I had a TPO, I loss at the PPO hearing. The next day my husband returned to the house and started bullying me into backing away from the divorce. He wouldn't leave and ended up sexually assaulting me. The next day, he came back again. I locked the doors, packed me and the kids and packed the car while he mowed the lawn. He said, " I am moving back in on Wednesday, you will have to make other arrangements." I am now in a battered women's shelter, and he is in our 2400 square foot house. I am living on credit cards, and the balances are mounting. How can this be fair?
Country relating to Question: United States
State (if USA): Colorado
My attorney knows the circumstances, but she hasn't tried to get me back into the home. We have been at shelter for 3 weeks. I just dont see how it is fair that a wife and kids are forced out, and he sits in a 2400 sq foot house by himself.
Hello and thank you for the question. I am sorry to read of this dilemma. This is completely unacceptable. You must demand your lawyer take action or else replace your lawyer. If you have a TPO, you may go to the police and file another complaint. The police should escort you back to your home, and arrest him based on charges of sexual assault. Having the police with you or having them arrest him before you go back, will help begin to resolve this.
Once I got to the shelter, I did get another TPO for the sexual assault, but my attorney recommended I make it a no contact order. But, the kids and I are still at the shelter and he is in the house with visitation with our 6 year old son wed thru fri. I feel like I am getting the short end of the stick.
Your lawyer should be running into court to seek immediate modification. If he assaulted you, the court should stop all visitation and make any visitation at least supervised and at a neutral location. You also cannot be left without a living arrangement or removed from the home. The police can help get you back in and arrest him for his criminal conduct.
I did get Forensic exam and pressed charges. The case has been sent to the adult sex crimes unit, but no charges have been filed. I just don't understand how he is getting away with living there and the kids and I are in the shelter. He is slinging mudd at me, has told his attorney that I moved in with my former husband in dirty conditions and that he fears for our 6 year old. All the while, he knows I am in a shelter because he asked our son where we are living. our son told him a hotel, but he questioned him further and our son told him a shelter. I just wonder how this all is going to look to a judge at temp orders.
The judge is going to get you the relief you are seeking. The record does not bode for him for visitation or occupancy. The issue now is getting this before the court immediately. Your lawyer should be filing an application ex parte for immediate hearing! If he will not, you can find new counsel through martindale.com I wish you best of luck!!
Thank you for the advice. I don't actually think my attorney really cares about the circumstances I am living with. She knows temporary orders are over a month away. She has to know how difficult it is to live in a shelter. I am going to tell her she has to get me an immediate hearing.
Yes, you need to be agressive about it (sadly) and if that doesnt work retain a new lawyer. I sincerely XXXXX XXXXX a quick resolution to this difficult period and hope the future brings you better days. Good luck. Kindly positively rate my answer.
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