Dad Violates Restraining Order to Save his Daughter
May 24th, 2009 by Robert Franklin, Esq.An unnamed Cleveland man grew concerned about the welfare of his 2-year-old daughter and, despite being forbidden from doing so by a temporary order of protection, entered the house in which she lived. The toddler, who is disabled, was alone and unresponsive. The feeding tube she requires was empty and she was living in filthy conditions. There was no food in the house. The girl's mother, Valencia Davis, was nowhere to be seen. Read about it here (The Plain Dealer, 5/20/09).
The child's father called the police who then called paramedics, but,
Before paramedics arrived, Davis returned home with the two other children and screamed at the man for having called police. Davis told police she was the real victim and that it was not wrong to leave the 2-year-old alone, according to the report.
Police arrested Davis.
A few things to consider:
First, it's astonishing that the police didn't arrest the father for violating the protective order.
Second, with a mother like Davis, is it any wonder the man has a TRO against him?
Third, why is this man nameless?
Fourth, what happened to the kids? Did the father get custody? I'd bet money they're in foster care.
Fifth, when the police made their report, did they code this as a domestic violence incident?
Thanks to Kevin for the heads-up.
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May 24th, 2009 at 8:45 pm
"Fifth, when the police made their report, did they code this as a domestic violence incident?"
According to the (brief) article, the mother was arrested and is facing "child-endangering charges". There is no reference in the article to domestic violence of any kind.
What alleged domestic violence are you referring to, anyway? The father's violation of the temporary restraining order, perhaps, or something else?
May 24th, 2009 at 10:44 pm
Dad Violates Restraining Order to Save his Daughter
There is no excuse for a "man" to violate his restraining order. The restraining order is to prevent wicked evil "men" from attacking and "oppressing" women. We need more restraining orders, in fact I think women should be able to print them off the internet as easily as they can make a false rape allegation and get a man arrested...
May 25th, 2009 at 1:21 am
I reckon its the kids who need the protection order TO PROTECT THEM FROM HER. If the only food found in the house was cereal strewn over the floor what were her welfare payments,and if applicable, child support payments being spent on. My ex was the same, all my child support went dow the local hotels while my daughter was often made to go hungry, yet the moronic social workers still recommended that she live with her mother. These so called social workers do not need more money, what they need is a good kick up the kyber pass.In many cases they know what is going on as they did with my own daughter, it does NOT take more money to take a child from an abusive and neglecting parent and give him/her to a caring one its just their stinking culture that the child must stay with the mother no matter what. S ocial workers for the most part care primarily about the mother, very little about the child, and absolutely nothing about the father, i know this because it happened to me and my daughter for 3 years.
May 25th, 2009 at 1:32 am
dont know how to moderate my previous post and dont know why i should as it is nothing but the truth, others have written worse.and there are no swear words in it
May 25th, 2009 at 8:03 am
Sounds like a case of the mother using the PFA to get control in a custody battle.
What tipped him off to the fact that the child was alone?
May 25th, 2009 at 11:27 am
Having been personally in a similar situation (where the police typically side with the woman ahead of a man) and heard of many such similar cases, this is what I think happened.
The police arrived and they probably gave a LONG second thought to arresting the guy for breaking and entering AND violating a restraining order. It's a slam dunk. Ohio is also renowned for being one of the most anti-male states in the country. But... they looked at the situation and saw the evidence and public opinion wouldn't support charging the man. They'd be risking their careers and undermining funding (consider this economy!) Self-interest and doing the right thing intersected.
May 25th, 2009 at 12:27 pm
It's a shame Baby P's father didn't have the courage to kidnap him as he would still be alive today .
May 25th, 2009 at 6:16 pm
PK - that's one possibility. Another is simply that they took one look at the girl and realised there were bigger fish to fry than a concerned father - like the uncaring mother.
May 25th, 2009 at 8:13 pm
[...] Dad Violates Restraining Order to Save his Daughter [...]
May 27th, 2009 at 2:31 pm
I'm pleasantly surprised to see that the cops actually took an apparently appropriate action.
I'm actually surprised to see justice.
May 27th, 2009 at 11:47 pm
I would like to see how this progresses through the courts.
May 28th, 2009 at 3:54 am
This article seriousily makes me want to cry. Not only have I been on the other end of false allegations and unwarranted protection orders, I know what it is like to see your ex abuse the children and get away with it due to the system. I hope they see thru her and bring her down....just sad, plain sad...
May 28th, 2009 at 11:25 am
Good morning, Dave: This is such an interesting situation. I truly believe we all need to look around us and see how we can help one another to live better lives.....iinviting a new neighbor to visit for coffee....thereby getting to know our neighbors and perhaps, perhaps just become a help in their stressful lives. Or delivering a plate of cookies to a new neighbor......being open to one another......sounds Christian, doesn't it? hmmmmmmm
Patricia in Northern California
June 1st, 2009 at 7:57 am
I'd also bet the father does not get custody. My ex falsely accused me of domestic violence, and received a TRO, a few years ago. Even though the charges were dismissd later when she finally admitted she lied, she and her attorney have successfully used that false accusation to keep me from getting visitation orders enforced the past 4 years.
I've had to constantly search to find out where my child lives and who he lives with. I've brought proof before the judge of the neglect and abuse of my child, but they refuse to even enforce my visitation orders so I can even see or talk to him.
He's moved around constantly, misses many days of school, medical records of malnutrition and dehydration. He was even abandoned once when my ex left him to spend a week with her boyfriend. He was only 6 at the time, and (thank God, by some miracle) I found out and was given temporary custody.
No charges were brought against her and he was return to her custody as soon as she went to court, no questions asked. That false accusation has been successfully used as a weapon to get what she wants every time we go to court. They call it the magic bullet, and it sure is for me and my son.
I haven't been able to find them for over a year now, and can't get any help from the system, even though I've filed motions in the court.
Her attorney just walks in and says I was accused of domestic violence and the judge does nothing to help me or even enforce his own worthless visitation orders. Once branded with an accusation of domestic violence and a TRO, it's all over but a lifetime of grief and pain for me and my son.
August 24th, 2009 at 12:38 am
My child's mother left us 10 months ago. I have raized sofia since then by my self every day exsept sunday when her mother came to visit. I filed a paternety case last friday, seeking full custody. Tuesday morning police came and took sofia and served me a TRO. TRO states that my ex is afraid i will kidnap sofia and take her to Europe!! we just came back from our regular vacation to Europe 4 weeks ago. Sofia is 19 months old and has never been separated from me more than 2 days. I am not alowed to call, text wright or go and check on her!!! when the case gets dismised (and it will tommorow) my ex will still have sofia and will not give her back until 23 of septembar when our paternety hearing is (that i started). THIS IS LEAGAL KIDNAPING.