I am also respectfully requesting the Father be denied unsupervised visitation with the children until a determination of whether the Father is forbidden to have unsupervised access to the subject children pursuant to Respondent's required registration as a sex offender under chapter 62 of the Code of Criminal Procedure.
I am also respectfully requesting the Father be denied visitation with the children until a determination can be made of whether the Father is likely to engage in conduct that would endanger the children's safety or emotional welfare or cause them immediate and irreparable injury, loss, or damage.
"Luke is a registered sex offender and was convicted of employing/inducing/authorizing the sexual performance of a child. But for
Luke misrepresenting the facts and circumstances of the case to me, I would have never become involved with him.
"
During our marriage I never allowed Luke to be alone with the children in order to ensure the children's safety and wellbeing....
"I am uncertain if there are any restrictions required by law regarding Luke being alone with our children
as a result of his
registration status or whether under his present registration requirements he is required to have a certified supervisor present at all times when he is in the presence of any child. I have always personally implemented supervision to ensure my children's safety and wellbeing....
"Luke has been exhibiting increasingly dangerous and unpredictable, behavior.
The family residence was consumed by fire on October 16,
2014. Luke was alone at the home prior to the fire. The residence was totally engulfed in flames within 10 minutes from Luke leaving the
premises_ This is the second time in 14 months our home has been
AFFIDAVIT OF CRYSTAL DIONA MARTIN IN SUPPORT OF AN EX PARTE REQUEST FOR TEMPORARY ORDERS
PAGE 2
MOTION FOR EMERGENCY EX PARTE TEMPORARY ORDERS PAGE 8
destroyed by fire and Luke is presently under criminal investigation for Arson. Sere. 1.1
"Since the fire,
Luke is exhibiting increasingly erratic and alarming behavior. His demeanor is tense and abusive, and he is easily agitated.
He is demeaning and cruel in his treatment towards the children. He threatens to hit them and consistently yells at the children without reason
or cause, telling them to shut up and be quiet. He threatens to spank them for playing and doing ordinary child-like activities. On one occasion
he picked up Charlie, my three year old son, by his arm and held Charlie up in the air at [Luke's] chest level while he spanked Charlie
excessively. I had to intervene in order to get Luke to stop spanking Charlie. Luke was out of control and in a frenzy as he spanked
Charlie. I was fearful that Luke was going to seriously hurt Charlie. "I fear for my children's safety and wellbeing if they were ever
alone with Luke and not properly supervised. I believe Luke presents a present and significant danger to the children.
I believe that Luke's
behavior is unpredictable and potentially dangerous. Since we have separated, Luke, accompanied by his Mother, appeared at my oldest son's school. I am concerned Luke may abduct one or both of my children.
I am also concerned that Luke may try to hurt the children in order to retaliate against me for filing for divorce and/or to deter me from cooperating with an investigation into the fire.
"In the interest of Justice, to ensure the safety and well being of our children...., and in order to counter any immediate and irreparable injury, loss, or damage which may likely occur to the children the Court is respectfully requested to grant this ex parte relief."
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