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05-08-2007, 11:07 PM
| | Junior Member | | Join Date: May 2007
Posts: 2
| |  unrepresented wife being railroaded help!!!!
What is the name of your state? Florida
I found out my husband was cheating on me with another woman last May 2006. At that time I asked him to move out and had a restraining order placed against him for fear of retribution (he has committed domestic abuse in the past) and of him taking my house. Then in September we went for a supposed general hearing about custody and he had a march man act filed against me claiming I was a threat to my children and myself. The judge placed the children in my husbands custody on this day. The deputy who helped with the restraining order went to the judge on my behalf who then dropped the march man act. However, my husband still has the children and also filed for divorce on April 2 2007. He has retained a lawyer on the basis that my property will be sold, he also requests that I pay him back child support, money he owes to the IRS, alimony and all of his attorney fees out of my half. I can not afford a lawyer. I am disabled from a car accident. I received a settlement from the car accident and this is how I bought my house. How can I get my children back and keep my house without representation?? |
05-09-2007, 12:10 AM
| | Senior Member | | Join Date: Jan 2005
Posts: 21,746
| | Quote:
Originally Posted by esimmons  How can I get my children back and keep my house without representation?? | Find a local legal aid or other low-cost attorney service. You cannot do this on your own.
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05-09-2007, 06:05 AM
| | Senior Member | | Join Date: May 2004
Posts: 41,459
| | | Seriously, borrow the money from family or friends if you have to, but you absolutely need representation. Had you had that from the start, you might have had your children back by now. |
05-09-2007, 11:06 AM
| | Senior Member | | Join Date: Nov 2005
Posts: 4,254
| | Quote:
Originally Posted by LdiJ Seriously, borrow the money from family or friends if you have to, but you absolutely need representation. Had you had that from the start, you might have had your children back by now. | The court has determined that she is a threat to her children and herself. That being a fact, how could a slick lawyer change things? |
05-09-2007, 02:40 PM
| | Senior Member | | Join Date: May 2004
Posts: 41,459
| | Quote:
Originally Posted by Bali Hai The court has determined that she is a threat to her children and herself. That being a fact, how could a slick lawyer change things? | Go back and re-read it. That part was dismissed. |
05-09-2007, 02:44 PM
| | Senior Member | | Join Date: Nov 2005
Posts: 4,254
| | Quote:
Originally Posted by LdiJ Go back and re-read it. That part was dismissed. | Since when do deputy sheriffs act as counsel? Are we paying them for this? |
05-09-2007, 05:49 PM
| | Junior Member | | Join Date: May 2007
Posts: 2
| | | This deputy didn't act as council. He just happened to get the pick up order and went to the judge on his own. I was just lucky he was the one who got it or I would have had to go to some mental facility for evaluation and there is nothing wrong with me. My husband has been abusive from day one. I know I have made a serious mistake in staying with him all these years..13 by the way. He is very slick and will do anything to get what he wants. The judge has granted him temporary custody until the divorce proceedings. I was blind sided by him taking the children and on the day of court I had no evidence with me of his prior criminal record. He came in with a lawyer who never even let me speak. It was all over with so fast I didn't even have time to think. Legal aid is not able to help because of funding issues. No Lawyer will even touch my case for less than $4000. This is a nightmare. My only hope is mediation. |
05-09-2007, 07:16 PM
| | Senior Member | | Join Date: Nov 2005
Posts: 4,254
| | Quote:
Originally Posted by esimmons This deputy didn't act as council. He just happened to get the pick up order and went to the judge on his own. I was just lucky he was the one who got it or I would have had to go to some mental facility for evaluation and there is nothing wrong with me. My husband has been abusive from day one. I know I have made a serious mistake in staying with him all these years..13 by the way. He is very slick and will do anything to get what he wants. The judge has granted him temporary custody until the divorce proceedings. I was blind sided by him taking the children and on the day of court I had no evidence with me of his prior criminal record. He came in with a lawyer who never even let me speak. It was all over with so fast I didn't even have time to think. Legal aid is not able to help because of funding issues. No Lawyer will even touch my case for less than $4000. This is a nightmare. My only hope is mediation. | The people in those facilities all say the same thing. |
05-25-2007, 12:42 PM
| | Member | | Join Date: May 2007
Posts: 361
| | Quote:
Originally Posted by esimmons Legal aid is not able to help because of funding issues. No Lawyer will even touch my case for less than $4000. This is a nightmare. My only hope is mediation. | If you stand to lose more than $4000, then finding a way to get legal representation now is a most excellent investment in your future. |
05-25-2007, 09:47 PM
| | Senior Member | | Join Date: Nov 2005
Posts: 4,254
| | Quote:
Originally Posted by Andy0192 If you stand to lose more than $4000, then finding a way to get legal representation now is a most excellent investment in your future. | MAYBE****************************.. | |
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