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What actions can my mother or her lawyer take regarding this court-order? Can a person be ordered off their personal property?

My mother began divorce proceedings two and a half years ago. There have been constant court dates since, regarding medical payments and visitation violations on my father's side.

The divorce was in part because of physical abuse toward my mother (about 50 years old) and myself (age 23). This occurred years ago and is on court record. Shortly after the divorce, there was an incident where police were called to my mom's house after he assalted her at the scheduled visitation switchoff time. (Now, it's court-ordered to be switched off in public places.) My mother lives in Texas and my former stepfather in another state. I currently live with my mother as I just moved between cities. I never testified in their divorce proceedings; I had a psychiatrist submit a document that stated it would be averse to my health to see and interact with the proceedings. My little siblings (ages 11 and 14) live here too.

Endless problems with visitation (such as returning flights scheduled to arrive at midnight, sunday evenings, and so forth) led to undue stress on the children. Visitation last year was changed to occur only in Texas, with my former stepfather in hotels during his weekend visitations.

Last month, a new court order was issued. It states that my former stepdad is complete several anger management classes. It states that he will have visitation in my mother's house, with her not present.

This morning, they went back to court again. My former stepdad filed that he is not doing any of the anger management and so forth. Still, he gets his visitation in my mom's house. With her not present. (This weekend, she will be volunteering all weekend. A nice thing. But she really needs to be job hunting, and taking care of her house, laundry, yardwork... things that are not going to get done with her not allowed in her home.)

I have difficulty understanding the legality. The house is in her name and she pays the mortgage on it.

My mother explained to me that her lawyer told her her judge is no good, and that temporary court-orders basically are "legal" if they have the judge's signature. Told her that there is nothing she can do until he violates the court-order somehow or does something egregious.

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Attorney answers (2)

Reputation Level 11
Your question is a ensemble of several different legal questions, and you haven't provided enough information for an attorney to answer your questions fully. However, I'd be happy to talk to you and to answer all your questions, free of charge. Please give my office a call.

Reputation Level 14
You really haven't given enough information to answer these questions, particularly given the obvious length and complexity of the case. The best person to give you advice is your mother's attoreny. The attorney knows all of the details, and can recommend the best course of action.
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