How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 34516
Experience:  16 yrs. of experience including family law.
Type Your Family Law Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

My bestfriend is trying to get custody of s two boys from s

Customer Question

My bestfriend is trying to get custody of his two boys from his ex, she has put an EPO in place claiming that he sexually assaulted her and her 12 year old daughter, witch is all garbage and he would never ever do that. His ex was put in a mental hospital for treatment because she was going to kill herself and is very mentally unstable. She also does not work or even make anything to pay for day care. How should he go about this because his lawyer is not doing much for this case.
Submitted: 1 year ago.
Category: Family Law
Expert:  P. Simmons replied 1 year ago.
Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. I am here to help
Also, if you would like to chat on the phone, let me know and I can make that happen.
Expert:  P. Simmons replied 1 year ago.
I am sorry for this dilemma. But not sure I understand your specific question. Do you have a question regarding this? That is, I understand he has a lawyer and is fighting you have a specific question regarding this?
Customer: replied 1 year ago.
How can he make the EPO get dropped?
Expert:  P. Simmons replied 1 year ago.

He would need to file a motion with the court...has his lawyer done this yet?

Customer: replied 1 year ago.
No he hasn't done anything yet, what should he all be doing to fight this EPO and allegations on him
Expert:  P. Simmons replied 1 year ago.

One more question law enforcement involved? That is, mom has alleged a law enforcement investigating?

Customer: replied 1 year ago.
if she keeps trying to contact him when the EPO is in place and he does not reply to her and now has gone to the cops twice and she's only got a warning both times then what can be done?
Expert:  P. Simmons replied 1 year ago.

Thank you
The lawyer can file a motion with the court to lift the EPO. If you can prove that she is lying, the court has the power to lift this order. And, frankly, her continued attempts to contact him can be used by his lawyer to help prove she was lying to get the EPO in the first place. mention he has a lawyer...that is good. His lawyer is the one who needs to initiate this. So he can request to his lawyer to file a motion (a motion is a formal request to the court) to have the EPO removed.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.