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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 33802
Experience:  16 yrs. of trial experience
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I am a disabled mother and dv and assault victim. I filed pd

Customer Question

I am a disabled mother and dv and sexual assault victim. I filed pd reports, dvro and divorce. The lawyer i hired was not prepared in court, didnt even file the i & e and didnt speak up in court. As a result, no support was ordered, my ex was allowed to move back into our apt every other week, leaving me 4 days to move out and return a week later. I have no where to go, no money am disabled and a victim of financial, emotional, verbal abuse and sexual assault. The judge was ready to go home as was end of day amd didnt allow me to defend myself with the lies my ex told in court and just made her decision off that so she could leave. Now i am basically homeless every other week. Although my illness doesnt affect me caring for our kids, i am a brain tumor survivor and have a debilitating bone disease and am not in a physical position to move each week. Also since he returned he has broken things in the apt and thrown some of my belongings away. The judges point was stability for kids but my daughter wasnt there almost his entire week there, and my 12yr old son is wetting the bed as a result. I do not know what to do. I even called dv shelters and all.are full which means i may end up sleep8ng in tomorrow.
Submitted: 7 months ago.
Category: Legal
Expert:  P. Simmons replied 7 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 7 months ago.

I am sorry for this dilemma. But not sure I understand your specific question. Do you have a question regarding this?

Customer: replied 7 months ago.
i would like to know what i can do to change the order emergency status because it rendered me homeless i have no money or access to any and gave my last $45 to this site for help so unfortunately cant accept phone offer. The judge didnt give a fair hearing and allowed him back in my home every other week leaving me with nowhere to go amd i am disabled, i dont know what to do and the lawyer on my case isnt familiar with domestic abuse cases but didnt state that until after the fact so she clammed up in court and didnt even submit the i & e so i could have support at least ordered. My husband earns a six figure income and i have no resources at all
Customer: replied 7 months ago.
What options do i have to go to court on emergency? My lawyer allowed the 10 day time period to lapse to file a motion to reconsider so no longer have that option
Expert:  P. Simmons replied 7 months ago.

You need to appeal the ruling. That is, under CA law, you have 30 days to file an appeal on a ruling from the family court judge.

This 30 day window is a strict MUST file the notice of appeal with the appeals court within 30 days of the ruling.

Appeals are complex...not something you should try on your own. You will need an attorney to assist. IF you can not afford an attorney, consider contacting your county legal aid office to see if they can provide low cost or free assistance.

Bot***** *****ne; you can appeal this...but have a limited time to do so

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work

Customer: replied 7 months ago.