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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 18603
Experience:  B.A.; M.B.A.; J.D.
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my son was given and order by the mother of his child with her being at a specific addres

Customer Question

my son was given and order by the mother of his child with her being at a specific address for 90 days. I filed for emergency custody on grounds that she was going to leave state. and was denied. I filed at 12:48 this afternoon and she did indeed leave state later that afternoon. did she violate order of protection and did she leave illegaly since papers were filed before she left
Submitted: 5 years ago.
Category: Family Law
Expert:  Phillips Esq. replied 5 years ago.
Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

I am sorry, I am a bit confused with your narrative.

What order of protection?
Customer: replied 5 years ago.
she was texting another guy on her phone he took it to get the info so he could file for full custody and wouldnt give it back. she claims he pushed her and was given an order of protection to stay away from mother and child for ninety days . the order stated her address and we were under the impression that she had to stay at that residence until issue was resolved. she fled. after my custody papers were filed.
Expert:  Phillips Esq. replied 5 years ago.
Thank you for the clarification:

she was texting another guy on her phone he took it to get the info so he could file for full custody and wouldnt give it back. she claims he pushed her and was given an order of protection to stay away from mother and child for ninety days . the order stated her address and we were under the impression that she had to stay at that residence until issue was resolved. she fled. after my custody papers were filed.


Your Question: my son was given and order by the mother of his child with her being at a specific address for 90 days. I filed for emergency custody on grounds that she was going to leave state. and was denied. I filed at 12:48 this afternoon and she did indeed leave state later that afternoon. did she violate order of protection and did she leave illegaly since papers were filed before she left

Response: No, she did not violate the Order of Protection by leaving the state. The Order of Protection is for her safety. If she decided to leave the premises, she did not break any law. The Order of Protection does not prevent her from moving to a new location. Also, it is not uncommon for people with Order of Protection to change location to hide from their alleged attackers. So, it is reasonable to expect her to say that she moved to prevent your son from locating her because she is afraid of her safety.
Customer: replied 5 years ago.
what about leaving after paperwork was filed for custody, she will have to return to appear at hearing?
Expert:  Phillips Esq. replied 5 years ago.
I thought you said that your petition was denied?
Customer: replied 5 years ago.
my petition was denied for emergency temporary custody. still filed for reg custody
Expert:  Phillips Esq. replied 5 years ago.
what about leaving after paperwork was filed for custody, she will have to return to appear at hearing?

Response: No, unless the Court issues a bench warrant for her appearance.
Customer: replied 5 years ago.
in your opinion is that possible for the court to issue appearence?what are the chances of that happening?
Expert:  Phillips Esq. replied 5 years ago.

in your opinion is that possible for the court to issue appearence?


Response 1: No, it may not be possible because of the Order of Protection


what are the chances of that happening?


Response 2: Little to zero.

Customer: replied 5 years ago.
but the order of protection was against him not me.
Expert:  Phillips Esq. replied 5 years ago.
but the order of protection was against him not me.

Response: My answer remains the same. He is your son and if you obtain custody, then it is most likely that she would run into your son.
Customer: replied 5 years ago.
so i probably won't get custody even if order is lifted and she returns to her own state?
Expert:  Phillips Esq. replied 5 years ago.
so i probably won't get custody even if order is lifted and she returns to her own state?

Response: I do not know. It would depend on the evidence presented to the Court.

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