Pending Assault charges for ex and child custody

**thenewsonya** · 01-23-2007, 08:31 PM

My Ex husband is pending pre-trail for one count assault and violation of a court order. In the mean time I have an Order of Protection SO he cannot have any contact by phone, email in person. And at the same time we are in Family court. Im trying to modify Child support and custody issues. He wants me to squash the Order so he can see his daughter, But Im worried if I do that he will try to keep our 8 year old with him and possible get an order on me? I have a good feeling about this--should I modify the order to just phone contact till the criminal arraignment and family Court is resolved? His attorney says Im in content of the court for keeping our daughter from him. My Advocate says the O.Protection superscedes that.. I want this to go as smoothely as possible. THANKS

**thenewsonya** · 01-23-2007, 08:34 PM

I made a mistake... I do not have a good feeling about this

**aaron** · 01-23-2007, 08:46 PM

Does the order of protection make any mention of your daughter?

**thenewsonya** · 01-24-2007, 07:02 AM

Yes it has our daughter and also my two older children from a previous marriage.

**Mr. Knowitall** · 01-24-2007, 07:10 AM

That languge should take precedence over the custody order, to the extent that there is a conflict.

It sounds like you need to consult a family lawyer, at least in relation to your short-term litigation strategy.

**thenewsonya** · 01-24-2007, 07:24 AM

Ummm what conflict...... Also I am doing this on my own --cannot afford an attorney and the last one I consulted was not very helpful.... Iwas going down to the court today to modify the Order of Protection so we can talk on the phone... Also, the Advocate said she seriously doubt's the Judge would Squash the entire order due the the pending criminal charges.

**Mr. Knowitall** · 01-24-2007, 08:20 AM

I have not seen the protection order. I have not seen the custody order. It's up to you to look at the orders and figure out if there's a conflict, as we have no way of knowing.

**powernsp** · 01-30-2007, 11:31 AM

Hi,

I am not a lawyer, but a person that has similar circumstances like you, including trying to figure out everything myself. You are right, if you have a bad feeling, then DO NOT DO IT. We have been programed to think that we think wrong and should give more and more chances. The more we give, the worse it gets. In Texas, most of the time the PO(protective order) will state wether he can have contact or not. Please do not modify anything for him. If he wants to see his child then he needs to fix everything and do whats right. And if that means after all the legal issues then ok. But the other person is probably right, the judge will not lift the PO, especially if it is against you and you have pending charges against him.

If you have filed charges against him, in Texas there is a victim's assistance person in the DA office you can call. They are there to help you. Another person to get good answers from is a womens shelter in your area. Most of them, if they cannot give you answers, they can tell you who to call.