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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12422
Experience:  Attorney experienced in all aspects of family law
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I am a single father that has twins age 6. The child support

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I am a single father that has twins age 6. The child support has just been put in the hands of DHS. I went to hearing to get child support modified. The court set another court date that has not come yet. Since the day of hearing their mother has not let me see nor talk to them. I have a court order saying I'm supposed to get them every other weekend. After several weeks with no visitation and been given the run around by her , I finally gave her the option to let me have my visitation or I was going to file something with the court to enforce the visitation. I then went to their school and had lunch with my kids like I have many times before. The next day she went and filed a TPO agianst me which the judge denied but I was still served with the papers. Now there is a hearing set for that in three weeks. I can go still have lunch with them at school since the judge denied the TPO can't I ? Can't I file a contempt claim against her to get my visitation order enfoced? Please help, I miss my kids dearly!
Submitted: 5 years ago.
Category: Family Law
Expert:  Brandon M. replied 5 years ago.
Hello there:

Thank you for entrusting me with your question. There are two types of protective orders: (1) temporary (TPO) and (2) long-term (PO). The long-term orders will not be issued until after a court hearing when both parties appear--you have said that is scheduled for three weeks from now. the temporary order, if granted, will cover the time period from the date of the filing to the date of the court hearing. If the PO has not even been heard yet and if the TPO was denied, it is safe to assume that there is no protection order of any kind in place. Incidentally, if the TPO gets denied, the court is basically saying that even if the petitioner's claims are all 100% true as presented, there is still not a sufficient factual basis to issue a long-term order... it is not over yet, but that bodes very well for your case.

As for filing a contempt complaint, any willful, knowing violation of a court order is punishable as contempt of court. It is not mandatory that a lawyer get involved to file for contempt, but they are procedurally more difficult than other family law matters and I would strongly recommend using an attorney at least for the purpose of drafting the complaint if you plan to move forward.

I understand that you may have follow-up questions. Let me know if further clarification is needed. Thank you.
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