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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 19029
Experience:  B.A.; M.B.A.; J.D.
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My husband and I got into a arguement after 6 yrs of

Customer Question

My husband and I got into a arguement after 6 yrs of marriage and mental abuse..i couldnt take it anymore..I suspected that he was cheating since we had our first daughter in 2009. He has been trying to put me out of my apartment he met me and my sons living prior to the marriage..on july 5 he called the police and told them I hit him..i had my 2 older sons there as witness to see i did not touch him..i left when he called the police..i did speak to the police offer and told him I am afraid of my husband..he advised to get a retaining order..he took out the order against me before I could do it..i went to court but was unable to afford a lawyer..the judge ruled 30 days and displaced me from my home..my exhusband then kicked my children out of their home. He is still living in the apartment with our daughters..what can I do to get this injunction removed from my record..we are currently going through a divorce..where he filed the divorce and lied that he did not know where I was..during the injunction our daughters were at my mothers house in another county..he had the judge sign off on a emergency pick up order lying and saying he did not know where I was.. What can I do in this case? My children cry everytime I have to take them back to their father saying they dont want to be there..he smokes alot of marijuana and I have tried to show the judges he has an issue..i just want to get my girls back..he does not groom their hair or even try..As a mother it is very hard to hear my babies cry because they are not happy.
Submitted: 1 year ago.
Category: Legal
Expert:  Phillips Esq. replied 1 year ago.

Hello: This is Phillipsesq. I am a licensed Attorney and I will be assisting you with your post.

I am sorry to read about your difficulties.

If you have a 30-day Order, this means that there will be a hearing after the expiration of the 30 days to determine whether the Order should be extended. So, you have to wait until the next hearing on the case to tell the Court why the Order must not be extended.

As for custody of the children, you can file Emergency Motion for Custody because the father is an unfit parent: smoking and not taking care of the children. You can obtain blank Motion form at the Courthouse in the Clerk's Office.

Customer: replied 1 year ago.
The 30 days passed on the injunction already..i have not returned to the location that we lived at.the judge did not request for us to reappear. After the 30 days the injunction expired automatically.so he filed the divorce and the emergency pick up lying to the courts n saying he didnt know where I was but my children were with my mother based on the order from the injunction.he filed the emergency pick for my daughter so they are with him now..the family law judge states that he is not going to allow my girls to go to another county because its out of jurisdiction. But I had no where else to go
Customer: replied 1 year ago.
How can I get the injunction reversed or taken of my record. This was falsified. Also how can I get my daughters back. He is not communicating with me in regards ***** ***** children or anything for that matter..i am trying to make this as peaceful as possible to make sure the children are safe and taken cared of..but if I ask about the holidays or appointments he doesnt answer me? What can I do?
Expert:  Phillips Esq. replied 1 year ago.

I am sorry, but I do not have ALL the answers to your follow-up questions. So, I will opt out and give another Attorney the opportunity to further assist you.

Best wishes,