Ex Parte Protective Order

Question: Hearing on Protective Order in Arizona, does old order impact new order? As far as ex-parte protective orders in Arizona are concerned, I understand that the defendant is allowed to request a hearing at any time the order is in effect, which is one year from service. Should the defendant make a request days before expiration of the order and the court grant a hearing for that order; will the hearing include a NEW order granted but not yet served to the defendant? For example, an order expires Jun 15th and the defendant requests a hearing June 5th. The court grants the request and sets a hearing date for say Jun 25th, but in the meantime the plaintiff has already obtained a NEW protective order on Jun 7th, which has yet to be served. Since the objection/hearing is in reference to the expiring order and the new order has not been served and is therfore not enforcable and subject to a hearing, can the new order be incorporated into the hearing on the older expired order?

Answer: Yes. Absolutely.

Question: Can a recipient of an application for protective order violate it in texas? I waws served an application for protective order ex parte but the recipient has moved in. What happens to the order?

Answer: the person who wanted the order issues need to go to the court right away and get it taken care of. right now, even with that person living with you, you are in violation of the order.

Question: Is it legal for a Judge to sign an ex parte order with an open investigation? There is an open investigation with the police department and child protective services. The other parent (the possible abuser) filed an ex parte order to suspend parental rights of the non-abuser parent. The the Judge signed. There have been other reports made by the non-abuser parent. Doctors have reported that they CANNOT rule out that child sexual abuse is taking place. There are reports of the vaginal area irritated. The child also told the officer of the abuse. When the motion was filed, the attorney did not file evidence supporting any facts. The investigation of possible child sexual abuse is still open and pending.

Answer: Where was the attorney for the other parent, asleep at the wheel?? Have him file a hearing request to get it rescinded. In the judge's defense, if he didn't know all this was going on he was within his rights to issue it.

Question: Domestic violence in North Carolina: How long do you have to file for a protective order? My question is this: Let's say two people are having an argument, and one person physically assaults the other. No need for emergency care, but it did hurt like crazy. Later they try to smooth things over, and time passes by. However, these acts of domestic violence have occurred before, and the victim can obviously see that the other person hasn't really changed. The violence will almost certainly happen again. Is there a time limit to how long the victim has to get an ex parte (restraining order) and emergency protective custody of the children? There's really no other witness to the violence, although the police have been to the house a few times (no charges were filed). The last incidence of violence was two weeks ago. Can the victim get legal protection, or is it too late? This is in North Carolina.

Answer: Most police departments have a victims advocate who will assist you but if the person was never charged it would be very difficult. EX PARTE - Lat. 'By or for one party' or 'by one side.' Refers to situations in which only one party (and not the adversary) appears before a judge. Such meetings are often forbidden. Although a judge is normally required to meet with all parties in a case and not with just one, there are circumstances where this rule does not apply and the judge is allowed to meet with just one side (ex parte) such as where a plaintiff requests an order (say to extend time for service of a summons) or dismissal before the answer or appearance of the defendant(s).~~

Question: what to file to get my son back;she is having severe mood swings from Singulair,Bi Polar,Schizo with GUNS? my wife took off with my son 1000 miles away ten days ago and istrying to file an Ex Parte Protection Order but there has been no violence,I had an altercation with a neighbor and my wife freakedbut she took the baby to where a known convicted agrivated child molestor frequents,the almost 9 mth old boy has NEVER been vaccinated,she only takes him to Chiropractor and NO pediatricain.She took off with 12 guns 1000 miles away and is intent on not allowing me to see my son when I have been his primary care taker fro the past 7 mths and I am afraid she will shut off my utilities as I earn a living from home and this is how I pay the mortgage and she has not spoken to me,just sent a text & email telling me to feel free to stay home & work and pay the mortgage,but is trying to hire an attorney to file an Ex Parte Protective Order on me unjustly.I am not violent toward her or my son or anyone,she just wants me away from my son casue she is mad at me and we will lose our house, yes,Sassy,so do I.I love him,I love his Mother,we thought her reactions were to birth control and she had not had them for two years when geting off of it.Now she is back to her Split Personality Persona but this time using my son as a weapon against me.She can not afford a home in the place she ran to and I fear I will lose the ability to pay for this one by fighting her,but if I file first I can save his home,have us both submitted for Psyche Evaluations and hopefully save our marriage.She is Bi Polar but noone believes me. I have no money to retain a lwayer and she is already trying to retain one,I did not even know we were on the outs,she just flipped out;I need to file and then go get a lawyer while she responds

Answer: Ummm.. Have you contacted the Human Services or the DA where you live? Those are overworked individuals however, they can get your child back into protective custody where he will be safe. Explain your situation and if they feel your child is in immediate danger they will have you file a Police report of Child Abduction and get Law enforcement looking for your child. If they feel that your child is not in immediate danger they will point you to a lower cost Attorney or ProBono attorney for your case. Taking off without a direct plan is definitely not for "Best interest of the child" . Your child needs a safe and secure home life. The Vaccinations are responsibility of BOTH parents so be careful with your statements- children can receive inoculations at various times during childhood to prevent diseases. The Best of Luck resolving this issue..I hope some of this advise was helpful.

