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Protective order against my daughter from husband, he tried…

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Protective order against my...

Protective order against my daughter from husband, he tried to retract everything on stand and stop all actions, his attorney threatened jail. Mother also threatened to fight for child if he stopped actions against my daughter,after a break he proceeded with allegations. Can his open court attempt to cease, help my daughter. Order was final for a year.

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

Arkansas.

Lawyer's Assistant: Have you talked to a lawyer yet?

None have replied, she went in today alone, his family pretty much had control as they had an attorney, she was unable to properly admit documents without objections.

Submitted: 7 months ago.Category: Criminal Law
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Answered in 11 hours by:
12/14/2017
Criminal Lawyer: PhillipsEsq, Attorney-at-Law replied 7 months ago
PhillipsEsq
PhillipsEsq, Attorney-at-Law
Category: Criminal Law
Satisfied Customers: 22,393
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Criminal Lawyer: PhillipsEsq, Attorney-at-Law replied 7 months ago

I am sorry, but I am having difficulty understanding your post.

Kindly review, edit, properly identify the parties and your issues, ask specific question(s), and resubmit.

Thank you for your cooperation.

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Customer reply replied 7 months ago
On or about November 25th, there was a heated altercation with my daughter and her husbands mother. The following day the mother claims my daughter attacked her when it was my daughter ended up in hospital and Returned at a later time with police to obtain children. Daughter was allowed to remove children, two or three days later a EOP was given to my daughter, with allegations of drug use and violence. (First time this was ever mentioned). Immediate test was ordered, which later resulted as negative. The question is, if the husband attempted to stop all proceedings while on the stand, because he knew allegations were untrue, yet coerced by his mother and attorney in some way that he could go to jail for perjury, can my daughter use this in a new hearing/appeal? None of her documents /evidence was allowed.She was not represented as attorneys stated they didn't handle exparte cases? She is Hispanic, husband is white male in Arkansas court. Officer clearly states in his report coincidence ( not exact verbiage) that the EOP was saught after the incident on or about Nov 25th. This also was not allowed in court. Excuse my rambling, this child is only a year old, and now a PO is in affect for a year, and possibility of my daughter being placed in NCIC system, in addition she must pay child support??? She has a divorce petition to respond to by 12/29, which also states these allegations. Everything was done on same day EOP and Petition for Divorce. Pro bono attorneys not assisting.
Criminal Lawyer: PhillipsEsq, Attorney-at-Law replied 7 months ago

Thank you for the information.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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Criminal Lawyer: PhillipsEsq, Attorney-at-Law replied 7 months ago

What is an EOP?

Why would her husband attempt to stop the proceedings if her husband was not the alleged injured party, the mother-in-law?

Kindly clarify.

Thank you for your cooperation.

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Customer reply replied 7 months ago
the mother in law, she made it clear to us she was going to make sure my daughter went to jail and lost her son. I believe he realized the severity While on the stand. He and my daughter were speaking during breaks to resolve things, the in law stepped in and threaten to have them both in jail for violating order. Husband told mother to back off, he wants his family back and is leaving with my daughter. Mother threatened him stating she would take son from him as well if he dropped everything. A recess was taken, he returned looking distraught, following through with allegations. EOP (Emergency Order of Protection).
Customer reply replied 7 months ago
This young man was abandoned by his mother at a young age, I feel he needs her approval, at any sacrifice.
Customer reply replied 7 months ago
Let me clarify, the allegations include husband as he was taken by his mother to file, once officers allowed her to remove children from home where incident occurred and also residence. allegations also include abuse and neglect to one year old son. Although no previous filings or reports made against her. When these questions were asked to husband on stand by his own attorney, is when he broke down, turned to judge and asked if everything could just stop. (Because the he knew child abuse was false). He was just in too deep and mother and attorney threatened jail for perjury.
Criminal Lawyer: PhillipsEsq, Attorney-at-Law replied 7 months ago

Thank you for the information and for your cooperation.

I am sorry once more to read about your daughter's difficulties.

The question is, if the husband attempted to stop all proceedings while on the stand, because he knew allegations were untrue, yet coerced by his mother and attorney in some way that he could go to jail for perjury, can my daughter use this in a new hearing/appeal?

Response: Yes, the answer is yes. However, your daughter can only used it if her husband agrees to testify as to what happened while he was on the stand.

Best wishes,

A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

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