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I need to get an order to keep my son's abuser (father) away…

Customer Question
I need to get...

I need to get an order to keep my son's sexual abuser (father) away from us until his assessment is completed (they are telling me it could take at least four more months)

Lawyer's Assistant: Family law varies by state. What state are you in?

Texas

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

No. I have had to stop working because of my 4 year old's trauma. There is supposed to be an investigation that started two months ago but nothing has been done yet. He hasn't even been questioned. CPS is wanting to do and extended assessment because of his age. Meanwhile the father is sending me threats and harassing me. What can I do?

Submitted: 8 months ago.Category: Family Law
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Answered in 9 minutes by:
11/28/2017
Family Lawyer: LegalGems, Lawyer replied 8 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,872
Experience: Experienced Family Law Attorney
Verified
I am terribly sorry to hear this. Did you file for a protective order?
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Customer reply replied 8 months ago
I have been trying but I just keep getting the run around. HPD sends me to CPS, CPS sends me to HPD
Customer reply replied 8 months ago
This is costing me money I dont have so please give me something I can use. I need to know what to do and where to go today to get this resolved.
Family Lawyer: LegalGems, Lawyer replied 8 months ago
A protective order can be filed with the courts by the victim or their parent. Most courts have an advocate that will assist. Here is the kit
https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.texasattorneygeneral.gov/files/cvs/protectivekit_dv.pdf&ved=0ahUKEwistLvezuHXAhUC_4MKHRouBx4QFggiMAE&usg=AOvVaw0FysZ0KQ7SjNFv7Lcsi68DMany attorneys specialize in domestic violence issued as well and they may file for emergency custody of the child with no supervision to the offender
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Customer reply replied 8 months ago
What do you mean by "they may file for emergency custody of the child with no supervision to the offender"?
Family Lawyer: LegalGems, Lawyer replied 8 months ago
The attorney can file for emergency custody so the filing parent is awarded sole custody with a provision that the parent accused of abuse is to have no contact with the child pending a criminal or cps investigation
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Customer reply replied 8 months ago
Can I do that without an attorney?
Customer reply replied 8 months ago
Which court house do I take it to? Criminal or Civil?
Family Lawyer: LegalGems, Lawyer replied 8 months ago

Yes it is possible but an attorney can help ensure no delays; and this would be civil.

for example:

https://www.dallascounty.org/government/courts/family_district/

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Customer reply replied 8 months ago
How do I do that?
Customer reply replied 8 months ago
I'm in Houston Harris County
Family Lawyer: LegalGems, Lawyer replied 8 months ago

Were you able to view the packet I linked you to? That is the form for the protective order.

The family law issue is a custom drafted document as it requires an affidavit; court forms are available here:

https://texaslawhelp.org/family-divorce-children/child-custody-visitation

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Customer reply replied 8 months ago
What kind of Affidavit? Which one of these am I supposed to use?
Family Lawyer: LegalGems, Lawyer replied 8 months ago

It really is not possible on this site to walk one through all of the forms.

That requires an attorney to assist with the preparation of the documents.

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Customer reply replied 8 months ago
I can't do it then
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