Myself and my child's father currently have temporary orders stating 50/50. My child is with me 50% of the time in CO and than with her father 50% of the time in TX. (3 months on 3 months off) Being as she is 5 and starting kindergarten this August she needs to have a permanent residents, so we have a JURY trial (he chose because of his criminal past & our current judge is the same judge that has sentenced him before) coming up. Long story short he was arrested on a DV charge against his now soon to be ex wife (my daughter thankfully was not present) HOWEVER, per our orders we are Alloted 1 weekend every month for visitation. His visitation is getting ready to come up., I fear for the safety of my child being as he was arrested on a violent charge (strangulation to a house hold family member & evading arrest) than the following day arrested for breaking the restraining order. I do not want to let him have her for the visit because I feel it's not safe plus downplays the severity of my fear for her if she goes with him. He does not know I know.
Immediately have your attorney file an emergency motion to modify & request temporary restraining orders based upon the allegations & the police records.
If you have an attorney have them file an emergency motion asap. If you do not have an attorney, hire one immediately. That is a crazy order for even Temporary Orders
If he asked for a jury trial, he must waive a jury trial for their not to be one, or you must come to a settlement. One way to avoid a trial would be to motion for mediation and ask the trial court to refer the case to an effective mediator to reach a settlement. You need family law counsel to present your domestic violence evidence and get it into evidence. You should try to ride out the temporary orders until a dispositiion of the domestic violence charge such that it can be used in evidence in your trial. File for a family violence protective order through either authorities in Brownsville area or in your Colorado area. File to modify the temporary orders to request restricted visitation or no contact orders for the child.
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