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My husband is threatning to harm our child but i am ordered to return the child in to hours, how can i prevent returning him?

Chicago, IL |

I HAVE TO RETURN OUR CHILD IN TO HOURS. I am going through a divorce , and I entered into an temporary custody order and I have to return my child from visitation and he is threatning to harm my child because I reported the behavior and past and present threats. Is there a way to prevent me from returning the child? I don't want to go to jail or for my husband to harm our baby.

I can not get an emergency order tonight, so what will happen I go in the morning to see the judge for an emergency order? Will i go to jail for not adhering to the order?

Attorney Answers 4

Posted

You need to talk to an attorney asap about an order of protection. Usually emergency orders of protection can be filed without notice to the opposing party. Do you have an attorney? If not, then contact one immediately.

Elizabeth A. Demonte Anderson & Associates P.C. 630.653.9400. The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

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Daniel Seth Williams

Daniel Seth Williams

Posted

Excellent Counsel.

Posted

Do you have witnesses? Are you the custodial parent? Returning the child for or from what? If you have a temporary custody order why are YOU returning the child from visitation? The facts here do not add up . You need to go talk to a lawyer in person. I will not tell you on here to violate a court order. If there was any threat of harm to the child why isn't there supervised visitation.? Too much missing information here.

IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO because Avvo awards the attorney points. MS. RADDATZ is donating her time and talent by answering questions to help those in need of legal information. This is NOT a consultation and in no way creates an attorney-client relationship. YOU SHOULD ALWAYS PERSONALLY CONSULT WITH AN ATTORNEY IN YOUR LOCAL AREA who has specific expertise in the area of law you are asking about.

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Daniel Seth Williams

Daniel Seth Williams

Posted

Well said.

Peggy M. Raddatz

Peggy M. Raddatz

Posted

thanks

Posted

You weill not go to jail. If you cannot get an emergency order tonight, call the police and tell them you are afraid and you will not return your child tonight. Then go straight to the courthouse tomorrow and get an Order of Protection. If you have a lawyer, call your lawyer immediately,. If you do not have a lawyer, hire one as soon as possible.

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Asker

Posted

this is not my response, but someone else has same opinion - stay away..... “stay away” Posted by: a Divorce client, 11 days ago. Client Review: She does not keep you informed will keep pushing cases longer than need be to get more money out of you. She doesn't return phone calls, has a... more http://www.avvo.com/attorneys/60448-il-judy-goldstein-1137006.html?ref=qad_answer_name

Asker

Posted

I wish she spend more time on her client, instead commenting with no contents on avvo.com "go straight hire lawyer". Isn't this violation of attorney client privilege what you responded against your client? http://www.avvo.com/attorneys/60448-il-judy-goldstein-1137006.html?ref=qad_answer_name stay away Posted by a Divorce client, 11 days ago. Flag Overall rating PoorTrustworthy PoorResponsive PoorKnowledgeable PoorKept me informed Poor I do not recommend Judy Goldstein. I used Judy 6-12 months ago. Judy handled my Divorce / Separation matter. I have previously worked with no lawyers. She does not keep you informed will keep pushing cases longer than need be to get more money out of you. She doesn't return phone calls, has a secretary who apparently does relay messages. Not trustworthy at all. Beware is all I have to say. She is in a hurry to bill you and bleed you dry yet she doesn't keep you informed unless you call the office and then you'll be lucky if you get a call back if you are leaving a message with that incompetent secretary...for the money she charges keeping clients posted should be a priority. Judy Goldstein Lawyer’s Comment: Stephanie was kept apprised of every aspect of her case. Letters went out. Telephone calls were placed. Voice messages were left. 9.5 months after her file was closed, Stephanie called at 6: 11 pm. the evening before and twice again on the Thursday before Labor Day weekend. She spoke to my assistant the first time and left a voice mail later the same day, demanding an immediate return call or she would file a police report. I was out of town and did not receive the messages until the following Tuesday but believed I would see her the following day. There was nothing that could have been done in the meantime. We substantially reduced Stephanie’s initial retainer as a courtesy. After her divorce was finalized, she had a relatively small balance but probably would not have had a balance had we requested our usual retainer. We billed her on a regular basis, as is our policy for all clients. Nearly 3 months after Stephanie’s file was closed, we placed our first call requesting payment of the balance due. 5 more calls went out over the next 5 months. We received no return calls. I guess that is what Stephanie refers to as “in a hurry to bill.” Stephanie’s divorce took about 6 months to complete which was quite reasonable considering she had children and a house which was sold. The duration of a case has no bearing on the amount of billable time spent. During the time we represented her, Stephanie called the office 7 times and each of her calls was handled but did not require a return call. Two of those calls were to schedule an appointment. Another was simply to report a change of address. Letters went out advising Stephanie of the progress of her case. I’m sorry that Stephanie is so unhappy with our representation. There is really nothing more we could have done for her.

