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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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I have a situation where I dont know if I can get an order

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I have a situation where I don't know if I can get an order of protection or a restraining order. My ex wife lives in Indiana and I live in IL. She lives there with her boyfriend and my two children, an 10 y.o. boy and an 13 y.o. girl. 4 days ago, there was a conflict in the house; my ex and the kids and boy friend are moving to a new house and my ex told my daughter they were going to the old house to get more items and told my daughter to come help. My daughter refused to go, there was a huge fight with her mother, and my daughter was way out of line. Anyway, my daughter finally went out to the car to go. My ex's boyfriend told my daughter to get the f**k out of his car. No one should say that to my daughter no matter what she did, and he is lucky I wasn't there. I am considering a restraining order or order of protection, but don't know if that would meet the criteria or not. My ex was somehow able to get one against me because we sent angry emails back and forth. The divorce was finalized in IL and the ex moved to IN. The divorce was over a year ago. Question is is there grounds for an o.p. or restraining order, and if so, do I get it in IL or IN, and, finally, is there any other filing or action that can be done to issue a formal warning that this action will not be tolerated. My attorney is not willing to help me. One other issue is that my daughter cannot talk to me on the phone except if it is on speaker and the ex is there to listen; I believe that violates my parental rights. The only thing my attorney was willing to do was write a letter to her attorney here in IL. No outcome has come of this because I just made him aware of this yesterday.

I am an attorney with more than 25 years experience. I will provide your information today and look forward to assisting you.

I am sorry to hear of this situation.

So your ex has custody of the children and you want to get a restraining order so the boyfriend can have no contact with the daughter? Do you share Legal custody?
Customer: replied 4 years ago.

Thanks. The decree (which my atty. decided for me) grants her full custody, but I have visitation. And, even if something can be done, I have to decide what's best for my children; I live in an apt. and live outside of their school district, and I'm disabled, so I can't take the kids. The ex prefers the boyfriend over her children. If it was me, I would have told the boyfriend to hit the road. My daughter is afraid of him. My goal is for him to receive some kind of legal response, I can't allow this behavior.


Thank you

I am sorry that your daughter is in this situation.

However, if you do not share in the Legal custody where you need to be consulted before non emergency decisions are made then, unfortunately, you have no standing to file for a restraining order on behalf of your child.

I suggest, However, if you feel the child is in physical danger that you can make a complaint to Child Protective Services and have the environment investigated. You just want to be sure that they will not find anything so harmful that your child will then be placed in a foster home since you are not able to care for her.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate me when you are done.
Customer: replied 4 years ago.

Thanks for the answer, my atty. told me full custody is no different than joint custody, he did not represent me well at all.


Thanks for your help


I am sorry that you had this trouble with your attorney.

You can consider a Modification to have the custody adjusted so that you have Shared Legal custody

That means you maintain the visits the way they are But with legal custody you have the right to make decisions and have to be consulted on non emergency situations like can she get a tattoo those type of things

If you want to file the Modification, you can get that form from the Clerk of the Court where the Order was issued

You should be able to do it without the help of a local attorney

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate me when you are done.
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