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I am seeking a divorce and I wanted some advice about my…

Customer Question
I am seeking a...

I am seeking a divorce and I wanted some advice about my case

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

MA

Lawyer's Assistant: Has anything been filed or reported?

Yes I filed for divorce today and there is a no contact order of protection against him that we are going back to court to re asses on Friday 1/12

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

I was taken to the hospital and held overnight for a psyc evaluation on 1/2/18 the night that i called the police on him for the assault that put the protective order into place. on the police report from that incident he is listed as the victim.

Submitted: 1 month ago.Category: Legal
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Answered in 3 minutes by:
1/9/2018
Lawyer: Olivia Kent, Attorney replied 1 month ago
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 2,287
Experience: Partner at Kent Law Group, LLC
Verified

Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the site - but if you do want a phone call I’d be happy to do that as well.

What can I answer for you? I see what you've written but I don't see a question listed.

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Customer reply replied 1 month ago
My brother wanted me to speak with someone to see what questions need to be asked to establish a good case for myself. as he is listed as the victim and i am the assailant, will it be hard for me to get the order extended for a year when we go back to court on 1/12
Customer reply replied 1 month ago
the hospital drew blood and took a urine sample from me, should i get a copy of that report?
Customer reply replied 1 month ago
is that report going to be a problem for me in court or is it a violation and inadmissible in court?
Lawyer: Olivia Kent, Attorney replied 1 month ago

You can still potentially get the order extended - and it's also possible that you guys would get dueling orders of protection against each other. Or the judge will deny the extension. There's no way to know for sure what the judge will do.

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Lawyer: Olivia Kent, Attorney replied 1 month ago

I can't tell you if that report is going to be a problem. I don't know what it says.

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Customer reply replied 1 month ago
ok so does the fact that he is the victim of the report make a difference?
Lawyer: Olivia Kent, Attorney replied 1 month ago

Yes, it's relevant to whether you need a continuation of the order.

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Customer reply replied 1 month ago
it says that i threw an empty cardboard box on him and woke him up out of bed and started screaming at him about the basement door being left open for a second time in a week, this goes way back to our neighbors robbing us and being sent to jail for it, since then i have been OCD about having the house locked down, they were released and still live three houses away and my EX husband knows how much this bothers me. the confrontation started on 12/22 about the first time the door was left open. i noticed it and he said that my son must have left it open, now he is down in the basement for mins alone after the kids go upstairs and walks right by it and it is bone chilling cold but he walked right by it and didn't notice it, i happened to when i was down in the basement later that night, we fought and i let it go because of him trying to blame it on my son.....cut to me locking it myself on 1/2/18 at 7pm then when i go downstairs later that night after everyone had gone to sleep....IT IS OPEN AGAIN! and so ensues the night of chaos.
Customer reply replied 1 month ago
what my side is and i have the bruises to prove it, is that he after that happened is he jumped out of the bed and we are fighting and he will not answer about the door, cuz he has "no idea what happened to the door" grabbed my neck and pushed me across our kitchen, slammed me against our back room door, my leg slams against the trash can as he slams me down onto the kitchen floor. i have a bruise along the back of my thigh that matches the curve of the trash can exactly, but he is trying to tell our oldest son that i fell.
Lawyer: Olivia Kent, Attorney replied 1 month ago

So you guys were in the same house/room/bed while there was an active order in place to have him stay away from you?

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Customer reply replied 1 month ago
no....the order was put in place that next morning when the hospital released me and i went directly to court.
Lawyer: Olivia Kent, Attorney replied 1 month ago

These are all things you would have to tell the judge when you seek a final order.

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Customer reply replied 1 month ago
you see if he has a chance to say or do anything after that initial encounter he would have been all over me in my space saying how sorry he was and that things happened so fast and oh this and oh that and idk what happened with the door and it has just happened time and time again, so my father picked me up to go get my car at the house and came in with me because he was still there with my younger son, i changed and went straight to court, he was trying to get in my space and talk and i didn't let him say anything because he was trying to get in my space and say, "you fell" and if my father was not there he would not have let me move, he has done this before he will not move out of my way he will just stand there and not let me move until i look at him and talk to him
Customer reply replied 1 month ago
even though he is listed as the victim is still called for the police to come because i was in fear doesn't that make a difference?
Customer reply replied 1 month ago
I meant to type I still called the police because I was in fear
Customer reply replied 1 month ago
he takes narcotics every day and drinks all the time, should i start throwing mud around, how ugly should i make this? i am at a loss here idk what to do....
Customer reply replied 1 month ago
he drives drunk with all of us in the car every holiday
Customer reply replied 1 month ago
can i ask for anger management and drug testing at this hearing? he is already tested because of his RX narcotics but his levels jumped up 8pts in 2 months with no dosage adjustment and there was alcohol in his last test
Customer reply replied 1 month ago
did you leave?
Customer reply replied 1 month ago
hello?
Lawyer: Olivia Kent, Attorney replied 1 month ago

Ma'am I'm not sure what you want me to say as far as how much mud you should throw around. I don't think you should throw any mud around. I think you should state the facts as they are. I think the fact that you called the police but he is listed as the victim is not helpful to your case. It's not really about who called - it's about what the police find. You can ask for anything you want but as I'm sure you're aware the court doesn't have to grant it.

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