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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 32154
Experience:  Began practicing Family Law in 1992
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My step daughter told us her mom's girlfriend has been

Customer Question

My step daughter told us her mom's girlfriend has been physically and emotionally abusing her
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: FL
JA: Have you talked to a lawyer yet?
Customer: No we are not able to afford one but we have an order and until now things were amicable enough but we want to get her out of there ASAP for now until we get this all sorted out
JA: Anything else you think the lawyer should know?
Customer: This woman tried to talk her into drinking windex
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 4 months ago.
Category: Family Law
Expert:  JD 1992 replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Is there a specific question with which I could assist?

Customer: replied 4 months ago.
I need to know what to file to have her temporarily over here at Dads house and away from that situation until we figure out what is happening and make sure she is safe.
Customer: replied 4 months ago.
An emergency motion I assume but asking for what? Temporary custody? Also do we file a restraining order on her behalf as well?
Expert:  JD 1992 replied 4 months ago.

Is there a custody order in place?

Customer: replied 4 months ago.
we currently have shared custody.
Expert:  JD 1992 replied 4 months ago.

First, because everyone asks eventually, we can't provide forms or tell you how to draft documents. There are a number of reasons for that but, in your case, it's because they are just too complicated to try and explain in a forum like this and, in addition, these have to be drafted from scratch because of the unique facts. You may try and see if they can draft them or you can hire a contract lawyer just to draft documents from a site like or I am so going to suggest, even though you mentioned above that you do not have the funds, that you strongly consider contacting some attorneys and Legal Aid because this is an extremely difficult process and if you don't do it exactly right the judge has no choice but to deny you relief which can result in consequences I'll discuss below.

If there is a custody order in place then you have to go back to the same court and file an "Application for Temporary Restraining Order, Temporary Injunction, and Injunction" in addition, if you want to change the custody on a permanent basis you have to file a Motion to Modify.

The steps to an injunction are:

1) An Application for TRO (Temporary Restraining Order) is filed along with supporting evidence such as affidavits. Usually the Application for Injunction is made at the same time. The TRO is a temporary measure and is not absolutely required before you get an injunction.
2) An Ex Parte (without the other side present) Hearing is conducted and the judge either issues the TRO or denies it. If the TRO is issued the judge orders a bond set in a sufficient amount to compensate the other side for any damages accumulated while the TRO is in place if the applicant fails to prove their right to an injunction.
3) A hearing on the TRO is set.
4) The TRO and notice of Hearing is served on the defendant.
5) The defendant should immediately begin following the judge's orders.
6) The TRO hearing is held and each side has an opportunity to present evidence and question witnesses.
7) The judge makes the decision on whether to convert the TRO to a Temporary Injunction or not.
8) If the TRO is converted to a Temporary Injunction then the judge sets a new bond to be in place.
9) Discovery is conducted by both sides.
10) A request for hearing date is made on the matter of converting the Temporary Injunction into a Permanent Injunction.
11) The hearing/trial is held on the Permanent Injunction and the judge issues a ruling.

These are what are known as extraordinary remedies and the procedural rules for these as well as the case law are EXTREMELY specific and difficult. If ANY mistakes are made the judge has no choice but to deny the relief and will not likely reconsider it in the future.

Just as an example, getting injunctive relief, both temporary and permanent, requires that evidence be offered of:
1) An immediate need,
2) Which, if not granted, will result in irreparable harm,
3) With no adequate remedy at law, and
4) (on temporary order) The person requesting the injunction is likely to succeed at a full trial on the merits.

If evidence is not offered to meet these four requirements, in a manner that the judge knows this is what the evidence shows, then the petition will be denied.

There are more requirements than this depending on the exact facts of the case but it is very, very easy to mess up one of these and end up having to pay damages to the other side just because your paperwork wasn't done properly.

In addition you can consider calling Child Protective Services but, to be honest, I never recommend that because sometimes they just snatch the kids from everybody and let the court sort it out later.

Please feel free to ask any follow up questions in this thread.

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