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Legal Advice

At the beginning of the month my soon to be ex husband(a lawyer) had an emergency ex parte granted against me for taking unprescribed meds. He went into the judges chambers early in the morning and had it granted without a hearing or anything. It was completely bogus and dismissed the very next day. It is my understanding that it never should have been granted without a hearing. A sheriff served me and picked my 2 year old child up. She has been traumatized ever since. He then kicked my 2 kids and myself from the home. We filed our own emergency in front of the same judge trying to get him to let me and the kids back into the house. The judge ordered us both to take drug test. Mine was clean and his was dirty. It has been a month and the judge has still not let us back in. We are staying in a hotel and money is running short. I really think this judge has done us an injustice. Do you agree? Any advice?

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Asked by Anonymous at 1:22 PM on Oct. 18, 2009 in Relationships

Answers (13)
  • What does your lawyer say? The judge should have ordered temp spousal support and cs to cover the cost of housing and food, etc.

    Answer by admckenzie at 1:24 PM on Oct. 18, 2009

  • I totally agree with you. the judge is being unrealistic and unfair. Maybe he is gender racist. I dnt believe that is fair one bit. But don't you have any family to stay with, maybe they can help.

    Answer by Anonymous at 1:26 PM on Oct. 18, 2009

  • He said once the drug test came back negetive the judge would let us back in. The judge recieved the results last Monday and did not set it for hearing until Friday. The hearing is not showing up on OSCN and I have no idea when it might be. My lawyer is very hard to get a hold of. I'm am so frustrated because the system is supposed to be set up for the best interest of the children. He should have never granted my husbands' request in the first place. I don't know what to think

    Answer by als101198 at 1:28 PM on Oct. 18, 2009

  • No family to stay with. The structure and stability of my children have been completely compromised. I'm a good mom by anyones standards. Just don't know which way to turn

    Answer by als101198 at 1:30 PM on Oct. 18, 2009

  • Don't count on the courts to be fair. Sounds like you need a new lawyer.

    Answer by Gailll at 1:31 PM on Oct. 18, 2009

  • Have one. He's supposed to be the best. I think both my husband and the judge should be reprimanded

    Answer by als101198 at 1:35 PM on Oct. 18, 2009

  • Contact your local women's resource center. The shelter can help you find a good lawyer and cheap accommodation. You can file a temporary / emergency order to get your husband to either let you back in the house or better-- pay for your rent in a new place. My first husband used the court system to harass me. It's sad that this happens so often. Find an attorney who specializes in divorces cases and abused women. If he has dirty drug tests, you can win this. Also, you may be able to get him disbarred for ethics violations since you have a court ordered drug screen against him.

    Answer by ecodani at 2:21 PM on Oct. 18, 2009

  • Your husband is a lawyer who no doubt has probably worked with the said judge before. I would file a petition saying that the judge is playing favoritism for this reason and request a different judge and file discrimination against the county.

    Answer by Anonymous at 2:21 PM on Oct. 18, 2009

  • thats bull?!?!?!? drug testes were done n his was dirty the one who claimed all this thats nice n urs was clean and they have u living in a hotel!!! were do u live?? id say its unjustice but im not all that sure the govt screws us all over so check with some one of that lege

    Answer by mamabear0824 at 3:23 PM on Oct. 18, 2009

  • I agree with ecodani completely. Sometimes people don't see the womens shelters as a valuable resource but they are. What your husband is doing is neglecting his children. What he is doing is using the system to schuck his responsibilities. GET A NEW LAWYER. Go to the shelter and get them to help you.

    Answer by pnwmom at 3:24 PM on Oct. 18, 2009

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