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Acxelia · May 5, 2012, 03:09 PM

My ex husband made claims of child abuse by me with no documentation, no history, no claims by any professional and had an order issued in 1 day to have my children removed from my home. I did not spank my kids, I have one time slapped my teenage daughter across the face because of her screaming in my face and being disrespectful and out of control, 2 years ago. I take away their electronics for rude/disrespectful behavior. I rarely have any other issues with them, because they are all A students.. all 4 of them! Does a judge have the right to sign that order without any type of notorized documentation? I have given my LIFE to my children, I have given up my career to raise them, I have been to 98% of all their extracurricular activities. I volunteer at their schools. I help them with their homework and projects. I make sure they have all gotten the musical instruments that they wanted to play. This judge signed an order on a bunch of false and misleading accusations. I feel that my rights have been violated. What can I do?

ScottGem · May 5, 2012, 04:59 PM

The judge was acting to protect your children. Accusations were made, so to play it safe, the judge acted until an investigation can be completed. Was a follow-up court date set?

Fr_Chuck · May 5, 2012, 05:20 PM

Yes the judge can. So you file to remove or over turn the order. This is how it works often.
So have you hired an attorney to represent you yet ?

AK lawyer · May 5, 2012, 06:10 PM

Originally Posted by Acxelia

... Does a judge have the right to sign that order without any type of notorized documentation?? ...

A motion for an ex parte order would normally be supported by one or more notatized affidavits setting forth what allegations specific witnesses would tell the court at a later evidentiary hearing. You should have been notified, when you were served with the ex parte order, of the time and the place for the upcoming hearing at which time you will be able to present your own evidence, and cross examine the witnesses for the other side. Procedure varies from place to place, so you might want to tell us what state or country you are in.

As a matter of fact, I would strongly object to an ex parte order based upon anything but affidavits. Again, I don't know where you are, so I cannot tell you what the rules for your jurisdiction provide, but it would be wrong for the judge to listen to live witnesses at the ex parte hearing, because (unless a transcript is provided) you have no way of knowing exactly what these witnesses may have said.