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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 91065
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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my ex husband filed an ex parte against me ..I had no idea

Customer Question

my ex husband filed an ex parte against me ..I had no idea what he was up to and not a word was said to me from him. He helps me with daycare pick up 3 days a week ( I have had the same corp job for 13 years) he also remarried last summer ( her and I were fine until the day they got married, then I was bad ex wife and he shouldnt be around me) I left him in 08 I had to end up putting a fork in it the marriage was dead for 3 years out of the 12, the divorce was finial in 2011. I was up to be able to modify support and the parenting plan per our papers. I know he got 4 raises and a huge bonus this year, so when I told him I am needing to do this (we have a special needs son, thearpy is $$, he is 10)
I was served last month ex parte being accused of using drugs, drinking and mentally impaired due to long time use, ok I am allergic to most hard liquor I like wine on seldom occasion, along with the papers were pic's he took of a pipe and drugs in my bathroom (he's even wearing gloves holding the pipe) and demanded I take a hair follicile test with 24 hours .never did he say anything to me of concern (because there is none) didnt call CPS didnt call the police NOTHING..not even a word in our divorce papers 2 years ago or my family,,again because I do not do drugs or am a drinker or mentally ill,,,the thing he said to me when I confronted him ..the main thing was,,,now you will now what it's like to pay child support and me run the show... he always told me if I ever leave he would go to mexico or quit his job,,he quit his job 4 days later,,I allowed guilt to not make him pay for child support for 3 years after I left,,I didn't even ask for back support...he blames support for him and his wife;s money issues ( I only get 600 a month that includes all even daycare, he makes close to 75,000 and the wife 32,000) also, last thing his new wife is an "ex" drug user ,,her fav is meth I knew right away when I met her,,I said to him,,so an ex tweaker huh??.. he said yeah but not anymore,,so makes sense what word to throw around in court to get what he wants till our hearing,,1 thing in regards XXXXX XXXXX hair test,,1 weekend I went out with my girl friends and stupidly did a line of coke and later told meth was mixed in it also...I didnt tell anyone other than my friends I went out with...so there was a blip small trace on the hair test,,and a judge who didnt know how to read those test demanded my son be removed that night to my ex who openly admits to the courts he uses pot daily and is seeing someone for his anger, I did a UA it came back neg...I had an attorney who I fired on Friday, she judged me right off the bat cuz of the drug I was being accused of and showing a trace ,,she didnt care my ua (have done 3 to prove Im not an addict and there is no long time anything,,AND I know he planted that pipe and drugs,,there no where to be found at my place) NEG and had a shift in lack of doing anything in my favor,,she was actually allowing him to tell me what says for 6 hours (judge only wanted to give me 4 I found out) our hearing is the 5th naturally I am going to req a countiance....I also have letters from my dr's stating never would they think I was on drugs ever , letters from family and friends stating that my ex is outta his mind....any adive would be great,,thank you and sorry so long
Ellen B....wa state
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

The use of ex parte and restraining orders of this nature are done by low life lawyers who believe that making these allegations strengthen their clients cases. In reality, they only strengthen their client's case if the evidence is true. Of course a hair follicle test will prove you have no history of drug use and if you can prove he planted the evidence and has lied to the court you can also move to get him sanctioned and fined by the court, including paying your attorney's fees. They can tell by the level of the drug found the amount done and how long ago it was done, but it is not up to the judge to read the test, it is up to you to present evidence to the court by expert testimony of what the test results mean.

If your attorney is not properly fighting for you and representing you, then you are free to get a new attorney who will fight for you and you should do so.

Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

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Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Customer: replied 1 year ago.

Hi and thank you! I'm in Washington state and need to find a "bulldog" type of attorney that specializes in drug or false accusations. ..I'm in pierce county, is there a website or a # XXXXX could suggest? My ex's attorney is a slime ball woman hater...


Thank u so much for your answer to my first question!

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response. I must apologize but the rules of this site forbid us from making personal referrals. The best we can do is suggest the same sites used b other attorneys, http://www.martindale.com, http://www.lexmundi.com or http://www.hg.org. You need to look not only in your county but some of the larger cities near you as we'll to find a family law attorney who can be as tough as you need him to be.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 91065
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 2 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Am I able to ask or start over? Sorry I'm new at this:)

Expert:  Law Educator, Esq. replied 1 year ago.
What more do you have to ask? Please do so by using "reply to expert"
Customer: replied 1 year ago.

grrr I did ,,tyoed it all out and clicked on reply to expert,,,but I think I need to start over so you get paid for it...thank you!

Expert:  Law Educator, Esq. replied 1 year ago.
I am very sorry for any technical issues you are having with the site. Please accept my apologies. If you want to start a new question, please do so and if you would like me to respond, then in the headline of your question simply state, "For PaulMJD..." and I will be sure to get to you as soon as possible.

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