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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111450
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I received paper work from my soon to be ex husband attorney

Customer Question

I received paper work from my soon to be ex husband attorney about child custody and visitation rights. He has a cdv case and I went an file an emergency hearing for a restraining order the judge said he is not allow to come near me or the children for the next 6 month an all of a sudden I get hit with this. My child is going thru counseling and she told me that at the moment she doesn't recommend for him to be around my child. He is an alcoholic and becomes verbally abusive and violent when he drinks. My child has seen this and she is terrified of him. I don't know what to do and I am desperate for some legal advice.
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 for educational purposes only.

You need to file an objection to the custody/visitation and you will need to cite the DV restraining order and also have the counselor called as a witness to testify regarding the custody/visitation not being in the best interests of the child. If you are having these issues with him at this point, you really should be considering using a local attorney to represent you and file the objection with the court to his motion, but no matter how you decide to proceed with or without an attorney, you need to file an objection to the motion. In the motion you need to present evidence of the DV and restraining order, you need to subpoena on the counselor and they need to come to court and testify.
Customer: replied 1 year ago.

on the family court coversheet the motion is for separate support and maintenance. I also have in my possession 4 separate incident reports the last one been the charge for cdv. can this be also used as evidence not to mention pictures of when he basically destroy the house and a recording from my sons phone where my daughter is screaming at him to leave me alone and that she was calling the cops. at this point I cant afford an attorney he has left me with debt no car and three month behind on house payment. I work but it I don't make enough to support my children and he is asking for me to support him. this is crazy.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.

Yes, it is crazy and he is counting on you to not be able to get an attorney and fight him and it really is a way that he can continue to control you.

The incident reports of the domestic violence and the restraining order would both be used as evidence against him. The photographs and recording would be very helpful to the court as well in your fight against him.

However, as domestic abuse is involved, go to legal aid and also the local spousal abuse center as many times they will have attorneys to help represent those who are victims of abuse and it is always better to go in represented by counsel.