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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 114763
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I was recently accused of 'reckless endangerment' of my son.

Customer Question

I was recently accused of 'reckless endangerment' of my son. I can prove that these allegations written are false. My son is now being held by my ex-husband until the trial in February and I am not allowed to see him(three months away). How do I move the court date up sooner so that my controlling ex-husband cannot keep my son from me out of spite? PLEASE HELP!
Submitted: 1 year ago.
Category: Family Law
Expert:  Zoey, JD replied 1 year ago.

Hello,

Is this a criminal trial in criminal court or is this a family court proceeding? If the former, have you been charged with the misdemeanor or the felony? Do you have a lawyer for your case?

Customer: replied 1 year ago.
I was given a 'Petition- Violation of Court Order' and a 'Temporary Order of Protection'. Family Court. I have not been charged with anything. I do not have a lawyer and do not wish to be represented. I also have proof that my son has been neglected to the point of needing medical assistance while at his father's house.
Expert:  Zoey, JD replied 1 year ago.

Thank you. I thought this was a criminal matter. I'm going to opt out and another lawyer can pick it up.

Customer: replied 1 year ago.
Thank you.
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.
I am a DIFFERENT CONTRIBUTOR and look forward to working with you to provide you the information you are seeking.
There is only one option here to try to get a hearing sooner and that is to file an emergency motion to terminate protective order and you need to convince the court your son is in some imminent physical danger where he is located and is being injured there in some manner and ask the court to order the child removed from there and returned to you or to at least allow you visitations to check the welfare of the child.
This is not going to be easy without witnesses and evidence and it is going to be virtually impossible for you to do this without an attorney as it is too emotional an issue and the court needs only the facts and if you throw emotion in there it tends to turn the court off.