Q: My husband's ex is claiming we are abusive. She has called CPS, case was closed. However, she filed for sole custody; re
Requesting supervised visits for my spouse and zero contact with me.
This all stems from a heated argument we got into while on vacation. We are both in recovery and we relapsed while on family vacation. We had a verbal fight, but were arrested for misdemeanor domestic violence. No charges have been filed.
We are back in AA and receiving private marital counseling as well.
Oh, she filed for Emergency Custody. She was denied. She called CPS again. No result. She then filed for Orders of Protection and was granted them, even though it violates the Custody Order.
What should we expect? What can we do?
A: Based upon what your husband's ex has already done, you can expect a fight in court. This is an important matter and you should not attempt to handle it on your own. I strongly recommend that you hire a good family law attorney to assist you. Your attorney will learn the history of your case and can answer your questions as to what needs to be done and what will be most effective.
Randi Sirlin agrees with this answer
A:
First, it appears that while some domestic violence may have occurred (verbal abuse may be considered domestic violence, I would argue that it was not substantial domestic violence which would interfere with the legal decision making or parenting time.
Regarding the Order of Protection, if you and your wife live in the same residence (you mentioned that you are receiving marital counseling), it is not reasonable to have you excluded from that residence).
If you were my client, I would not advise you to request a hearing on the order of protection, for the following reason:
The Court will likely keep it in place because there is no reason that you and she need to communicate other than in regard to the children and because anyone can make allegations and obtain an Order of Protection, but if you go to Court and it is kept in place, they are no longer mere allegations; they are now allegations supported by evidence.
If you were my client, I would advise you to request a modification of the Order so that you and your Wife can contact one another by text and email to address issues regarding your children.
If you need assistance, I recommend contacting an experienced family law attorney.
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