Legal Question in Family Law in Washington
Temp restraining/protection order
Fiance served papers, Ex claiming abuse to minor children. This is intrue, and my own children from previous marriage live in home with us. I will now be involved, to testify on fiance's behalf. There has been no abuse whatsoever.
what is likely to happen now?
1 Answer from Attorneys
Re: Temp restraining/protection order
Its par for the course, unfortunately especially when the ex sees the forms and learns usually for the first time that there is an advantage to claiming abuse.
Critical issue is whether she has a lawyer or not. If so, your fiance needs to get his own lawyer, and it should be a lawyer who gets family law.
There is no reason on this earth why you should be "called to testify". Family law is decided by argument from counsel and declarations from the parties. Actually, it is most frequently agreed because it costs too much money to argue like maniacs through lawyers - save it, take the kids to Disneyland.
If ex is contacting CPS to "report abuse" and they are saying "unfounded" and not opening a dependency case, then she's just doing this to make him miserable. Managed properly, there is serious blowback from this sort of untrue allegation.
And you will have noticed it is difficult to prove a negative.
But not impossible. Just get the best, local, FAMILY law attorney you can find. Best way to find one: go watch the family law docket at your county courthouse. You'll know in a morning who to hire.
Hope this helps. Elizabeth Powell