My wife has petitioned an ex parte order against me. I have filed for divorce and sole custody of our newborn. She has 10 days to file a response and has lied to keep our child from me. My lawyer and the police both told me to constantly ask to see my child and have it documented, which I have. Every few days I ask to see my child and she does not respond. The order I got says she is saying I am harassing her by constantly asking to see our child and I've called dfs twice because of the living conditions and suspecion she was doing drugs. Still, I don't know how any of that is harassment since we are married and I have equal rights to our child, which she has basically stolen from me. How do I go about defending myself? Any tips, what to say, not to say? Do I really need my lawyer for this
You OF COURSE need your lawyer; sorry to shout; but you hired an attorney to represent you; an order of protection is a legal proceeding. Your attorney is the one you need to discuss this with and listen to his/her advice. If you are concerned about that advice, you should tell your attorney your concerns. If you are still concerned you should obtain a second opinion in a confidential interview with another attorney.
This comment does not create an attorney-client relationship. The law and its application by the courts is constantly evolving and changing. This discussion is not to be taken as a definitive guide, and should not be relied upon to determine all fact situations. Each set of facts must be examined separately with the current case and statutory law analyzed and applied accordingly.