• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

looking for help with delaware domestic violence laws

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Jencarc

Junior Member
What is the name of your state (only U.S. law)? delaware
Father filed emergency exparte order for custody of our daughter making false allegations and never presented any evidence at the hearing which I was not present for due to not being served , the commissioners findings stated the hearing would be rescheduled at the Mothers request after service of process, but it was never rescheduled ..my ex was given primary placement of our 9 year old daughter who had always lived with me and she cries telling me she wants to come home and she is becoming more and more depressed and withdrawn due to the emotional abuse she is subjected to on a daily basis from her father but the court will not listen.. I recently submitted his full criminal history in which I submitted he most recent DUI a few weeks ago ( he got into an accident 15 minutes after dropping my daughter off at school,he was charged with having the Highest Blood alcohol level at .16 and also charged with possession of controlled substance and dui under a controlled substance as well as alcohol.) ..Also he has a record of domestic violence against me and 2 other women .he was incarcerated for a year in 2012 for assaulting his then girlfriend plus getting another DUI while out on bail .. he has an extensive history of alcohol and drug abuse and has been arrested several times because of it including 8 assaults, 5 drug possessions, 3 domestic violence, 3 DUI's and was just arrested for his 4th DUI a few weeks ago ... under 13 Del C. 705A he should not have joint or sole custody or primary residence but because he has a lawyer and I don't my daughter is being left in his care by the courts. what can I file to get the courts to realize their mistake in allowing him to take custody of my daughter ????
 


CTU

Meddlesome Priestess
What is the name of your state (only U.S. law)? delaware
Father filed emergency exparte order for custody of our daughter making false allegations and never presented any evidence at the hearing which I was not present for due to not being served , the commissioners findings stated the hearing would be rescheduled at the Mothers request after service of process, but it was never rescheduled ..my ex was given primary placement of our 9 year old daughter who had always lived with me and she cries telling me she wants to come home and she is becoming more and more depressed and withdrawn due to the emotional abuse she is subjected to on a daily basis from her father but the court will not listen.. I recently submitted his full criminal history in which I submitted he most recent DUI a few weeks ago ( he got into an accident 15 minutes after dropping my daughter off at school,he was charged with having the Highest Blood alcohol level at .16 and also charged with possession of controlled substance and dui under a controlled substance as well as alcohol.) ..Also he has a record of domestic violence against me and 2 other women .he was incarcerated for a year in 2012 for assaulting his then girlfriend plus getting another DUI while out on bail .. he has an extensive history of alcohol and drug abuse and has been arrested several times because of it including 8 assaults, 5 drug possessions, 3 domestic violence, 3 DUI's and was just arrested for his 4th DUI a few weeks ago ... under 13 Del C. 705A he should not have joint or sole custody or primary residence but because he has a lawyer and I don't my daughter is being left in his care by the courts. what can I file to get the courts to realize their mistake in allowing him to take custody of my daughter ????
You mention charges ... but how many convictions does he have, and from when?
 

Eekamouse

Senior Member
What is the name of your state (only U.S. law)? delaware
Father filed emergency exparte order for custody of our daughter making false allegations and never presented any evidence at the hearing which I was not present for due to not being served , the commissioners findings stated the hearing would be rescheduled at the Mothers request after service of process, but it was never rescheduled ..my ex was given primary placement of our 9 year old daughter who had always lived with me and she cries telling me she wants to come home and she is becoming more and more depressed and withdrawn due to the emotional abuse she is subjected to on a daily basis from her father but the court will not listen.. I recently submitted his full criminal history in which I submitted he most recent DUI a few weeks ago ( he got into an accident 15 minutes after dropping my daughter off at school,he was charged with having the Highest Blood alcohol level at .16 and also charged with possession of controlled substance and dui under a controlled substance as well as alcohol.) ..Also he has a record of domestic violence against me and 2 other women .he was incarcerated for a year in 2012 for assaulting his then girlfriend plus getting another DUI while out on bail .. he has an extensive history of alcohol and drug abuse and has been arrested several times because of it including 8 assaults, 5 drug possessions, 3 domestic violence, 3 DUI's and was just arrested for his 4th DUI a few weeks ago ... under 13 Del C. 705A he should not have joint or sole custody or primary residence but because he has a lawyer and I don't my daughter is being left in his care by the courts. what can I file to get the courts to realize their mistake in allowing him to take custody of my daughter ????
How do you know what happened at that hearing if you weren't there? What's your own criminal history/drug abuse history like?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top