one. I did it... But it was difficult, painful, and unfair. Good luck to you.
@abbysmith-eo9gg
@abbysmith-eo9gg Год назад
My daughter ex husband falsely accused my daughter of abusing my granddaughter and the judge order him to return my granddaughter to my daughter immediately. It been a week after and my granddaughter father have not returned my granddaughter to my daughter and he’s getting away with it.
@healingwisdom6727
@healingwisdom6727 2 года назад
The truth is, men abuse women a lot more than vise versa. Majority of the time when a woman/mother has the courage to come to court and state she was abused, she gets completely discredited and the abuser is allowed and enabled by the family court to continue abusing. Court abuse is very real and many innocent children have been killed by the controlling abusive fathers. There needs to be more protection for DV victims and their children!!!!
@mymodernlaw
@mymodernlaw 2 года назад
We see this often and agree! Thanks so much for watching and sharing!
@SpeedUpThatComputer
@SpeedUpThatComputer 2 года назад
While it is true women are abused by men the most it doesn't remove from the fact women also abuse men but it's less common and less reported because men don't like appearing like they got beat up by a woman which is the same as being called weak or a wimp. We also have abuse in LGBTQ relationships too but they are the most rare.
@smohammed2821
@smohammed2821 2 года назад
Well said 👏
@ItalianJew
@ItalianJew 2 года назад
I would say people treat people like trash many times throughout history. Domestic violence is underreported by men who are victims of domestic violence, I'm a victim of domestic violence myself and never reported it for 10 years until my mother was injured by my ex
@ChanChan-jk8pc
@ChanChan-jk8pc Год назад
Absolutely a lie!
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