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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33564
Experience:  Began practicing Family Law in 1992
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If I file an ex parte order for only domestic violence or

Customer Question

If I file an ex parte order for only domestic violence or can one be used to protect a child from neglect and the other parent leaving the state with the child? My father's son threaten to"beat the sh** out of me" and came at me in my car. He opened my car do after I rolled the window up on him for lunging through it, screaming profanities at me through window in front of my son. The man then threaten to "rip G** D**** the car door off" so I drove away to get away from him. It was very scary and upsetting to both me and my 7 year old son. The screaming and aggression was directed at me solely, but the police suggested I get an order of protection for both me and my son. Although I don't believe his father would physically hurt my son on purpose, I believe he has no control over his temper and has gotten physical with me in the past. The argument was over the fact that my son had on the same clothes he was wearing when he left my house on Friday and that my boy was filthy and only had shoes completely covered in wet mud to wear to his school registration. 2 weeks ago I arrived to pick my son up. I called first, honked as usual, went to door, rang bell several times and when my son didn't come running as typical I finally poked my head in and hollered for him... His father finally came out evidently half asleep and out of it. He said, what? I told him I was there to pick up Alex and had been knocking and ringing and calling for 15 minutes. He said, he didn't know where my boy was but that he'd probably gone down the street to a neighbors house. I went searching and so did his father. few minutes later his father came back and got in his truck and drove down the street to another house. My Son was there. I've been to the father's home 2 times in the last month to deliver food for my son and his other kids because the oldest called complaining no food. When I arrived there was literally nothing, except a pack of T-bones steaks and 18 pack of Bud Select in the fridge. There was also 1 can of tun. That is it... I believe the man is neglectful. He has threatened to take Alex out of state and not return him for a week (this isn't part of parenting plan) with out my permission. Is temporary ex parte my best course of action until I can into court to ask for modification of parenting plan...
Submitted: 1 year ago.
Category: Family Law
Expert:  JD 1992 replied 1 year ago.

You can get an ex parte order that covers family violence as well as taking the children or doing anything that is harmful to them. You aren't supposed to use them for things like hygiene, etc. but for anything that is an "emergency" then you could. The judges only want these used for situations that can't wait for the regular scheduling process.

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