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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 99744
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My wife gotta temp restraining order to gain advantage in a

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My wife gotta temp restraining order to gain advantage in a divorce. That was in feb. with this she had required supervised visitation and I was banned from access to my house and my possessions. I thought a restraining order was only good for 14 Days in Texas? I have to drive 450 miles round trip to appear at the hearing. Court started at 9am and I am pro se. Somehow the lawyer convinces the judge to have me go in hall and talk to apposing attorney. My wife insists that she needs a psych eval before she will let me have unsupervised visits. I gave her one from mental hospital but she said she wants a different one. She is trying ton alienate out daughter and me and is using my desire to see her and be a part of her life. I cannot tolerate her abuse she throws at me everytime we see each other and I think its bad for my Daughter. How can I defend myselfnandnhave this thing go away or be heard?.
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Sadly the obtaining of a restraining order is a tactic of low life attorneys who advise their clients this gets them an advantage in spousal support and child custody matters. It does nothing most times other than hurt the child.

The restraining order is good until vacated by the court and the court should seek to hold a hearing on an ex parte motion within 14 days "or as soon as practicable," which means a reasonable time from issuance of the order.

If you have given one evaluation, she has no right to insist on another and as such you need to file a motion in court to have the court accept the evaluation that you have submitted. Your daughter is also at the age where the Texas court will consider the testimony of the child and the wishes of the child in a custody matter. The wishes of the child can be considered by the court as long as they are not the sole deciding factor of the court in determining what is in the best interests of the child.

You need to file a subpoena for the child to testify in the custody hearing and ask the court to consider her wishes. Also, you need to file a motion to accept the psychological evaluation as submitted and get the court to force your ex to accept what you have already provided.

If at all possible, since the court keeps making you deal with her attorney and the attorney seems to be playing you, I would suggest considering getting your own attorney involved to protect you from the low life your ex is using who would have her stoop this low to interfere with the relationship between yo and your child

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Customer: replied 2 years ago.
Is there something I can file to access my belongings that are still at my home? I was blindsided with the order and since aT the time I thought I was still living there, I did not get an opportunity to get my belongings or my deceased fathers property from the house. My wife tells me I cannot go into the house and she will put my stuff on the porch but I don't even know what I have anymore so I haven't a clue what to ask for. She will only give me specific items I ask for and nothing more. I also found out through Facebook that my wife removed all of my military awards and citations from the wall as well As all of my pictures. This act upset my daughter to the point of tears and she took pictures of the pictures to post as wife was removing them. My wife also told her had daddy wanted the divorce and asked for it first and that what of daddy made us move. My daughter doesn't understand why I would make her leave her friends. I'm getting frustrated with her demeaning emails and texts blaming me for everything when she filed first and chose to be nasty when I begged her to leave daughter out of the mess. I offered her everything but my personal effects to not drag her through anything. She took everything with temp restraining order and also kept my daughter. I know have concern for my daughters mental health as wife is cussing and getting angry at her for nothing. One time last week I tried to text daughter and she was hiding be ause her and her friend were afraid of what will happen cause mom was "cussing and really mad" about them playing in the sink. I texted wife to see if everything was on and give her some resources when daughter told me that she is mad that no one will give her money. She flipped out and told me to stay out of daughters business. I told her to calm down and stop cussing in front of daughter. She continued. I threatened to send police to check on daughter if she didn't be I herself and she told daughter that I was calling police to Arrest her and how i thought idid she feel now that she will be all alone when she gets taken away. My daughter begged me not to have her taken away. And said she loved mom no matter what. I was so shocked I didn't know how to respond. If I call police to check on them , will Genevieve be taken Away to foster care since I have a temp restraining order in place? It seems like I have tied hands on ensuring her safety without resorting to foster care. Please advise before I make any more mistakes.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your response.

If she will not make arrangements for you to retrieve your property in a reasonable manner, you would file a motion for replevin in the court which is for a court order for her to allow you to recover your property from the house. The court will generally order the police or sheriff to accompany you when you go recover your items.

No, if you call the police to check on them they will not take her away to foster care, they will determine whether or not there is abuse involved and if the child is safe they will simply leave.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 99744
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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