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I am married and my home is in my name and my wife’s name. I…

I am married and...

I am married and my home is in my name and my wife’s name. I haven’t done anything wrong and have proof of all the house payments coming from my paycheck. She threaten me , “I am putting out a restraining order on you” how would work or happen

Lawyer's Assistant: Is there ongoing abuse or harassment? How recent?

This happen last night and no abuse other than verbal and emotionally. She drove off drunk with my 8 year old daughter last night as well after threatening me

Lawyer's Assistant: Were the police called? What happened?

No police were called . I let her leave on her own will. But I am sure she’s trying to get the restraining order to to get me out of the house.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I just want to know how this would pan out and what I should do to protect my self from making a wrong decision

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Answered in 8 minutes by:

6/25/2019

Criminal Lawyer: Andres Sanchez, Lawyer replied 6 months ago

Andres Sanchez, Lawyer

Category: Criminal Law

Satisfied Customers: 1,588

Experience: Criminal Defense Attorney

Verified

Hello. I’m happy to try to help you. Do you still need assistance

Criminal Lawyer: Andres Sanchez, Lawyer replied 6 months ago

Well she can certainly seek a restraining order and try to remove you from the residence but the court would have to determine if her claims is sufficient. If so a temporary order may be ordered and you would have to leave the home until a final hearing is held usually a short time laterYou may want to seek a restraining order on behalf of the child which might remove her from the residence and cite her driving drunk with the child present

Customer reply replied 6 months ago

That’s helpful . I have never hit her and there’s no past events in a 12 year relationship. What would the court need to see a sufficient reason. And if she filed on today how long would this take for a judge to look at and process.

Criminal Lawyer: Andres Sanchez, Lawyer replied 6 months ago

The court would need her to state any incidents where you had threatened her or acted in violence against her. Normally the court would make a decision within a few daysYou would have to be served with the order before it takes effect

Customer reply replied 6 months ago

a restraining order on the behalf of the child with no proof how would that work. Just like her with no proof other than when she fell down drunk on the side walk and cut her knees and hands up from the fall. Nothing on her face or neck or any grab marks.

Criminal Lawyer: Andres Sanchez, Lawyer replied 6 months ago

Again any petition for an order requires the person to state any incidents where the person feels they or the child has been harmed or placed in danger

Customer reply replied 6 months ago

Sounds like here say without any proof. How successful would she be it sounds way to easy to screw my life up?

Criminal Lawyer: Andres Sanchez, Lawyer replied 6 months ago

The judge determines whether the allegations are sufficient. It may be enough to get a temporary order but there has a hearing regarding the order where testimony is taken and the court can weigh the evidence

Customer reply replied 6 months ago

If I filed the restraining order for my child could that backfire on me in any way.DHR wise.What happens if they pass the restraining order on me. Where am I suppose to live or go. And who pays that expense is that a counter sue or anything I can do to protect myself from being homeless on this I have a job I need to keep.

Criminal Lawyer: Andres Sanchez, Lawyer replied 6 months ago

I don’t believe so, the allegations would only concern her actions not yours but it could mean they open an investigation. I don’t believe it affects youIf the temporary restraining order is granted you would have to find somewhere to stay. I don’t believe you can counter sue

Customer reply replied 6 months ago

since we share a house and I pay all the bills . Where’s it go from there? Does the court determine about divorce or what. And if I could afford a lawyer will they appoint me one.If I couldn’t afford a lawyer my mistake

Criminal Lawyer: Andres Sanchez, Lawyer replied 6 months ago

Divorce would be a different thing. One of you would have to petition the court for divorce. You are not appointed an attorney for divorce.

Customer reply replied 6 months ago

if I am legally married how long if the restraining orders length. Is it Forever or would I have a follow up or a anger class or something and what about seeing my kid.Is there a way to see if she even went through with the restraining order would they tell me at the courthouse over the phone.

Criminal Lawyer: Andres Sanchez, Lawyer replied 6 months ago

You could call the courthouse or look online on the website for the clerk of court of your county

Customer reply replied 6 months ago

Ok. How long would the restraining order go months years forever. And how would it get reversed. How can she keep me from my child or knowledge of her safety.

Criminal Lawyer: Andres Sanchez, Lawyer replied 6 months ago

It would be temporary until a hearing is held, then if made permanent it would likely last for at least a year. You would have to motion the court to dismiss it. She can’t keep you from your child. In some states there are laws concerning parental kidnappingI hope this provides you some guidance. Please accept the answer and submit a rating if you could

Customer reply replied 6 months ago

I’m in Alabama does this effect in that way

Criminal Lawyer: Andres Sanchez, Lawyer replied 6 months ago

I don’t think so but the best bet to ensure time with your child if a restraining order is granted is for the court to set up time sharing while it is in effect. If dismissed thenit would be moot

Customer reply replied 6 months ago

Would be moot? What’s that mean

Criminal Lawyer: Andres Sanchez, Lawyer replied 6 months ago

That means it wouldn’t be an issue.

Criminal Lawyer: Andres Sanchez, Lawyer replied 6 months ago

Does that help answer your questions

Andres Sanchez, Lawyer

Category: Criminal Law

Satisfied Customers: 1,588

Experience: Criminal Defense Attorney

Verified

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