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This is a family law question. Texas. My daughter is in

This is a family...

This is a family law question

Lawyer's Assistant: What state is this in? It matters because laws vary by location.

Texas

Lawyer's Assistant: What steps have been taken so far?

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

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

She thinks she will be held in contempt if she did not mediate today

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4/18/2018
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,857
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Good afternoon. Can you please clarify for me what your question is? I want to make sure I understand

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Customer reply replied 4 months ago
Would she been held in contempt for not mediating today. SHe just filed papers with the courts this morning about not having any money as he cleaned out the account and has not given her anything since he was arrested back in February

Thank you. If she was not able to pay for mediation, as a result of being unemployed and her soon to be ex, is the only source of income, she could have asked that he pay for it, if that what was preventing her from doing so. If she had to agree to pay her share of mediation, she can still ask the Juge to order he pay and for temporary support as well, until the divorce is over and permanent support can be ordered. Mediation is not binding, so she does not have to agree to anything and simply need to appear and make a good faith effort to settle.

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Customer reply replied 4 months ago
It feels like his attorney is pressuring her since she does not have an attorney. I told her she does not have to agree to anything in the room
Customer reply replied 4 months ago
I just dont understand how there is not help for people of domestic violence and now I understand why so many woman/men stay or go back to the abuser

Correct. She does not. She can refuse. She should not feel pressured at all and can say NO, if needed.

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If there is a charge pending, there should be a no-contact order in place, keeping him away.

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Customer reply replied 4 months ago
It expired on 04/12/18 and we have called every help line around to figure out what we could do.

She should have been able to ask that it be renewed or remain in place and if she is still in fear or concern, can go back to court. She also should speak with the prosecutor handling the case, and advise them of her fear and concern.

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Customer reply replied 4 months ago
His criminal court in the morning and family court later in the day

She can speak with the prosecutor. They represent her interest as the victim, so can help or place her in contact with a victim advocate.

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Customer reply replied 4 months ago
Thank you I am texting her as they are in separate rooms at the attorneys. She asked for it to be held at the family resolution center as it is based on income and the attorney told her that was not going to happen as they did not have any openings for at least a month

You are welcome. She can speak with the Judge and advise the family court judge of the financial issue AND any fear with the pending DV case. She should not be bullied by his attorney or him. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
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Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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