mardi 28 juillet 2015

Violation & Enforcement: False Allegations

Wow, this is getting so out of hand.

My 17 yr old son sad horrible things to his GF. They filed a restraining order.

Even though there were some allegations on the restraining order that were false, we were told to just accept it and move on with our lives. Which my son did.

About a month into it, we get a knock at the door with police officers with a search warrant. they took his computer and phone stating there was a complaint that the GF said that my son posted pics of her on social media.

My son swears up and down that he never did. (I believe him as he was honest on what other things he had done.) the police state that they did not see it but that my son could of deleted it already.

Their Lawyer then brings my 17 yr old son to court to sue for his lawyer fees. Currently, the judge is looking at all the paper work. He is suing for over 3000.00. Not sure how they think a high school kid is going to get this money.

During this court appearance, their lawyer told our lawyer that the DA is bringing my son into court because he violate the restraining order.

We had not idea what they were talking about.

We never got a summons or anything in the mail to say we had to appear, or were told what this so called violation was. But our lawyer said its best to show up anyway.

So we go to court and read what the complaint was.

I actually gasped when I read it because it was all lies. My son was on vacation with me and we have reciepts and everything else to prove he was no where near where she said he threated her.

The DA was asking for a GPS on his ankle and remove him from all social media.

This is now the second false allegation of breaking a restraining order. I asked this lawyer if she can keep doing this, and he said yes. I asked about harassment, he said, well, that's tough to prove.

So now we have a new court date and prove that he wasn't there. Which I can do, but if this innocent until proven guilty, then why shouldn't they have to prove it was him? The system really seems backwards.

I told the Lawyer that she has a long history of being in mental hospitals and why cant her mental health be brought up.

You know, my son wrote some terrible texts. I get it. I did not protect him over it, you did it, this is the consequence, but now it appears to be turning into a snowball.

I dont know if we should fight the restraining order (they never proved half the stuff on it, but we did have proof that some of it was a lie)
Can we sue for our attorney fees due to this false allegation and time away from work?
Can we sue for harassment?

I am just amazed at how no one has even talked to us. Even when the police were called that my son was in the area, why didn't they just call me and ask where he was. I would of let them talk to him. This whole thing could of been resolved with one phone call.

Does my son have any rights at all?


Violation & Enforcement: False Allegations

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