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My spouse/ex has obtained a temporary protective order with no merit. Can I fight it?

 

Temporary protective orders are often issued even when the complete facts — when presented at a full hearing — may show that a protective order was not warranted. This is because courts believe it is better to provide protection than to deny someone the protection they need on an “emergency” basis. Since a full hearing has not yet been held at this stage, the Court does not have the benefit of all the facts in entering this order. However, you will have the chance to present your case at the hearing scheduled to determine if a final protective order needs to be issued. You should bring your temporary protective order with you to see an attorney and tell him or her what happened so that your rights can be protected and the complete facts can be presented to the judge. If you are being denied contact with your children, you may need to file additional petitions to preserve your parenting time. Talk to your attorney about this.


Testimonials

An outstanding job on my case to have custody, visitation and support decided in my home state instead of Virginia after I separated from military service.- A.E.