Advice and Help Please

[Emilywalker]

In mid october I left Nevada under a tpo from a man that I divorced from before due to him hitting my son with autism. I have three children, two with special needs and one with medical issues. He broke the protection order from nevada by hiring a pi to locate me and contacting me numerous times via e mail. I came to houston because of the medical facilities here. After two men posing as police officers, came to where I live, I was escorted by local police to a shelter for our protection. He had found out where I live because he had reported the car that he had gifted to me as stolen and got it back when I woke up and discovered it was not in my carport. All of my legal documents and notes were in the car at the time. While I was at the shelter, the court from Nevada faxed me a document saying I was to appear in court in a matter of days because, my ex, after having abused the children, had filed for full custody of our little girl in retaliation for me leaving him. Unable to come up with the funds fast enough to attend said hearing, I submitted a motion for an extension, which the court clerk admittedly misplaced and the document was not in front of the judge at the time of the hearing, I was held in default, and my ex was awarded full custody of our little girl. A writ of habeus corpus was filed in houston by his attorney, here and I was forced to hand over my little girl to him in the court room, the judge here in houston claimed she was powerless to hear any of the allegations of abuse and had to honor the request from the nevada court. We have only been in houston approximately, five months and had not established residency according to texas law. I recently filed a motion to set aside and put into detail why I feel why this motion to be set aside and why this hearing should be scheduled. I am desperately seeking the pro bono services of a child custody attorney in the las vegas area. I am powerless because I am indigent and his family is wealthy. I have also set up a couple of web pages and if interested and would like to view them please e-mail. Thank you for your time, I look forward to a response from someone.

Emily

 

[army judge]

Orders of protection are issued by judges of the various states.


They have no effect beyond the borders of the state in which they were issued.

Should you desire the limited protection of such orders, it is wise not to leave the borders of the state from which said order emanated.

There is no time limit which must pass to declare residency in Texas.


You are required to register your car and get a drivers license within a caertain timeframe, but you can register to vote from the moment you set up a home in our republic.

Once you register to vote, you've established Texas citizenship and residency.

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[Proserpina]

Try:

http://www.lacsn.org/contact/

and:

Clark County Legal Services - Clark County Pro Bono Project
800 S 8th St
Las Vegas, NV
Zipcode: 89101
Phone: 702-386-1070
Fax: 702-366-0569

and:

Free Legal Aid NEVADA
600 E. Charleston Blvd
Las Vegas, NV 89104
Phone: 702-382-2200


Your situation is obviously complex and yes you need to do whatever it takes to find an attorney.

 

[Emilywalker]

Thanks for the responses so far. I tried the Pro Bono project and various legal aid agencies in Nevada and its a waiting list or because the case is so complex, no one wants to touch it. I will try them again and make more calls Monday. The TPO was valid when I crossed State lines and came to Houston, even said so in the order.

 

[army judge]

The TPO was valid when I crossed State lines and came to Houston, even said so in the order.

If you believe that to be the case, then you should immediately request a contempt hearing on what you believe to be the basis of that contempt, before the judge that issued the order.

Bear in mind, that even if your belief were held to be true, the order you hold only applies to Mister X, and no other individuals!!!



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[Emilywalker]

The bad thing is, I waited till the TPO expired. The clerk and Judges office both said it was a clear violation indeed but since it is now expired it is moot and supposedly nothing can be done according to them.

 

[army judge]

The bad thing is, I waited till the TPO expired. The clerk and Judges office both said it was a clear violation indeed but since it is now expired it is moot and supposedly nothing can be done according to them.

As I said previously, protective orders carry no force outside the state in which they were issued.

If it had expired, then it no longer was a valid protective order.

If it hadn't expired at the time of the alleged misconduct, then the alleged violation would have been subject to being contemptuous.


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[Duranie]

Even though he is abusive you still had no legal right to take the kids out of state.

Honestly you might have to move back and fight this. I will tell you, NV is a fathers rights state. Dad has a chance of getting custody unless you fight this. You need an attorney in NV or move back if possible.