Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

My ex boyfriend obtained an ex parte protective order

Customer Question
against me. I was prepared...
My ex boyfriend obtained an ex parte protective order against me. I was prepared to defend myself vigorously against this as I knew his motive was to prevent me from contacting his employer regarding his unethical/fraudulent business practices. At the hearing, my attorney drafted a consent to no contact agreement which we both signed effectively dismissing the TPO. The no contact agreement stated that any violation of the agreement must be brought as a contempt motion in Superior Court.I foolishly contacted him in a moment of weakness in an attempt to resolve outstanding issues. He threatened that if I didn't extend the no contact agreement for 25 years that he would be in court the next day to take action against me for contacting him. He went and filed for another TPO. My attorney told me all along that it would be dismissed on the basis of Res Jurdicata. He was adamant and never advised me about the possibility of a hearing.The judge did not dismiss the TPO agreeing with my ex's attorney that the stipulation in the no contact agreement was not the "sole or exclusive remedy" and allowed a hearing. My attorney was not prepared for a hearing and had absolutely not one shred of evidence to defend against the opposing side's claims. All of what was presented could have been easily refuted had my attorney prepared any semblance of a defense. He literally just sat there for hours while the opposing attorney went over every single text message I sent completely out of context and not remotely threatening.The Judge offered my attorney a continuence where we could have come back better prepared yet my attorney refused. I am still in disbelieve. I've been told different things by different attorneys and don't know what to believe regarding appealling the decision.I have this on my record now and it is showing up in Google searches already. This all happened over two weeks ago and time is running out if I am to appeal.
Submitted: 8 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Customer reply replied 8 months ago
Also, I was told be an attorney that he felt confident this could be "set aside". Not sure about that.
Answered in 3 hours by:
9/10/2017
Family Lawyer: FamilyAttorney, Lawyer replied 8 months ago
FamilyAttorney
Category: Family Law
Satisfied Customers: 1,551
Experience: Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
Verified

Hello and thanks for using Just Answer. I’m a licensed attorney with 37 years’ extensive experience in family law, trials, appeals, contracts, landlord-tenant, and other types of law.

This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed. This is for educational purposes only.

Also, I’d like to review your question for a minute and type your answer. If I am not here for a few minutes, that means I am typing your answer. THIS IS NOT YOUR ANSWER YET so please allow me time to type it up for you. It may take a few minutes, so please understand that. Thanks!

If a request for a phone call comes in, it is from the site, not from me. I will be happy to have a phone call with you but only if you want it. If you would like to request a phone call, that’s fine too. There is no pressure and we can stay here if you’d like.

Ask Your Own Family Law Question
Family Lawyer: FamilyAttorney, Lawyer replied 8 months ago

I'm so sorry to hear this! This is awful, and I really feel badly for you.

I'm an appellate attorney and have been practicing law for many years.

First, your attorney was unprepared, as you know, and you know you can file a grievance against that attorney. You can do that here: https://www.gabar.org/forthepublic/fileacomplaint.cfm

As an appellate attorney, I would tell you to make sure to file your appellate papers asap. I'm not sure this would be set aside, but you need another attorney, an appellate attorney, who can argue "ineffective assistance of counsel." That is usually a good argument IF the fact that the attorney wasn't prepared impacted your case and that had your attorney been prepared the case could have gone the other way. So that's one way to set it aside. You know of course that appeals are difficult to win, but without appealing this, the order stands, unless you have an attorney file motions to get the judge to reconsider his decision. Most judges won't reconsider their decision after they've spent awhile agonizing over the decision itself.

So I would certainly recommend filing an appeal in this matter. Plus -- your attorney refused to come back? That's crazy and I'm incredulous too, because at least the judge was giving your attorney a chance to get prepared! That's where your ineffective assistance of counsel comes in on appeal.

You can file a notice of appeal and still have the attorney try to set aside this order in the trial court, but you must file the notice of appeal on time and the time doesn't get extended. Almost in every state, the time limit for the notice of appeal is the cut-off time, and that cannot be undone. So yes, I would file a notice of appeal right away and get another attorney to take care of the appeal for you and to possibly see if they can set the trial court order/judgment aside.