Question: wife took son 1000 miles away and seeking a divorce? what would I need to file to get my son back from my wife . she took off with my son 1000 miles from me ten days ago and is telling everybody she wants a divorce and wants me to not have visitation but I have no history of domestic violence and I will NEVER agree for her to take my son out of State.Can I file Ex Parte Protective Order due to she told me she is Suffering from Post Pardum and Seperation Anxiety and is trying to economically and psychologically abuse me and she has taken my son to a house where a Convicted Aggrivated Child Molester visits and she has sent emails to people that she has went to that state "to stay" and is trying to allow me no visitation???

Answer: I answered your other post. I suggest you read it.

Question: Do the people on here who say "Sickness and in Health" ever dealt with bipolar and false allegations? I posted some questions on here this morning about my bipolar ex wife who lied to several magistrates, lawyers, judges, etc. with no other purpose than to keep me from exposing to the courts how severely bad off she is and to eliminate my chances of taking my son out her psychotic hallucinagenic environment. I expected sympathy being that I had to shell out over 5000 in attorney fees just to defend her web of lies and be able to see my son, and while some seemed to understand, several got downright mean in their answers claiming "sickness and health". Bipolar is not diabetes or cancer. Whoever claims "S and in H" im guessing have never been hauled out of their house in hand cuffs in front of the neighborhood soley because their psycho wife didnt want to lose custody and lied to a magistrate claiming a "he threatened me" with no witnesses. Whoever claims "S and in H" must have never been handed a protective order banning contact with their son after an ex parte hearing after catching the separated wife locking a three year old in his room from the outside while trying to get her "swerve on" with a married couple while he slept" I have always been a concerned father, and I dont have the luxury of an ex with common sense who wouldn't the son in bad situations. Ill give you the S and in H, but once you get three protective orders against you that later get recanted when the mania wears off as long as you come back home, you get a little sick of it. She is a pathogical liar who I found out was accepting money (and even cigarettes) from strangers for sex. I know all of this, but try to get custody when your too busy defending false allegations in a courtroom that only needs "a preponderance of the evidence" and not reasonable doubt" Try defending yourself pro bono against he said / she said crap when all of your attorney money went to an agreement she reneged on before the ink was dry because she changed her mind. The people who say Sickness and in Health never went through what I did. Bipolar is no joke, it is unpredictable, and I honestly think a gambling habit would be cheaper than marrying someone like her. I have been threatened several times by her, and even with witnesses the courts are uninterested. Now that I moved on with my life (a year after our separation) she is making statements about doing bodily harm to someone and not being able to "let it go". She has stalked me after asking for protection from me, and has done everything she could to damage a relationship between me and my son. To the people who actually read the questions earlier and gave good common sense answers, I applaud you. To the ones who said I deserved a prolonged divorce, was abandoning her despite my oath of "Sickness and in Health" and the one who said I sounded like a "creep" for being the victim of false allegations, I recommend they do research on bipolar as well as false allegations in the divorce industry. I also hope they find someone just like I did, than they can email me and tell me how much fun a hallucinagenic vindictive bipolar control freak with a spending problem is when they feel they are in danger of losing custody. Good luck

Answer: Wow that sucks. I honestly don't believe in "In sickness and in health" Because some sicknesses are too much to deal with. Being with a bi-polar person or any mentally dysfunctional person is really hard and it's easy to say "In sickness and in health" when you have NEVER been in a relationship like that. Good Luck : )

Question: What can I do legally to prevent him from kidnapping her? The father of my child got an Ex Parte court order allowing him visitation Wednesday 9am-Friday 9am with overnights. The problem that I have with that is that he is a drug user and alcohol abuser. I believe that he is too irresponsible to possibly care for her. Tuesday night he called me to ask if he could come over and visit her. He asked if I would allow him to take her out of the house for an overnight visit and I let him know that I wasn't fine with that. He seemed alright with that. Wednesday morning he showed up and as soon as I let him in he grabbed the baby and started running towards the door. He did not have a car seat, diapers, a jacket for her, or anything. He was just going to run out the door with her but was blocked by me and relatives who were in the house at the time. He threw himself to the floor(still holding her) and put her between his legs and was squeezing her. We couldn't get her out of his legs. His grip was so tight on her. The baby was screaming at this point and then he grabbed her with his hands arms but then just let her go and she fell to the floor, still screaming. Police were called, she was taken to the ER, Child Protective Services were notified, a 3200 was filed, etc. The police couldn't arrest him because The court still wants to allow him to have visits with our daughter where he is allowed to pick her up and leave with her but no overnight visits. I'm worried about her safety when this does happen. What can be done (legally) to ensure that he brings her back? The only thing he is concerned about is the child support money. His mom is the one who wants her because she has always wanted a daughter and I'm worried that he and his mom would kidnap my daughter, especially since they both have threatened to do so.