Asker

Posted

consistent rating 1 - never return call. once she get money, she change 180 degree http://www.avvo.com/attorneys/60448-il-judy-goldstein-1137006.html?ref=qad_answer_name I wish she spend more time on her client, instead commenting with no contents on avvo.com "go straight hire lawyer". Isn't this violation of attorney client privilege what you responded against your client? stay away Posted by a Divorce client, 11 days ago. Flag Overall rating PoorTrustworthy PoorResponsive PoorKnowledgeable PoorKept me informed Poor I do not recommend Judy Goldstein. I used Judy 6-12 months ago. Judy handled my Divorce / Separation matter. I have previously worked with no lawyers. She does not keep you informed will keep pushing cases longer than need be to get more money out of you. She doesn't return phone calls, has a secretary who apparently does relay messages. Not trustworthy at all. Beware is all I have to say. She is in a hurry to bill you and bleed you dry yet she doesn't keep you informed unless you call the office and then you'll be lucky if you get a call back if you are leaving a message with that incompetent secretary...for the money she charges keeping clients posted should be a priority. Judy Goldstein Lawyer’s Comment: Stephanie was kept apprised of every aspect of her case. Letters went out. Telephone calls were placed. Voice messages were left. 9.5 months after her file was closed, Stephanie called at 6: 11 pm. the evening before and twice again on the Thursday before Labor Day weekend. She spoke to my assistant the first time and left a voice mail later the same day, demanding an immediate return call or she would file a police report. I was out of town and did not receive the messages until the following Tuesday but believed I would see her the following day. There was nothing that could have been done in the meantime. We substantially reduced Stephanie’s initial retainer as a courtesy. After her divorce was finalized, she had a relatively small balance but probably would not have had a balance had we requested our usual retainer. We billed her on a regular basis, as is our policy for all clients. Nearly 3 months after Stephanie’s file was closed, we placed our first call requesting payment of the balance due. 5 more calls went out over the next 5 months. We received no return calls. I guess that is what Stephanie refers to as “in a hurry to bill.” Stephanie’s divorce took about 6 months to complete which was quite reasonable considering she had children and a house which was sold. The duration of a case has no bearing on the amount of billable time spent. During the time we represented her, Stephanie called the office 7 times and each of her calls was handled but did not require a return call. Two of those calls were to schedule an appointment. Another was simply to report a change of address. Letters went out advising Stephanie of the progress of her case. I’m sorry that Stephanie is so unhappy with our representation. There is really nothing more we could have done for her. Do not hire Judy Goldstein Posted by Frank, a Divorce client, over 1 year ago. Flag Overall rating PoorTrustworthy PoorResponsive PoorKnowledgeable AverageKept me informed Poor I do not recommend Judy Goldstein. I used Judy 1-3 years ago. Judy handled my Divorce / Separation matter. I have previously worked with 1-2 lawyers. Judy interviews well and comes across as folksy. Once you pay her retainer, however, you're in for a ride. She does not return phone calls yet charges you for leaving voice-mail. She does not explain her bills. She did not advance my cause. She charges for sending a monthly statement then charges to ask questions about the statement but does not address the issues. If you fire her she will attack with a vengeance and generate bills that even a judge cannot understand. I have personally witnessed Judy lie to a judge in open court in order to extract more money from me. Do not hire Judy Goldstein. Painful subject Posted by ANON, over 2 years ago. Flag Overall ra

