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Needing to file immediate temporary protective order as well…

Customer Question
Needing to file immediate...

Needing to file immediate temporary protective order as well as custody due to father a threat to myself once released from mental institution. How and where do I begin

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

None. He has been abusive to me only not the children but the last time he was released he got put on several medications and plus alcohol equals not good. I am doing my best to prevent anything from happening. No custody has been made. Nothing. We just split up 30ish days ago I kicked him out due to his drinking and verbal nearly physical abuse. I am just worried he will come after me and I have to get something documented.

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

Texas

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

No ma’am

Submitted: 3 months ago.Category: Family Law
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Answered in 5 minutes by:
3/28/2018
Family Lawyer: Ely, Counselor at Law replied 3 months ago
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,583
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation. (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

Is there already a standing custody order in place, or not?

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Customer reply replied 3 months ago
None. Just separated, I kicked him out 30 plus days ago
Customer reply replied 3 months ago
Seriously I have to call you and pay another 60$ for a response?
Family Lawyer: Ely, Counselor at Law replied 3 months ago

No, of course not. Mind what was stated before: (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

Okay.

1) Filing for custody - see HERE for forms and step by step.

2) Along with this, one files an ex parte motion for temporary orders, a copy of which you can find at any local law library. Once this is all filed, you ask the clerk to set a hearing for the ex parte motion and then the Court will normally hear it even before he is served, typically same day or in the next few days.

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

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Customer reply replied 3 months ago
Okay none of that applies to me on the custody. I want temporary until proven fit for safety reasons.
Family Lawyer: Ely, Counselor at Law replied 3 months ago

An ex-parte motion for temporary orders is for (1) immediate custody while the suit is pending, and then, (2) a rehearing for temporary custody a little later. That is the mechanism for such cases.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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Customer reply replied 3 months ago
basically I’m f**ked. Because I’m telling u he is going to come after me but it’s a process to be protected and have my children safe with me? Awesome. You just gotta love The system. Exactly why I don’t take action when necessary. It’s either too long gone or the cops just so happened to know him. Excuse my French but as you can see I’m a little worried and don’t have time to wait
Customer reply replied 3 months ago
why woman run as fast as they can and take a risk. I totally understand it all now.
Customer reply replied 3 months ago
However sir I don’t have the luxury or anywhere to go. I have to be the parent to keep it together but what do u suggest I do to make this happen before he could possibly oh I don’t know kill me?
Customer reply replied 3 months ago
you referred me. I apologize for the cussing. I’m just scared out of my mind and I have to make things happen within days. I have days. He is in the mental institution and once he gets out I am no longe safe sir. Hope I didn’t offend you
Customer reply replied 3 months ago
Why say chat until your sastfied in your slogan and push me off on someone else ? What a fraud
Customer reply replied 3 months ago
I STIRIVE FOR FIVE hoax.
Customer reply replied 3 months ago
It is sadly people such as yourself that give women like me false hope for anything. Good luck to ya Ely. ��������‍♀️��
Customer reply replied 3 months ago
Just because I can’t rate you doesn’t mean I won’t be making a call about this. FYI. I assure you I didn’t mean to offend you however, you just got paid and I’m dissatisfied
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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.

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).

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