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My ex husband filed a TRO against me and had our two young

daughters placed in his custody...
My ex husband filed a TRO against me and had our two young daughters placed in his custody. The accusations in the TRO are false and he has a very high power attorney. I am a single mom who was granted custody of our daughters in the divorce. I am unable to afford and attorney and have not been able to find anyone to help me. We go to court Jan 3.
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Answered in 6 minutes by:
1/1/2013
xavierjd
xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3,400
Experience: 20 yrs exp. in divorce, custody, visitation & support .
Verified
Thank you for using Pearl.com It will be my pleasure to assist you today.

What type of accusations are in the TRO?

Did he get custody of the girls based on the allegations in the TRO?

Did you file a written response to the TRO?

Thanks
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Customer reply replied 5 years ago
Child neglect IE moving 7 times in 18 months in order to find a safe and stable home for our children. He claims he has had the same job and lived in the same house for years which is false. During the last 6 years we were married we moved 6 time and him moving into his "girlfriends" house was #7. He states that he is concerned for the safety our our children. There are no safety issues here. He claims that our children are emotionally neglect. While living with me they have been making straight A's in school, not missed a day of school except for a doctor's appointment. He also claims that if they live with him they will have life long friends (there are no children in the neighborhood where he lives). There are a total of 7 children living next door to me between my neighbors. Also they have 4 more friends just a few miles up the road.

Yes he got custody of the girls based on the allegations in the TRO.

I have not filed a written response to the TRO. I do not know how to go about doing that. An attorney that I spoke with today looked at the paperwork and told me I need to file a "controverting affidavit" moving the case to the county in which I (and the girls) currently live and file a petition to dissolve the TRO. But without an attorney I am unable to do this.
Hi Makinzie,

Thanks for the information.

Did he make a complaint with child protective services?

Did he get the TRO under your divorce case number, etc.?

Thanks
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Customer reply replied 5 years ago
He did not make a complaint with CPS.

Yes he got the TRO under our divorce case number.
Thanks for the information. And, I am sorry for the delay.

I am looking up a couple of things for you. I will be back with you ASAP with an answer.

Thanks for your patience.
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Customer reply replied 5 years ago
Thank you.
Hi Makinzie,

Thank you for your patience.

You may wish to ask the court for an adjournment so that you can speak to an attorney. Even though you know that you can't afford an attorney and that legal aid can't help you, it will give you time to file the necessary paperwork that you need to dissolve the TRO.

In order to obtain temporary or permanent injunctive relief, your ex must
demonstrate four elements: (1) the existence of a wrongful act; (2) the existence of imminent harm; (3) the existence of irreparable injury; and (4) the absence of an adequate remedy at law.

You DO need to file a Petition to Dissolve TRO. To do so, you must use the same caption as in your ex's pleading for the TRO (eg. Court, parties, case number, judge, and name of pleading.

Then, your pleading can be named "Defendant's Answer to Plaintiff's Request for an Injunctive Order"

Next, you must answer each and every paragraph of your ex's Petition. You can admit the allegations, deny the allegations as untrue and indicate why the allegations in each paragraph are untrue, or neither admit or deny the allegations contained in your ex's Request for an Injunctive Order because you don't have enough information upon which to form a belief as to the truth of the allegations of the paragraph.

In each applicable paragraph, you can indicate why the allegations are not true. For example, the reasons that you stated in your post as to why you don't think that your husband should get an injunction should be placed in your Answer.

Moreover, below is a link to a Controverting Affidavit. You can use it as a template and then change the facts as necessary.

http://dfwcrimes.com/motions/Controverting_Affidavit.pdf


You must file the original paperwork with the court and serve a copy of the paperwork on your ex's attorney by regular mail. You must then file a Proof of Service (available at the court) indicating to the court how you served your ex's attorney (by regular mail).

So, in order to do all of these things, you will need to ask for adjournment of the hearing. If, however, you are denied an adjournment, then you can still testify as to all of the facts that you would have written in your Petition and Controverting Affidavit. You can not only cross examine any witnesses that your ex calls, but you can call witnesses on your behalf and you can testify on your own behalf as well.

Just because your husband is in a better financial position than you doesn't mean that he is the best parent to have custody of the children.

No matter what happens, all you can do is the BEST that you can do.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

XavierJD
xavierjd
xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3,400
Experience: 20 yrs exp. in divorce, custody, visitation & support .
Verified
xavierjd and 87 other Family Law Specialists are ready to help you
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Hi Makinzie,

Is there any other assistance, or any follow up questions that I can assist you with?

Thanks

Xavierjd
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xavierjd
xavierjd
xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3,400
3,400 Satisfied Customers
Experience: 20 yrs exp. in divorce, custody, visitation & support .

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