Answer: you need a new lawyer and if the court knows and did nothing to protect her post it in newspaper on how they are not doing there jobs. that will get things done.

Question: my cousin is in harms way cps wont do anything help!!!!!!!? her mom is a druggie and one of her friends tried to molest her. he touched her privates and she told child protective services they wont do anything because they say she is safe now at my sisters house and that we have to let her go back to her moms before they can do anything . but if we do that she is sure to be molested can i file a ex parte motion making them order my cousin to stay at my sisters. cops cps wont do any thing even after my 7 year old cousion told them what happened they say we have to let her go home then they will do something but because right now shes not in danger they cant do any thing we have to place her back in the dangerous place then they will

Answer: First contact as many of the organizations listed in this website as you can: http://www.loveourchildrenusa.org/index.… This page on this website has a great listing of organizations you can contact through toll free phone calls. http://www.loveourchildrenusa.org/ifyoun… http://www.loveourchildrenusa.org/report… is a page that will help you report it right away online. This is the sites weblinked page that you can also contact the people that made this site for additional help; http://www.loveourchildrenusa.org/resour… At the bottom of this particular link is a great resource list for where you can get or ask for legal help. I would try the Civil Liberties Union. Please do not give up. Also contact the local organizations listed in your local directory under child abuse hotline. This should help you. Last but not least of all I am putting you and your niece on several prayer list. Your case will be private and not posted nor will your names be given. You will be in my prayers. God bless and please use all of the resources mentioned. Do not give up. Keep plugging and remember they are not to mention your name.

Question: what to file to get my son back;she is having severe mood swings from Singulair,Bi Polar,Schizo with GUNS? my wife took off with my son 1000 miles away ten days ago and istrying to file an Ex Parte Protection Order but there has been no violence,I had an altercation with a neighbor and my wife freakedbut she took the baby to where a known convicted agrivated child molestor frequents,the almost 9 mth old boy has NEVER been vaccinated,she only takes him to Chiropractor and NO pediatricain.She took off with 12 guns 1000 miles away and is intent on not allowing me to see my son when I have been his primary care taker fro the past 7 mths and I am afraid she will shut off my utilities as I earn a living from home and this is how I pay the mortgage and she has not spoken to me,just sent a text & email telling me to feel free to stay home & work and pay the mortgage,but is trying to hire an attorney to file an Ex Parte Protective Order on me unjustly.I am not violent toward her or my son or anyone,she just wants me away from my son casue she is mad at me and we will lose our house,

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Question: wife took son 1000 miles away and seeking a divorce? what would I need to file to get my son back from my wife . she took off with my son 1000 miles from me ten days ago and is telling everybody she wants a divorce and wants me to not have visitation but I have no history of domestic violence and I will NEVER agree for her to take my son out of State.Can I file Ex Parte Protective Order due to she told me she is Suffering from Post Pardum and Seperation Anxiety and is trying to economically and psychologically abuse me and she has taken my son to a house where a Convicted Aggrivated Child Molester visits and she has sent emails to people that she has went to that state "to stay" and is trying to allow me no visitation???

Answer: hmm, this is a hard one. let's see, you need to go to the court house and speak to the clerk in juvenile and domestic court, let them know that your wife has expressed her "distress" mentally and that she has taken the child and is living where a known child sex offender frequents. plead to them that it is not a safe environment for the child and that you are worried for the childs safety and her mental stability. let them know that she has viamently expressed that she is dealing with post partum difficulties, they should direct you exactly where you need to go. if she took the child for her visit and never returned, that is a kidnap charge. even if you do not have an existing order-but you and she have been sharing the child for some time- then it is understood and a reasonable person would understand that the child was to come back. try to call her and record the conversation. make sure you asked her or tell her "honie, i know you have been dealing with post partum stress, but bring the baby back." hopefully she will respond about the stress accordingly, and a judge hearing that will immediately send out for her. also in that conversation ask her "why are you living in a place where this child molestor can visit freely?" this will engage her in that conversation and hopefully she will expand on that topic. once a judge hears her acknowlege that a child sex offender frequents that home often, he should issue a protective order for the child on your behalf and a warrant issued for her return and/or to be hospitalized for 72 hours under a psych advisement. I want to thank you for being an upstanding man to fight for your baby. I see many men and women come through my court who could care less about their children, so kudos to you for doing the right thing. GO GET YOUR BABY!