Restraining Order


#1

I have a restraining order and temporary visitation while my case is in limbo. The restraining order is for a DV charge which is now 5 months and 9 continuances old. The hearing is suppose to be in 10 days from the issuance, it is now 140. My attorney has used up the entire retainer on these continuances, only two needed by my side. He does not communicate with me. He will not return my phone calls and I am respectful of his time and the fact that he has other clients. Where do I go to complain about the #1 lack of a speedy hearing when my children and I are very close but I cannot see them more than one day a week #2 the over charges and lack of enthusiasm from my attorney #3…if one of my children goes to another state for a 2 week visit, does my NC restraining order prevent me from being with her even if she wants me to go?


#2

You need to discuss the continuances with your lawyer, and you need to file an action for child custody, include a claim for temporary custody and get a hearing set in the immediate future. You need not wait for the DV to be heard to have the court take another look at custody.

If you have complaints about your lawyer you may contact the State Bar at 919.828.4620.

The restraining order limits your visitation, and I would advise against going in the trip with your child.