The father of my son filed a restraining order restraining me from my son. The petitioner (my sons father) took him from me after not being in his life but on and off for the last 18 months that's the period of his birth. The petitioner ran me over with his vehicle the day he took him while intoxicated and my son not having a car seat I filed charges, he filed a restraining order. My son has never been without me and I've always been the one that had him in residents.The week before court I had to have a emergency surgery therefore I wasn't not able to be in court. The judge granted him the orders. This doesn't seem right to me I have no lawyer and I've been denied help from legal aid. He filed April 12th I received papers on 27th of April with a hearing date of May 10th I believe he is miss using the system for he can contain custody (sole conservator) what should I do like I said he hasn't been there not even during my pregnancy. The petitioner also has a bipolar disorder. He moved our son out of my county where he has resided.
Because the case has to be reopened, you need to contact a local bar association (Houston Bar Association or Women Center). More than likely the hearing was temporary and not final. Take the necessary steps to fight for your child. The Houston Bar Association will be pro bone (meaning you may have to pay something. The Women Center may be free, because of the assault. But you cannot depend on free services to protect the welfare of your child.
Bang on every attorney's door in Jasper if you have to until an attorney will help you. But, if he assaulted you with a vehicle you should be able to get assistance through the crisis center if there is one local. Law enforcement should have helped you get a protective order when you reported it. You will also need your medical records showing you were in fact unable to attend the last court date.
Go talk to as many attorneys as possible in your area or call State Bar of Texas about possible volunteer lawyer or pro bono lawyer. You need to file to set aside the default temporary orders. It sounds as though you should have filed a criminal complaint against him for aggravated assault with a deadly weapon. You said I filed charges so what happened with that? You could have sought a family violence protective order against him. If somehow he took a default final judgment against you, you have 30 days from date judgment was signed to file to get it set aside. You need to set it for hearing and try to get a new trial. You need to search throughout your area for counsel who might be able to help you.
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