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I have a question. In Dec 2016 I was granted divorce from my…

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Hello. I have a...

Hello. I have a question. In Dec 2016 I was granted divorce from my ex and was given full primary custody of our two children, 7 and 9. My ex has to have all visits with the kids supervisor due to his alcohol/narcotics addictions and physical/abusive ways. We moved from CA to AZ in 2017- our divorce was settled in CA. Now it's a year later and my ex continues to be verbally abusive towards both kids when on the phone. Can I get some type of order of protection for the kids from his verbal tirades here in AZ?

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

We are currently in AZ including the father

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

Not here in AZ about the abuse, I have my CA lawyer

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

No thanks

Submitted: 7 months ago.Category: Family Law
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12/12/2017
Family Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 13,470
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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Family Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thank you very much for your patience. I'm very sorry to hear about your situation. So, if your ex continues to be verbally abusive toward both of the kids while they are on the phone with them, then you can get an order of protection. There may be a little bit of question as to what court you file the order of protection in. You could file it in Arizona, but have the restraining order served against your ex in California. If you go to www.thumbtack.com, you can have a process server in CA do it for around $100 total. Typically, either your sheriff's department or the local county courthouse is going to have copies of the restraining order forms. Typically, you will fill it out, file it, and a judge may grant a temporary order and then have a hearing at a later date to determine whether it should continue. I would also probably recommend that you work on modifying your custodial relationship as well because the court may need to limit his interaction with them.

What other questions did you have for me today that I can help you out with:-)?

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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.

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