Asker

Posted

http://www.avvo.com/attorneys/60448-il-judy-goldstein-1137006.html?ref=qad_answer_name I wish she spend more time on her client, instead commenting with no contents on avvo.com "go straight hire lawyer". Isn't this violation of attorney client privilege what you responded against your client? stay away Posted by a Divorce client, 11 days ago. Flag Overall rating PoorTrustworthy PoorResponsive PoorKnowledgeable PoorKept me informed Poor I do not recommend Judy Goldstein. I used Judy 6-12 months ago. Judy handled my Divorce / Separation matter. I have previously worked with no lawyers. She does not keep you informed will keep pushing cases longer than need be to get more money out of you. She doesn't return phone calls, has a secretary who apparently does relay messages. Not trustworthy at all. Beware is all I have to say. She is in a hurry to bill you and bleed you dry yet she doesn't keep you informed unless you call the office and then you'll be lucky if you get a call back if you are leaving a message with that incompetent secretary...for the money she charges keeping clients posted should be a priority. Judy Goldstein Lawyer’s Comment: Stephanie was kept apprised of every aspect of her case. Letters went out. Telephone calls were placed. Voice messages were left. 9.5 months after her file was closed, Stephanie called at 6: 11 pm. the evening before and twice again on the Thursday before Labor Day weekend. She spoke to my assistant the first time and left a voice mail later the same day, demanding an immediate return call or she would file a police report. I was out of town and did not receive the messages until the following Tuesday but believed I would see her the following day. There was nothing that could have been done in the meantime. We substantially reduced Stephanie’s initial retainer as a courtesy. After her divorce was finalized, she had a relatively small balance but probably would not have had a balance had we requested our usual retainer. We billed her on a regular basis, as is our policy for all clients. Nearly 3 months after Stephanie’s file was closed, we placed our first call requesting payment of the balance due. 5 more calls went out over the next 5 months. We received no return calls. I guess that is what Stephanie refers to as “in a hurry to bill.” Stephanie’s divorce took about 6 months to complete which was quite reasonable considering she had children and a house which was sold. The duration of a case has no bearing on the amount of billable time spent. During the time we represented her, Stephanie called the office 7 times and each of her calls was handled but did not require a return call. Two of those calls were to schedule an appointment. Another was simply to report a change of address. Letters went out advising Stephanie of the progress of her case. I’m sorry that Stephanie is so unhappy with our representation. There is really nothing more we could have done for her. Do not hire Judy Goldstein Posted by Frank, a Divorce client, over 1 year ago. Flag Overall rating PoorTrustworthy PoorResponsive PoorKnowledgeable AverageKept me informed Poor I do not recommend Judy Goldstein. I used Judy 1-3 years ago. Judy handled my Divorce / Separation matter. I have previously worked with 1-2 lawyers. Judy interviews well and comes across as folksy. Once you pay her retainer, however, you're in for a ride. She does not return phone calls yet charges you for leaving voice-mail. She does not explain her bills. She did not advance my cause. She charges for sending a monthly statement then charges to ask questions about the statement but does not address the issues. If you fire her she will attack with a vengeance and generate bills that even a judge cannot understand. I have personally witnessed Judy lie to a judge in open court in order to extract more money from me. Do not hire Judy Goldstein. Painful subject Posted by ANON, over 2 years ago. Flag Overall rating PoorTrustworthy PoorResponsive PoorKnowledgeable PoorKept me informed Poor I

Daniel Seth Williams

Daniel Seth Williams

Posted

Points well earned.

Judy A. Goldstein

Judy A. Goldstein

Posted

It is unclear why this question is being resurrected after 5 months, except that CA counsel apparently wishes to accrue points by concurring with everyone who previously and timely responded to the question.

Posted

I agree with the answers of other counsel.

Please note that in Chicago, the Petition for Order of Protection must be brought before the same judge handling the divorce UNLESS there is an underlying crime for which the parent threatening harm will be brought to criminal court.

Your answer also doesn't state whether you have a lawyer for the divorce. If you do, then you should contact your lawyer immediately. Sometimes the lawyers in the divorce case are the last to know about orders if protection and the judge in your divorce case also has the power to grant an order of protection request.

The information provided here should not be construed to be formal legal advice. The provision of this general advice does not create a lawyer-client relationship. Persons with legal questions are encouraged to seek independent counsel for advice regarding their individual legal issues.

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Asker

Posted

I went to divorce court and I was given an OP for f Myself and the judge denied the OP for my child, can I after her denial for the child try to get an order at criminal court?

Daniel Seth Williams

Daniel Seth Williams

Posted

Excellent Counsel.

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