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Recent Restraining Order questions

When my divorced was finalized, judge ordered the sale of

When my divorced was finalized, judge ordered the sale of the property and the equity split 50/50. I am a 100% disabled veteran, purchased the house using my VA benefits. I have been occupying the house while my ex wife moved out. There is a restraining order against me and she managed to falsely accuse me of domestic violence and after a long and very controversial trial, I was convicted of DV and I served 3 months in jail. During her testimony she committed perjury on several occasions. During the divorce trial proceedings, it seemed to me that the judge was not being fair to me, perhaps because of the results of the criminal case. During the last two years, I have been the sole occupant of the house and I have made upgrades such as inside and outside painting of the house, made significant upgrades to the front and back yard area, and converted the garage into a living space. I paid for everything and I feel that the equal distribution is unfair. I am trying to buy her out instead of the house being sold since our two children are currently living 100% with me even though I have 0 legal and physical custody. She also refuses to reimburse me for the expenses of the upgrades to the home. I am still unemployed and even though the judge ordered me to vacate by the end of the month, I have not found adequate housing for my children and I. can I go back to court and ask the judge for an extension on vacating the house? also, can I ask the judge to reconsider the fair distribution of the property?

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P. Simmons

Attorney

Doctoral Degree

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After filing divorce husband is contacting people not to

After filing divorce husband is contacting people not to give shelter or help to his wife,is it violation of court restraint ?

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Samuel II

Attorney

Doctoral Degree

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I am in the middle of custody case right now with my sons

Hello, I am in the middle of custody case right now with my sons father in Colorado. I am trying to come up with parenting plan, but can't come up with anything that feels safe, and in the best interest of our son due to his well documented history with alcoholism DUI's and DWAI's. I fear for my son now while he has visitation with his father per the restraining order I was granted. I recently pulled bank statements to our joint bank account and found out that he is drinking/purchasing alcohol several times a week although he is on probation for DUI he got in April of 2014.What should I do??

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LawTalk

Attorney at Law

Juris Doctor

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My daughters mother is keeping my daughter from me and we

My daughters mother is keeping my daughter from me and we have both moved out of the county that our court order is filed in. She obtained full legal and physical custody of my daughter by making allegations against my son who is from a previous relationship and involving CPS. A full investigation was done and the findings were inconclusive yet the courts still sided with her, and stated that my son is not to have contact with my daughter and that I can only see my daughter under professional supervision to ensure that I do not allow them together. Our order states that I am allowed to attend my daughters extra curricular activities and talk to my daughter on the phone twice a week at specified times. I know what city my daughter lives in but do not know where she lives and the mother has changed her phone number. I have tried to contact her via Facebook and email several times but she is not responding. What can I do to regain contact with my daughter when we live in different counties from each other and from where our court order is filed?

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FamilyAnswer

Juris Doctor

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I went out of the country weeks travel. I informed the Dad

Hello, I went out of the country for 2 weeks for international travel. I informed the Dad and our Son's Minor's Counsel but both claim that proper notice was not given. So the Minor's Counsel filed an emergency motion asking Court that a) I return immediately, b) Father to have temporary physical custody until the next court hearing date which is on 6/26.I returned. We already have a custody plan in place. On 6/26, will the original custody orders remain or do I have to fight for custody all over again?

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I have a restraining order against my ex-girlfriend here in

I have a restraining order against my ex-girlfriend here in Georgia. During the hearing last week, she told the court that she was going to be contacting family services because she felt like I had contacted them on her. She had made several false allegations against me during the hearing and they were all dismissed by the judge because she could not provide burden of proof. She even had her kids provide testimony to the allegations and through discussion, the judge discovered through her kids admission that their testimonies had been "coached". A few days later my ex-wife had gotten a phone call from family services that they would be coming by to talk. Allegations were made to family services that there was domestic violence in my ex-wife's home between she and her husband, which there are absolutely none of. We all sat down and talked with the family services worker, I explained to her what I had just went through with my ex and demonstrated to her that my ex is simply just trying to cause problems. We are waiting for family services to conduct their process and receive the allegation dismissal letter from them. Is there anything that we can do to protect ourselves from the harassment and libel that my ex is doing? I know that we can pursue her in court for libel in a civil matter but what we really want is for a criminal judge to threaten her with a jail sentence in hopes that will catch her attention and get on with her life.What are your thoughts for the best course of action?

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Roger

Litigation Attorney

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I was served recently by my liar neighbor, who hates me and

I was served recently by my liar neighbor, who hates me and others in my HOA, a frivolous temporary restraining order, JElder or Dependent Adult Abuse Prevention. I am innocent. My court date is 1:30pm, on Thursday, July 28th, in the Pitt

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P. Simmons

Attorney

Doctoral Degree

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Why is it in California my husband can choose to show up at

Why is it in California my husband can choose to show up at my house anytime he wants and do whatever he wants when police are called they said they can do nothing because he's my husband and the father to our children but everytime I go to his place where he's living cops are called on me can cops tell me I cannot be there it's against the law and they'll arrest me just because he's living with somebody else who is paying the rent literally the last time I went there was a drop off boxes to where he was staying and they called the cops on me not him but the people that he's staying with why is it not okay for me to show up where he lives to drop off kids or the drop off belongings not causing any trouble at all just dropping either my kids or his stuff off and they're calling cops on me every time but he's allowed to come to my house and cause trouble when he's fighting with myself and my children throwing things at me or moving his self into a closet for days on end and I called the cops and they tell me I can do nothing about it why

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ScottyMacEsq

Doctoral Degree

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My wife and I are currently separated and she has left the

My wife and I are currently separated and she has left the marital home (6.28.16) and has yet to inform me where my child resides at night. She filed an EPO and PPO against me and during the court hearing (7.19.16), the judge dismissed her claims. Since the hearing she has made it challenging for me to see our daughter and refuses to see me on a daily basis. She disconnected the phone and disallowed contact with my daughter, until I secured a prepaid line. Am I able to petition the court for a restraining order against her for emotional abuse? She suffers from diagnosed manic depression and anxiety and I am concerned with the safety of our child.

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Lucy, Esq.

Juris Doctor

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