I don’t always say to get another lawyer, but in this instance I would. We aren't allowed to refer to any particular lawyer. However, what I do here, which helps my customers tremendously, is I give you a list of lawyers in your area and I'll show you how easy it is to pick one. I have a short, easy to understand free guide and it will show you what to look for in an attorney. I will also look for LegalAid and pro bono attorneys in your area if you tell me to do that. I just need to know where to look. The bigger the city the better. My customers tell me they have found great lawyers from my information. This part is free of charge -- I do this as a courtesy to my customers here. Just let me know if you want this information.

I don't think Legal Aid will do appeals, so I wouldn't waste my time looking for Legal Aid here, but you will need another attorney to complain about this attorney.

Does this answer your question?

Ask Your Own Family Law Question
Family Lawyer: FamilyAttorney, Lawyer replied 8 months ago

Good luck to you! You can come back here free of charge after I'm rated for a follow-up question.

Please let me know if there’s anything else I can help you with. That includes looking for lawyers. I’m happy to do so! I’m here most of the time (usually at night!) so you can always come back and talk to me (no extra charge) after I’m rated. If I’m not here, I will get an email if you leave me a question.

Please accept my answer, and please rate my answer as one of the top three faces/stars (5, 4 or 3 stars, 5 stars would be much appreciated as I ALWAYS strive to give you 5 star service!). This can be found AT THE TOP OF THE PAGE and then submit, as this is how I get credit for my time with you and with your question. I work hard to give you a thorough and honest answer. Please let me know if there is more that I can do to answer your question and if you need more information such as where to find lawyers. If not, I thank you for your rating. I can’t get credit for answering your question without your fair and honest rating. I have given you the benefit of my legal knowledge and 37 years of experience as well as my time. My statistics show that almost 100% of my customers here have been extremely satisfied with my answers as I am always truthful and thorough.

Feel free to come back here for a follow-up question based on this one.
You're welcome to ask follow-up questions at any time, any day after I'm rated, free of charge.

We are not employees of Just Answer but are independent contractors, so your rating is very important to us so that we can be reimbursed for our work. Thank you! I'd rather be given the chance to add more information than be rated negatively, so I thank you for that.

If you want to ask for me specifically another time -- for a new question -- ask for "NYFamilyAttorney ONLY" and I will get the question. Otherwise you can come right back into this room for follow-ups, free of charge.

Best of luck to you and thank you for letting me help you today! Thanks in advance for rating me!

I strive for 5 star service every time, so if there's anything else I can do to earn that, I'm happy to do so.

Ask Your Own Family Law Question
Customer reply replied 8 months ago
Thank you for your response. I have a few concerns with your answer. First, according to my research, you can not bring an ineffective counsel argument in a civil case, only a criminal case. Secondly, the Bar Association in Georgia does not consider grievances for ineffective counsel. I assume the laws are different in NY but here in GA, that is what I've researched. Thanks.
Family Lawyer: FamilyAttorney, Lawyer replied 8 months ago

I'm happy to continue researching this for you. I want to make sure I give you the right guidance.

Ask Your Own Family Law Question
Family Lawyer: FamilyAttorney, Lawyer replied 8 months ago

From what I can tell, the appellate cases which use ineffective assistance of counsel are indeed criminal cases in GA. It's surprising that the legislature and courts would allow your attorney, for example, to get away with the behavior exhibited here, and that prejudices you. You can still file a notice of appeal and discuss this with a local appellate attorney to see if you can have any other theories on your appeal. Your failure to file a notice of appeal would be fatal to your appeal, and you can always decide not to pursue the appeal later on, so it's in your interest to at least file it and then see if you have a viable appeal, OR to discuss this with local appellate counsel now to see whether you can find a valid argument before you decide whether to appeal or not. As far as grievances, I see that the grievance committee can find such conduct unprofessional yet not unethical, so this doesn't necessarily give you a chance to file a grievance but it doesn't say you can't. If the grievance committee disagrees with a contention that your lawyer was unethical then it will dismiss the grievance and could state that the lawyer was merely unprofessional. This gives an awful lot of leeway to poor legal practice by civil attorneys in GA, which is unfortunate.

