I fled from my husband to a women’s shelter a few weeks ago with my son. My husband was emotionally and verbally abusive to me and also has a few mental health conditions that he refuses to treat. I did not file a protective order because I thought and was told that I had to have a police report so therefore it had to be a physical act to get the protective order. Yesterday afternoon, I was served with a divorce decree, protective order and temporary restraining order. I live in a shelter now with my son. All of the statements that my husband wrote in the affidavit are distorted and twisted. He claims I hit him and the child, which I didn’t do. What can I do (besides get a lawyer involved cause I know I have to) to counter these claims? The protective order states that I have to hand over full custody of my son until the hearing which is next Friday (my birthday might I add). I am so distraught and confused. And, is it safe to say I hate him?
2007-10-26 02:34:20 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Girlfriend, you don't need to ask these questions of people on the internet - you need to get a lawyer now.
If you're in a shelter, they must resources for you to take advantage of .
I'm sorry for your troubles. Good luck.
2007-10-26 02:44:44 · answer #1 · answered by MARY N 4 · 0⤊ 0⤋
There is something wrong, very wrong here. An order for you to surrender custody without being advised before the order is made and without giving you the opportunity to be heard, is a violation of the US Constitution so patent that the mind boggles.
Your attorney should verify if the judge actually signed such an order. If the judge did not sign it, then the ex needs to be charged at least with forgery. If the judge did sign it, then the attorney needs to get into federal court right away to have the order set aside.
Good luck. This tool sounds like the kind of person who would gleefully kill you and your son to keep his secrets safe.
2007-10-26 03:20:42 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Talk to someone at the shelter there because they should also supply help in situations like this. If that is simply a shelter that does not deal with domestic violence problems find one that does. If you have any evidence of your husbands mental health condition, you can refuse to turn the boy over and face contempt of court charges but those can be dismissed once you show you had good reason to fear turning your son over to him. Get an attorney as soon as possible because he can perhaps get a stay on the protective order so that you don't have to turn your son over to the husband. I will give you a link to ncagv in case you can find a place better equipped to help you in this matter but get that attorney as quickly as you can.
2007-10-26 02:54:47 · answer #3 · answered by Al B 7 · 0⤊ 0⤋
Hello, I have been through an abusive relationship and filed a protective order. I do believe he needs to act physically to obtain a valid order. Do you have witnesses to his abusive attacks and behavior? You should find all the back up you can. You might want to try and file a report with the police about why you left and why he did this so that it is on record. Most likely you will have to prove yourself innocent in court.
2007-10-26 02:43:26 · answer #4 · answered by lizards 5 · 0⤊ 0⤋