Need help, can't afford a lawyer, no calls back from legal aid, lack of options.

[LavenderBells]

So, I'm having a bit of an issue. I lived in Kentucky (Fayette county) and am dealing with some things with my husband. We filed for separation, but things spiraled out of control. While we were still together and on good terms, he sexually assaulted me twice. Several weeks before I was scheduled to move, he did it again, I called the police, and had to move out of state early due to lack of anywhere else to go, leaving our child to stay with his parents.

Now I am being dragged back to Kentucky because he has issued a domestic violence summons against me, largely citing emotional issues that I do have but no threats or violence on my part. This court date is on the 9th. I received another letter from his lawyer stating that he wanted to file for sole custody of our 3 year old daughter because he claims I am being investigated by CPS. I plan on calling them tomorrow to find out of there IS a case against me. THIS hearing is on the 6th of September.

My problem is that I cannot get a lawyer. I have called legal aid, and their issue was that I'm the one who's being served so chances of me being helped were slim, but I was allowed to put an application through anyway. I've called and left numerous messages, but have not gotten a call back. I've also called the KY Bar Associate's pro bono program, but this isn't something they handle.

What do I do? At this point, it seems as though I'm going to be showing up for court, twice, with no lawyer. Can I request someone or am I going to have to handle this myself?

 

[tranquility]

You'll have to handle this yourself.

 

[Silverplum]

So, I'm having a bit of an issue. I lived in Kentucky (Fayette county) and am dealing with some things with my husband. We filed for separation, but things spiraled out of control. While we were still together and on good terms, he sexually assaulted me twice. Several weeks before I was scheduled to move, he did it again, I called the police, and had to move out of state early due to lack of anywhere else to go, leaving our child to stay with his parents.

Now I am being dragged back to Kentucky because he has issued a domestic violence summons against me, largely citing emotional issues that I do have but no threats or violence on my part. This court date is on the 9th. I received another letter from his lawyer stating that he wanted to file for sole custody of our 3 year old daughter because he claims I am being investigated by CPS. I plan on calling them tomorrow to find out of there IS a case against me. THIS hearing is on the 6th of September.

My problem is that I cannot get a lawyer. I have called legal aid, and their issue was that I'm the one who's being served so chances of me being helped were slim, but I was allowed to put an application through anyway. I've called and left numerous messages, but have not gotten a call back. I've also called the KY Bar Associate's pro bono program, but this isn't something they handle.

What do I do? At this point, it seems as though I'm going to be showing up for court, twice, with no lawyer. Can I request someone or am I going to have to handle this myself?

You can request an attorney from the state for a criminal charge, but not for civil actions (such as custody matters).

 

[Ladyback1]

So, I'm having a bit of an issue. I lived in Kentucky (Fayette county) and am dealing with some things with my husband. We filed for separation, but things spiraled out of control. While we were still together and on good terms, he sexually assaulted me twice. Several weeks before I was scheduled to move, he did it again, I called the police, and had to move out of state early due to lack of anywhere else to go, leaving our child to stay with his parents.

Now I am being dragged back to Kentucky because he has issued a domestic violence summons against me, largely citing emotional issues that I do have but no threats or violence on my part. This court date is on the 9th. I received another letter from his lawyer stating that he wanted to file for sole custody of our 3 year old daughter because he claims I am being investigated by CPS. I plan on calling them tomorrow to find out of there IS a case against me. THIS hearing is on the 6th of September.

My problem is that I cannot get a lawyer. I have called legal aid, and their issue was that I'm the one who's being served so chances of me being helped were slim, but I was allowed to put an application through anyway. I've called and left numerous messages, but have not gotten a call back. I've also called the KY Bar Associate's pro bono program, but this isn't something they handle.

What do I do? At this point, it seems as though I'm going to be showing up for court, twice, with no lawyer. Can I request someone or am I going to have to handle this myself?

Is this domestic violence summons a criminal charge? If it is, you should be able to apply for a Public Defender in the city/county/state where the charges stem from.

And OH YEAH---you should probably get back to your 3 y/o, so it doesn't look like you voluntarily abandoned her!

 

[Silverplum]

Is this domestic violence summons a criminal charge? If it is, you should be able to apply for a Public Defender in the city/county/state where the charges stem from.

And OH YEAH---you should probably get your 3 y/o, so it doesn't look like you voluntarily abandoned her!

Watch what you are writing: She has no more "right" to "get" the child than her husband. And none at all to remove the child from the state.

 

[Ladyback1]

Watch what you are writing: She has no more "right" to "get" the child than her husband. And none at all to remove the child from the state.

You're right, I left out a word. It should have said "get back to your child"....(Like H*ll I'd have ever left my 3 y/o w/ my Ex's parents, way back when they were 3!)

 

[aardvarc]

he sexually assaulted me twice. Several weeks before I was scheduled to move, he did it again, I called the police

What did police do? Did you file a report? Did you agree to assist with prosecution? Did you seek a protection order?

 

[LavenderBells]

To answer the questions:

I don't believe that the summons is a criminal case. It's an emergency protective order, so I think it's a civil matter?

At the time, letting my daughter stay with her grandparents and not be uprooted as I, jobless, moved in with someone out of state, seemed like the best of many potential ideas.

When this went down, I called the police but (regrettably) didn't press charges. I never went to the police about it -- I'd been made to believe that it was a 'mistake', and... well, it all went downhill from there. I was scared, and here I am.

 

[davew128]

(Like H*ll I'd have ever left my 3 y/o w/ my Ex's parents, way back when they were 3!)

And if the ex's parents were decent people? Sounds like you have a few issues.

 

[Ohiogal]

To answer the questions:

I don't believe that the summons is a criminal case. It's an emergency protective order, so I think it's a civil matter?

At the time, letting my daughter stay with her grandparents and not be uprooted as I, jobless, moved in with someone out of state, seemed like the best of many potential ideas.

When this went down, I called the police but (regrettably) didn't press charges. I never went to the police about it -- I'd been made to believe that it was a 'mistake', and... well, it all went downhill from there. I was scared, and here I am.

Spousal rape may or may not be a crime in KY so your husband may not have done anything wrong.

 

[Ladyback1]

And if the ex's parents were decent people? Sounds like you have a few issues.

IF they had been decent people, I wouldn't have had a problem leaving the children with them!