Ex Parte and Custody


#1

My wife and her parents tried to bait me into a physical altercation on Sunday in the church parking lot after church. Luckily there was a uniformed off duty police officer in the parking lot that saw everything and advised me for my safety to move out. On Monday my wife filed and was granted an ex-parte order keeping me from contacting her or my children. I have a hearing on Tuesday. In the allegations she was less than truthful and I know I didn’t harm her or the children. I also have audio recordings of where I have told her I didn’t want to argue with her anymore and she persisted to engage in conflict and where she has threatened to embarras me with my employer from a previous separation. There is clearly a pattern here.

I have an appointment with someone from youth and family services on Friday, I imagine that this is just follow up from the DPVO.

My questions are, what do I need to bring with me to the DPVO hearing and do I need to go ahead and file a custody/visitation motion to get the ball rolling? Also should I go ahead and file a child support action to get that set? I know I will pay her, but I want to make sure I stay within guidelines. I don’t want to separate my children (6,3) from their mother but I do want to make sure that I have regular visitation with them and joint custody until we get this all resolved. I have no furniture for my children in my new home, but there are bunk beds that my father made that I would like for them to have here. I know that there is another bed in storage that my wife can use for my son (beds are in his room). Will the judge set some sort of temporary order for custody and visitation at the DPVO hearing and can I request from the judge that the beds be given to me for the kids here?

Thanks


#2

You don’t need to bring anything specific to the hearing. You may bring a witness to testify on your behalf as to what really happened in the parking lot.

You should absolutely file an action for custody and support. If a full order of protections is granted the judge issue an order for custody at the DVPO. He or she will only allow you to collect personal belongings, not furniture if you ex is awarded possession of the home.