Q: Can I go to Jail or loose my Child?
I got a restraining order on my husband. He was suffering from a mental illness that I tried to help him with by involuntary commitment. He was homeless so I took him back for a little bit. I realized my error when his mental illness got worse and he started having delusions. After I got him out he became vengeful. He started posting bad things about me on facebook including my number and how I asked him for money. He has threated to call the police and tell them I violated the restraining or for letting him comeback. I have opened my eyes to how deeply sick he is and I cannot help him but now he is after me. He believes I have cheated on him but this was part of his sickness. The rearming order says he is allowed visitation 1 day a week but the person assigned in the protective order (his uncle) does not want to do it anymore because my husband threated him will I get in trouble now if he does not get his visitation? He is supposed to give me $50 a week court ordered but has not paid
A: Your story doesn't quite add up - homeless sick people aren't ordered or should be expected to pay $50 a week in child support and people who legitimately need restraining orders don't let the offending person back into the house and involuntarily commited people who are as sick as you alledge aren't let back out - so while he may not be pleasant to be around, odds are he ain't as bad off as you are making him out to be. Anywoo, presumably the restraining order applies to him so unless you were also ordered to stay away from him - you likely did not violate the restraining order - he did. Even if you invited him. Likely the worst case scenario for you is now it will look to the Court like the things you may have stated under oath in your restraing order was a lie. So he will be able to a least use that against you - and rightly so. As to the visitation - if he is entitled to it you could get into a bit of trouble if you unilaterally deny it without some extremely good cause. Given that it seems you may have grossly over exagarated his 'sickness', you ought to think twice. However, if he is suppose to be surpervised and isn't that might be good enough cause to deny the visitation (assuming the basis for that order is legitimate which given your own admitted track record may not be). Of course, if I was involuntarily committed and had a bogus restraing order taken out on me and allowed a mere one day a week with my kid - I'd likely be pretty desperate, pissed off and seeking a little pay back too. Best of luck.
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