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My son was arrested in early Oct. for assault. His wife

Customer Question
My son was arrested...

My son was arrested in early Oct. for assault. His wife filed a restraining order. I have called, and so has my son, the guardian... many many times requesting to see his son. The guardian has yet to answer her phone, I have maintained my composure and so has my son. Does his wife have the right to not allow a supervised visit with said guardian? If not, what can we do. He has paid her rent and internet bill for 2 months now. I am concerned that we will never see his son. The restraining order will expire, and then what? My son has been to counseling, and is continuing to go, and says the violence was not one sided, and she mistreated the boy while they were fighting. My son did assault her as well.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Have you talked to a lawyer yet?

NO

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of

Submitted: 8 months ago.Category: Family Law
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Answered in 5 minutes by:
11/17/2017
Family Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 13,438
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 8 months ago
I have not gotten any answers
Family Lawyer: Legal Eagle, Lawyer replied 8 months ago

Great, thank you! Bear with me a moment while I review...

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Family Lawyer: Legal Eagle, Lawyer replied 8 months ago

Thanks so much for your patience. Generally, his wife would only be able to restrict access to the guardian if and only if the court allowed her to do such a thing and allowed the guardian to do such a thing. If the restraining order said that he was not allowed to see his son until the RO was lifted, then he won't be able to do anything. If nothing in the order says otherwise, then his wife may be unlawfully keeping the child from him. Thre isn't a quick fix to this because he may need to file for a new custody order or an emergency custody order if he has reason to believe that the child is in danger.

What other questions did you have for me?

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Customer reply replied 8 months ago
No magistrate name is ***** ***** there is a M.E.P.O. No. (Do not know what that is) what is the offense Section 20A.2, &3, 202.011, 22.021 or 42.072 of the tx penal code? Why is my son getting a fine when she was also (apparently) violent? Can he file an assault charge against her?
Family Lawyer: Legal Eagle, Lawyer replied 8 months ago

To my understanding, MEPO means Magistrate Emergency Protection Order. As far as the code sections:

202A.2: This is a forced labor, either working or sexual labor, of a person.

202A.3: This is a crime to do what is in 202A.2 on more than two occasions

202.021 and .021 do not seem to come up under the penal code. I would double check the #'s on that.

42.072: Stalking

So, as far as why your son is the only one getting a fine, that's really only up to the magistrate involved in the decision. If the facts supported that decision, that's what they went with. If he has reason to believe he was assaulted, he could file an assault charge against her. What other questions did you have for me?

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