I filed a protection order against my ex. He was sending harassing messages, destroying my property, and overall being a terrible person. I filed a police report in the city in which the property destruction happened and then another where I’m currently residing for the harassment. I then went into the court to file an order of protection. Printed out the messages etc. told them about the weapons in the home. He’s got sole custody of my daughter as per the divorce because he used scare tactics to get me into signing it and I finally got the courage to speak out. I’m just terrified that with cross examination and the court hearing it won’t go through and me trying to get my daughter away from him is impossible. I’ve spoke with several attorneys and I’m not really getting anywhere so this is my last resort. Any tips, advice, or thoughts would be greatly appreciated.
when you are dealing with children and custody, it is really best to have a lawyer representing you. The arguments made are a mixture of fact and law. The approach that is developed is one of several that can be usually. A lawyer's experience and legal judgment can be the make or break how the decision comes out in the end.
If you believe your daughter is at risk of abuse or neglect you can report the issue to CPS/DCFS and file for a protective order on behalf of a child. If the threats and abuse were directed at you and you can establish reasonable fear coupled with an act of aggression, domestic violence or threats thereof, the Court may enter a permanent protective order (although they do expire after 10 years).
In my experience, the Court may issue a protective order but will not change the custody or parent-time orders in the long term. Most courts are reluctant to change custody orders in a protective order matter. I suggest you meet with counsel to discuss whether it would be appropriate to Modify the Custody Decree. This requires you demonstrate two important factors: 1. A material change in circumstances (something has changed since the original order was entered which makes the current order unworkable or inappropriate). 2. It is in the best interest of the child to modify the order.
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Without reviewing what you filed, and all of your facts and proofs, no one can really answer your question. Lawsuits are not run on "chances", but on facts.
From what you say, the protective order is for you; you don't specify that you filed anything for the child. Trying to change custody through a protective order is very difficult; you may want to see about filing a petition to modify the custody orders.
You will need to get with an experienced and aggressive family law attorney who has handled divorce modification, particularly custody; and who also handles difficult protective orders. I know what these cases are like having handled a number. Please understand that this site does not allow us to recommend any attorney or firm, you need to do your own research. Check around, you should be able to get in with an attorney within the next couple of days (after the weekend).
This answer is not legal advice, and does not create an attorney - client relationship. This answer is for educational purposes only.
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