Claris Law Legal Blogging Community

Editor: Tampa Criminal Attorneys
Profession: Tampa Defense Attorneys

Category: Domestic Violence

The client/respondent was a United States Navy military police officer stationed out of Portsmouth, Virginia. Between 1999 and 2000 he had a relationship with the petitioner that resulted in the birth of his son. After a period of time the client separated from the petitioner and she took the child to California. As years past the x-girlfriend made it very difficult for the father to see his son, but eventually he was able to make contact. Although the client met someone else and got married, he remained devoted to his son. In August of 2008 the petitioner/x-girlfriend agreed that the child could fly up to Virginia to visit his father. Shortly after the boy returned the mother claimed that the father had sexually molested their son during his visit to Portsmouth, Virginia. The petitioner/x-girlfriend/mother filed a petition for an injunction against domestic violence on behalf of her son in Tampa, Florida. The findings made by a number of government agencies led us to believe that the mother coached her son to make these allegations when she learned how much the child enjoyed being with his father. Obviously, an injunction of this type would permanently destroy any relationship between our client and his son. We believe the intent of the x-girlfriend/ petitioner was to convince the judge in the injunction court to enter a permanent injunction to protect her son(involving these allegations of sexual abuse against the child), and then use it in a custody dispute in front of a different family law judge. This practice is far too commonplace in domestic violence injunction court. The issue is not a threat to the petitioner, but an attempt to get an advantage in a custody dispute. Unfortunately, many times family law/divorce attorneys play a major role in these types of frivolous actions. The facts of this case ultimately led us to file a motion to DISMISS which the Court GRANTED. Find out more about the questionable tactics that some tampa lawyers employ in an attempt to get the upperhand in a custody dispute.