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DH handled it better than I thought he would - update on need advice fast

no1smaid's picture

I guess the skids figured I woke him up last night and told him. Either that or once they saw his face couldn't hold the secret that they had already spilled to me.

DH and I actually have a day off together today, he even on days off wakes up early, his body is just on that schedule. The skids were getting ready for school and skid#1 stopped doing her hair to talk to him about the cell phone issue. He thanked her for being honest and asked where the phone was. She explained they had talked to me about it last night while he was sick and they gave me the phone.

Per DH he and the skids talked, calmly about the situation, however their talk ran long so he ended up driving them to school so they had enough time to finish getting ready. Since they were honest with him, despite knowing the trouble that honesty could cause, he offered them one privilege back each.

skid#1 chose her clothes
skid#2 chose his bed
skid#3 chose her clothes
skid#4 chose his skateboard

I will admit I am amazed none of them asked for anything electronic! DH woke me up when he got home from dropping them off to find out where I put the cell phone. He and I had a chat and he was concerned I hadn't woken him up. I told him I did not think he needed to handle the situation while sick and medicated, that my plan was to talk to him with the kids after dinner this evening.

DH called his attorney-- the cell phone shows all the phone calls in the last six months. All incoming calls from the grandparents home phone number. DH is taking the phone to his attorney now, I guess they have to file some paper alleging that she violated the RO's using the phone and the prison will check her phone logs to see if she was on the phone, having dialed her parents at those times. If so, it is a violation x 4 for every phone call on that phone. The phone lists 27 different calls over 6 months, so the average is a little more than once a week that she has been calling.

Per DH the only way BM's family will see the skids is with him present. No phone calls, face to face only and he doubts they will try as his attorney is going to send them a letter that DH is aware of their enabling and facilitating the violation of 4 legal Restraining Orders.

What a way to spend a day off, but once he is done at the attorney we are going out to lunch. Then will talk to the kids this evening. Reinforce good behaviors and decision making.

Anyone here in the legal field that can advise? I would think since she is in prison and has 4 active RO's against her, and willfully violated all 4 RO's 27 freaking times that there should be some legal penalty- more jail time or something for BM. As of right now, she is due to have a parole hearing in less and 12 months.

Comments

buttercookie's picture

Usually the violation of the order of protection while in prison results in priviledges taken away or some other punishment. Repeated violations may result in her not getting out for "good behavior". I'm no expert but I'm sure this will be seen as one offense even though it happened several times because they need to be notified each time for it to count as multiple. I'd also see what I could do to stop the kids from seeing any of her relatives, the obviously don't have the kids well being in mind and only worry about their dsyfunctional daughter, which I'm sure they had a hand in creating.

on the fence's picture

You and DH did good! Skids not choosing electronics! You really reduced them down to basics and they are acting human! I'm so proud and happy for you! It must feel so good to have your family united and functioning like that. What a great story!!