How Do You Prove Domestic Violence in an Order of Protection Hearing or Custody Case? 

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)

Thank you for taking the time to post this information.

My life was ruined by lies and now i see why she put those lies exactly like this on paper. This is sad asf.

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

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

Thank you much very informative thank you so much

Thank you!

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

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

This is really helpful. I work at a domestic violence shelter and needed more information on the legal side of things. Thanks!

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

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.

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?

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

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??

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.

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.

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

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.

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.

Most abused process in history .. so many false claims

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 🙏

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 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?

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.

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?

My mom and I got a protection order against my brothers estranged wife after he committed suicide because of her harassment

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 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

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.)

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!

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

Verbatim how my ex faked an assault and had me arrested. Why is the burden of proof so low here?

What if you could not serve them Due to moving out of state But they come back and so something else

Question: I have audio tape of who was doing the harassment can I use it in court 🤔

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..

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.

I still wonder how my wife got a protection order against me when there is no domestic violence. Can you make it up?

just lie .that's what you teach your cliants

If I was brave enough to record the abuse can that be used as well in court ? For child custody ? I’m in California

Thanku yes it was very helpful! How can I call you?

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.

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?

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

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.

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 ?

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.

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".

This is really bad propaganda, lady. You're trying to tell those bad women how to set up hard working unlucky men!