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After-the-fact: what can be done?

MJL2010's picture
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Does anyone have any experience with a scenario like the following:

At an exchange (DH to BM), at a neutral halfway point that DH kindly offered to take boys to for BM's convenience, BM was horrible to DH. In front of the boys, she called him profanities, ranted and raved, and basically acted emotionally unstable. DH said boys' eyes were wide- they must have been terrified. Sad

DH did not ring police at that moment, as he thought it would be harmful for the boys to see their mother arrested.

(History is that he had an order of protection against her, lifted last fall after it seemed like she was improving. It seems to me that calling the police would be a logical next step but he won't budge, and hey, maybe he's right.) But, at this point, I don't know that even that would make her stop- I think it would up the ante PAS-wise- "Your father had Mummy arrested!", etc...

So, basically, what are his choices, if any, to address this horrid behavior legally? Can he file a post-incident police report? Can he try for a fresh order of protection while there is a petition (initiated by BM) open in family court (we're waiting to get a date, as said petition has been active since March but at one point they thought they'd be able to close it)?? Or would it be even better to just save it and then bring it up in court when we refute the nonsense in her petition?

Thank you.

MJL2010's picture

I have a call in to our attorney and am waiting for his response- but wanted to know if there were any thoughts or wisdom from Steptalkers! I find your advice extremely helpful!

Jsmom's picture

I would call the police and file an incident report. That way you have some documentation for court of her behavior. Good luck.

MJL2010's picture

Great- thank you Jsmom! Iwlass, thank you too- usually they do but last night's drop-off was, ironically, due to her wanting to take the kids for her 4-hour right-of-first-refusal; she requested to have her boys rather than letting them stay with their stepfamily since their dad had to be away last night- and even more ironically, he had driven them to a halfway point FOR HER CONVENIENCE!!! However, I do think that going forward there should be a third party present for such situations....
And what do you know- attorney still hasn't returned my call! This is time-sensitive stuff. I knew I'd get good sound advice quicker here! (Although I really do like our attorney- just sayin'...of course I know we're not his only clients...)

Partyofsix's picture

Do all future exchanges at the police station or other supervised/very public location such as a post office, store/mall or busy bank lobby (where she is aware she is being watched and why.) Security cameras are everywhere.