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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11724
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My husband of two years and I are divorcing and it is very

Customer Question

My husband of two years and I are divorcing and it is very messy. (we have been together almost ten). He has filed a restraining order based on lies, stating I am emotionally abusive. The hearing isn't until next month and I can not see my children for several weeks, until my sister takes a "class" instructing her as to how to supervise me. I am looking for an attorney, and am working with a paralegal. The last attorney I spoke with gave me an hours worth of "advice" and said I can do this on my own. Clearly I can't. Right now, can anything be done about the temporary orders that keep me away from my home(that I purchase before we married) and my children?
Background: he is 35 yrs old, has rarely worked and is claiming to have been the primary caretaker of the children. He has really been more of a pothead moocher. I have tried to get our younger daughter into daycare but he objects. I came home one day and found her acting strange and took her to the ER and she had ingested marijuana (oil) on his watch. I tried to 5150 myself recently because I was emotionally spent working full-time and trying to keep things together. I wasn't held (they said I was "fine"). I take an antidepressant and I have been emotional at times, but this is being widely blown out of proportion and he is also taunting me, threatening me and telling me that I have to pay him alimony. I know I will have to pay him something, but the fact that this guy who has just smoked and grown weed and never really stepped up can do this - it is hard to believe.
My biggest concern right now though is - can anything be done before the court date.
I am obviously retaining a competent attorney ASAP. Not sure what happens when a party and his family lies and lies......this is going to be rough.
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a nominal charge I can offer you a phone conference as opposed to continuing in this question and answer thread. Let me know if you don't want a call and I will be happy continue here with an answer for you.

Either way, whether I call you or not, in order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Are your children from the present marriage?

2. You have been married just 2 years?

3. Who has the children now?

4. Are you saying that you have been denied all visitation for the present, and you may only have supervised visitation?

Thanks in advance,