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rjx Donating Member (477 posts) Send PM | Profile | Ignore Tue Mar-15-05 04:56 PM
Original message
Legal advice needed. Any lawyers?
I don't know where to begin, this is a complicated matter that has been going on for about 3 years now.

Without going into detail I will try to make this as fast as I can.

It is I, my 16 year old brother and my mother that all live with my grandpa at his house that he owns.
3 years ago my mother started hanging out with a guy almost half her age who was on probation for stachatory rape. He was in jail for one year.
This guy has no place in society. He thinks he is a badass and he will become confrontational with anyone at the snap of the fingers.
He walks around with that stupid limp, can't communicate intellectually whatsoever, and his temper is ridiculous.

My mother used to be a great lady before this idiot came into the picture. Now her whole life is basically worth nothing. Its all gone to hell.
I have so many stories I could tell about my mom from the last 3 years of drug use, drinking, constantly telling me to die, that she should have gotten an abortion, etc. Threatening myself and my Grandpa. She is so unrational since she has been using crystal. She thinks she is the victim and can't comprehend anything logical.

She has a lot of hatred towards me because I am the only one that has the guts to stand up at my house and tell it like it is. I have exposed her for probably all that she has been doing. I could probably write 20 paragraphs, but I won't. One thing I have exposed her on is her leaving her meth pipe laying around and educating my grandpa of what it is, and showing him websites regarding meth users and how they act. And what seems to be her biggest problem is that I stand up and tell it like it is about her friend / boyfriend.

My Grandfather is pretty naive at times, he also admits that he just wants to keep the peace when things are calm at the house. At first he didn't really notice what was going with my mother and that guy. I would tell him things and he wouldn't see it, or he pretended he wouldn't see it. One day my Grandpa just woke up and realized that everything I had been saying was true cause he finally started to see it for himself.


The problem I have today.

As if what I mentioned wasn't bad enough already, and keep in mind that what I mentioned is only a small fraction of what has been going on this last 3 years. Almost constantly!

The problem is that her friend is a fucking terrorist of our household. Weather or not it was his fault that my mother went nuts right when they started going out, who knows. But what I do know is that my Grandfathers and my main concern is to keep that guy away from the house for the following reasons.
He was always trying to antagonize me to fight him. He got in my face a few times where I live trying to fight.
He has threatened my Grandfather.
He has been in the house, broke my brothers laptop, thrown coffee all over, and refused to leave.
He constantly comes over to the front of the house causing problems.
My brother said he saw him push my mother in front of his mothers house and hit my grandfathers car.
He is always trying to my family all the private sexual activities they do together.
Before my Grandpa had the guts to ban him from the inside of the house, it was like that prick owned it
The things I mentioned aren't as frequent anymore, but that guy insists on driving up and down our street at all hours honking the horn and he calls the house over and over and over again.

The sad thing is that my mother will defend this guy at all costs and he can do no wrong. She say she is a victim of us, and that he has nothing to do with it.

MY Grandpa and I don't have it out for that guy, all we care about is keeping him away from the house, and him not calling the house anymore.

Within the last year I have been calling the cops on this guy whenever he starts screwing around in front of the house, even for petty stuff. What I regret is not calling the cops when he first started going crazy. If only I knew then what I know now, I would have. In the beginning my mother would talk me out of calling the cops, that he wouldn't do it again, it was a one time thing. The after I started to wise up, she would start going really crazy and say stuff that if we get him in trouble that he would retaliate on her and other BS.

Todays situation is this. I and my Grandfather want to get a restraining order against him. Finally!
This last week has been another bad week and I just can't take it anymore. I have had all that I can take before I snap.

The idiots mother works for a lawyer and my mother supposedly gets advice.

Back 3 years ago before things got bad my mother introduced him to me. Well, I really tried, but I just didn't like the guy. His personality is horrible.
I should add that I play the drums, just for fun. The idiot played guitar and him and my mother talked me into jamming with him. Also, both him and my mother introduced me to 3 other people..2 guys and a girl. They were actually normal and and I liked them. Turned out that they didn't care for the idiot either.

Well I liked playing music with the new people and everyone agreed to kick the idiot out of the so called band.

Here is where I need advice.

My mother knows that my grandpa and I want to get a restraining order against the idiot because #1, he is a non stop problem to our household. And #2, my mom has shown signs of remorse on many occasions, and by keeping him away from the house would enable my mother, grandpa, brother, and I to work our problems out. We have tried before, but the idiot comes around and screws everything up.

My mother threatened my Grandpa that if we took the idiot to court to get the restraining order that she would say that my Grandpa allowed underage drinking during the 2 months those people were coming over to the house to play music.

I think one of the people were 20? I don't know how old they were. All they did was come over to hang out and play music, and I hanged out with them a few times outside of the house. These were people that the idiot and my mother knew, not me or my Grandpa. hell, my Grandpa didn't really want them over here to begin with but my mom had a fit cause these were her supposed friends.

My mom made it a point to always supply these people with beer to be a good host. I assumed she knew there age? Once I purchased beer and they drank most of it. But I thought they were over the age of 20? That 4th of july me and the two guys went to a bar and they got in so in my book that tells me that they were at least 21. I don't know about the girl though. The point is that I never even thought of knowing what their age was because here is my mother bringing them to the house and letting them drink.

Well supposedly at least one of them wasn't 21 and my mother wants to use that as blackmail against my grandfather to prevent us from getting a restraining order. I didn't know their ages and my grandfather hardly knew what was going on to begin with.

