Legal Question in Family Law in Minnesota

Hello, I left my kids' father last August & since then have dealt with his crazy phone calls & text messages. A couple months afetr I left I got a new boyfriend who is African American. He started telling everyone how I'm now dating a "dirty n*gger". Long story short, his jealousy has got the best of him. 2 weeks ago he started telling me I was a bad mom and didnt care about my kids because my kids dont like my new boyfriend and I dont care. (Not true, my kids adore him). He told me he was going to call Child Protection and tell them that my boyfriend is abusing my kids and that we are both using drugs. (NOT TRUE). Lo & behold 2 days after that I had CPS at my door. They asked my kids a bunch of questions and made me show them my 5 year olds backside to prove there were no welts on it. My child was scared and was refusing to show a stranger his privates but I had to do it. (SICK SICK SICK). So the man told me that he believes my children are in no immenent danger and that he would be closing our case at the end of the month. 4 days after that he asked to visit with my kids again. Yesterday he came back, talked to my kids one on one in private and once again, made me show him my 6 year old backside!!! OFCOURSE there are no marks on them, they arent abused. He told me that the reason he was back was because their office recieved a copy of a restraining order that my kids' father put against my new boyfriend on behalf of my children so that my new boyfriend cant come over to my house!! My boyfriend has yet to be served but really?! How can he legally do something this? It's bad enough he has had CPS at my house twice now and violating my children's privacy but he's also enlisted the County to aide in his harassment against me. I'm shocked and saddened. How can we fight this? My boyfriend has not and never would abuse my kids. I'm just sick about it. Any feedback would be greatly appreciated.


Asked on 7/16/10, 9:08 am

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

A restraining order is a civil filing.. When brought on behalf of children, it must allege domestic abuse is occurring. A hearing must be heald within 7 days after service and an eidentiary hearing no less than 7 days later. In other words, if contested, there will be a trial in 14 days.

At that hearing, you may file a Motion to ask the court to do an in camera interview withthe children. That means the Judge will speak with them in chambers and not on a witness stand. Ultimately, making a strong presentation is imperative.

For legal representation call 612.240.8005

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Answered on 7/16/10, 9:21 pm


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