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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11764
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am the victim of extreme physical and mental abuse. I presently

Customer Question

I am the victim of extreme physical and mental abuse. I presently have temporary orders in the divorce where I have sole custody. There is presently an order of protection that restricts my ex-wife from visiting without supervised visits. At the temporary order hearing the Judge believed that my testimony in relation to my income was disingenuous and ordered me to pay $5,000 in legal fees and $1,000 a month in spousal maintenance. Remember, my ex-wife was removed from my home because of the order of protection. The order of protection was upheld by the same Judge that awarded the temporary orders. My ex-wife and her attorney perjured themselves in court to gain favor with the courts, in the discovery process, my ex-wife has proved this assertion. My attorney told me not to pay the spousal maintenance because he filed a Special Action with the Division II Court of Appeals in Tucson. I lost the Special Action and now have a contempt hearing scheduled April 6, 2010 in Pinal County. I make $3,000 a month. I pay $1,475 in separate child support orders, I pay for my ex-wife’s supervised visits in the amount of $180 a month, I am forced to pay my own court ordered counseling of $600 a month. To add insult to injury I do not receive child support for my son. I know that when I go into court on April 6, 2010 this Judge will send me to jail. The only way I am able to pay to catch up to the Spousal maintenance order is to borrow the money. The problem is that if I borrow the money I will be unable to pay my rent, child support, and other court ordered issues related to the case. I have no money to pay for a new lawyer and frankly, I believe I have been ill advised throughout the process. Every fear I had prior to filing for divorce and the Order of Protection has come to life. The Judge has admonished my attorney during the proceedings and I believe my situation will only get worse.
Submitted: 7 years ago.
Category: Family Law
Expert:  Brandon M. replied 7 years ago.

Hello there:


We understand the situation. What is the legal question that we can answer for you this evening?

Customer: replied 7 years ago.

What legal remedies do I have to stay out of jail? What rules, laws, regulation, ect. may I use to prevent a Judge from incarcerating me in this situation?

Expert:  Brandon M. replied 7 years ago.
Thank you. I am going to opt out of this question and refer it to our family law section.
Customer: replied 7 years ago.
Thank you!

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