<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Tiffany:
I have been in a relationship with my common law husband for the last four years and it has contained abuse both physically and verbally by him to me. We have two children. I left for a week about two weeks ago because his drug use and abuses were getting worse. I went to my mother's home, she was moving to Houston that week and my common law husband was imformed by the police that he could get an injunction so that I couldn't leave the county. Since then we had talked and he had made tons of promises and the kids adore him so I returned. We live in an apartment that is in his mother's name and now he is threatening to have me escorted out of the apartment by the police without my children. He also physically abused me last night. He said that since I did not have marks the police would not believe me. I know this is only going to get worse. I had made an appointment with an attorney for the 13th and want to keep that appointment without him knowing. Can I get the restraining order and temporary custody of the children while living in the home with him? I will not leave my children. He does not work and has no way to support them unless his parents would help him and I know that since he has been abusive with me he will graduate to being that way with them. He also had been charged with aggravated sexual assault of a child, it was no billed. Will the police leave the children in his care and make me leave the apartment? Thank you for any advice.<HR></BLOCKQUOTE>
My response:
Yes, you can get a restraining order TODAY and get him kicked out, TODAY. You and your children aren't going anywhere. Go to your criminal courts building, see the clerk at the filing window, and ask for Temporary Restraining Order papers. Fill them out, and BE EXTREMELY GRAPHIC, stating dates and circumstances. Give them back to the clerk, and the clerk will tell you which court to go to for an IMMEDIATE hearing and to obtain orders if the judge agrees. If the judge agrees, he'll sign the order, and you give the order to the Sheriff to personally serve on you putitive spouse, and be escorted off the premises - - with little more than the clothes on his back.
I know that Texas is a common law marriage State but, what did you do to make it so? By merely living together? If that's all you did is just live together, then you're NOT married. But, that's besides the point and won't have any effect on getting the Restraining Order.
IAAL
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