Ask Your Own Family Law Question
Was this answer helpful?
Ask FamilyAttorney Your Own Question
FamilyAttorney
FamilyAttorney
FamilyAttorney, Lawyer
Category: Family Law
Satisfied Customers: 1,551
1,551 Satisfied Customers
Experience: Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years

FamilyAttorney is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
The city where we live in Midland, TX is denying my right to
The city where we live in Midland, TX is denying my right to request "home confinement" of my 1 yr bulldog. She was seized when my 11 yr old child was playing with her and her protruding canine tooth … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I am looking for some family law help over the custody of my
Second opinion] Hi, I am looking for some family law help over the custody of my child … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,587 satisfied customers
I am looking for some family law help over the custody of my
Hi, I am looking for some family law help over the custody of my child … read more
Sue
Sue
Juris Doctorate
436 satisfied customers
I have a question for a family law attorney. MN. I need to
I have a question for a family law attorney JA: What state are you in? It matters because laws vary by location. Customer: MN JA: What steps have you taken so far? Customer: I need to file court paper… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,278 satisfied customers
Family law question. With no court order and one parent is
Hi family law question. With no court order and one parent is working on a given day. Is the defualt caretaker the other parent if available … read more
Jessica B
Jessica B
Juris Doctor
1,064 satisfied customers
Family lawyer? Florida. Are you in family law. Family law?
Family lawyer? JA: What state is this in? It matters because laws vary by location. Customer: Florida JA: What steps have been taken so far? Customer: Are you in family law JA: Anything else you want … read more
Sean K
Sean K
Attorney/Member
JD
624 satisfied customers
Is there a family law attorney that can advise on Ventura
Is there a family law attorney that can advise on Ventura county filed dissolution process … read more
Ray
Ray
Lawyer
Doctoral Degree
32,619 satisfied customers
When a family law judge decides who is responsible for
When a family law judge decides who is responsible for paying the attorneys fees, what is it based upon? I am currently unemployed and waiting for permanent disability status. My ex is claiming she on… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,257 satisfied customers
Family law California Is there any law or sanctions or any
Family law CaliforniaIs there any law or sanctions or any action that I can take towards my own attorney as he has dropped the ball on every motion I ask to file. He's failed at every court hearing an… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
My question is for family law in Nevada with adoption of
My question is for family law in Nevada with adoption of baby within family that DCSF currently is involved and they are not being bias. They claim that foster care must be done before adoption but We… read more
Ray
Ray
Lawyer
Doctoral Degree
32,619 satisfied customers
This is a family law question. Texas. My daughter is in
My daughter is in mediation and signing an agreement to pay the mediator in 35-45 days. She does not have a job and her husband that has a domestic violence charge pending was the breadwinner and I think she is being pressured because she can not afford an attorney but he has a criminal one and a divorce one Lonestar legal aid has helped her a little bit … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,858 satisfied customers
This is a Family Law issue in California. Parents of two
Hi. This is a Family Law issue in California. Parents of two children are getting divorced. Father is permanently disabled (work injury). Father receives, on behalf of each child, $602 ($1204 per mont… read more
Ray
Ray
Lawyer
Doctoral Degree
32,619 satisfied customers
This question is in regards to holidays under family law. We
This question is in regards ***** ***** under family law. We have a signed marital settlement agreement stating that responded gets Thanksgiving on EVEN numbered years (we split the holiday but on the… read more
Sue
Sue
Juris Doctorate
436 satisfied customers
Looking for an affordable family law attorney (possible
Looking for an affordable family law attorney (possible sliding fee scale) for my daughter. The father of her children took her two kids (8 year old son; 4 year old daughter). There is no custody plan… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,725 satisfied customers
Family law Question. I was in court last week for a
Family law Question.I was in court last week for a modification RFO on California child support. I am paid by the non custodian father and I am imputed income which is actually higher than what I make… read more
socrateaser
socrateaser
1,031 satisfied customers
What are the family law rights in the state of N.C for
What are the family law rights in the state of N.C for grandparents or Aunts? … read more
Ray
Ray
Lawyer
Doctoral Degree
32,619 satisfied customers
This is a question regarding family law in the State of
This is a question regarding family law in the State of Florida. Specifically Child Support. My wife and I represented ourselves in our divorce case for which the trial has already taken place Novembe… read more
Ray
Ray
Lawyer
Doctoral Degree
32,619 satisfied customers
I have a family law hearing at 8. I have a family law case
I have a family law case at 8:30 am in Toorance, ca. Have a few questions I'm hoping to get answered. I'm representing myself … read more
Ray
Ray
Lawyer
Doctoral Degree
32,619 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x