Any advice would be gratefully appreciated.
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Sanity Claws Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-15-05 05:06 PM
Response to Original message
1. Involved problem
Your issues are too involved to get any good legal advice here. Besides you need a lot more than legal advice.

You said that the guy was convicted of statutory rape. Is he a registered sex offender? This man should not have been allowed anywhere near the house at all, not with a 16 year old child there. Your mother is guilty of endangering the welfare of her children. The mother (and her boyfriend) should be removed from the house and the child placed in the custody of the grandfather.

Isn't there any place else you and your brother can go to live? The folks around you are insane, to be it mildly. You and your brother are going to need help.

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rjx Donating Member (477 posts) Send PM | Profile | Ignore Tue Mar-15-05 05:12 PM
Response to Reply #1
2. I was trying
to move out, but I was laid off 3 weeks ago. And before that, my mom stole 2,000 dollars from me and that really put a damper on it.

I forgot to mention that my mom got popped for drug charges almost 2 weeks ago and might be going on probation.

She holds my brother over my grandpas head saying that if we do anything she will take him away from us, etc.
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Sanity Claws Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-15-05 05:15 PM
Response to Reply #2
4. Actually he should be taken away from her
Your grandfather probably could get legal custody over your brother based on what you said.
The mother brought home a convicted sex offender, uses drugs, and steals money. Sounds like a slam dunk, if your grandfather is halfway presentable.
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mongo Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-15-05 05:33 PM
Response to Reply #4
8. I agree
I think that you should get child and family services involved. If your mom is kicked out of the house (which I believe she should be), then if you and/or your grandpa make the call and get restraining orders, etc, then custody is almost gaurenteed to be awarded to you and/or your grandfather. Unless you get a total clueless MF of a social worker, this person could really help all involved right now.

If this continues, you need to get your mom out of your life. She has already done enough to you. If you catch her in the house with drugs again, call the cops.

meth is some nasty shit, and it will ruin her as a person.


Sorry you have to deal with this.
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Junkdrawer Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-15-05 05:26 PM
Response to Reply #1
5. Ditto that - and I'll add: don't be afraid to get your mother arrested...
it may save her life - to say nothing about you and your sibling.
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radwriter0555 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-15-05 05:35 PM
Response to Reply #5
9. Yeah, time to get your mom kicked out of the house. Live with grandpa for
the time being and restore peace and harmony.

Your mom needs to move on. Get a TRO against HER and the freak. Let her go live with the dude, since he's more important than you are.

Seriously. Talk to your grandpa about it, since it's his house. He can arrange for custody of your little brother.

Let your mom tell all the stories about your allegedly buying beer for underage kids. Dismiss it, say it never happened and deny, deny, deny. Make up NO stories, admit nothing, the event NEVER happened. SHE is the one with the massive credibility gap. You're the victim.
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amazona Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-15-05 05:14 PM
Response to Original message
3. your mom needs an intervention
Edited on Tue Mar-15-05 05:17 PM by amazona
I'm not a lawyer but no cop is going to arrest your grandfather on the say-so of a drug addict. I don't fully understand the threat. She plans to tell the cops your grand-father served some beer to a 20 year old -- do I have this right -- 3 years ago? Oh brother. Like the cops have nothing else to do but hunt down 20 year olds who drank a beer 3 yars ago?

Of course, always check any legal advice or suggestions you get on the internet with a LOCAL attorney licensed to practice in YOUR state.

My suggestion is: I would get the restraining order against the creep and, if I could find a way to swing it financially, I get my mom an intervention and placed into rehab. Otherwise I would, and I know it sounds cold, get a restraining order against mom as well. It seems to me that the free ride at Grand-dad's house is enabling her to continue in her addiction without any consequences.

On Edit-- I don't see how she is going to get probation or at least keep probation if she doesn't get treatment for her addiction. But since she stole all your cash, I don't see how you can be expected to fund her treatment, which can be expensive. What a mess! All I can do is wish you luck and hope you can find someone to talk to in real life who has more answers.



The conservation movement is a breeding ground of communists
and other subversives. We intend to clean them out,
even if it means rounding up every birdwatcher in the country.
--John Mitchell, US Attorney General 1969-72


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CanuckAmok Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-15-05 05:27 PM
Response to Reply #3
6. Look in the yellow pages...
...find a family and childrens' services agency, and talk to them about this.

You can also call law firms in your area and explain (briefly) your finanacial situation and ask if they do 'pro bono' (free) work. Many lawyers do pro bono as it's a type of community service, and some firms actually insist their lawyers do a certain amount of discount or free service for needy people... not all lawyers are scumbags. Even "regular" lawyers usually charge a nominal fee for your first consultation (like $10), and if the evidence you present to them suggests there may be endangerment of a minor, they are bound by law to advise you, and contact the appropriate authorities to protect the minor(s) involved.

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Lone_Star_Dem Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-15-05 05:30 PM
Response to Original message
7. I urge you to call your local bar association for a legal aid referral.
Here's a link that may also be of some help.

http://www.lawhelpca.org/CA/index.cfm

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Floogeldy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-15-05 07:28 PM
Response to Original message
10. If I understand your question correctly . . .
. . . you are asking:

Should we forego the TRO proceedings because at the hearing my mother is going to publicly accuse my grandfather of providing alcohol to minors?

The answer to your question is "no." The odds that your grandfather is going to get into trouble because that accusation is thrown around at a TRO hearing are slim to none.
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