Login|Contact Us
Question and Answer

Family Law

Ask a Family Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

My husband took out an Order of Protection (TRO) against me.

 
mkc1959's Avatar
  • Answered by:mkc1959
  • Family Law Attorney
  • Positive Feedback: 98.6 %
  • Accepted Answers: 192
Verified Expert
in Family Law

Recent Feedback

Positive
it seemed very truthful
Positive
mkc1959 provided me with excellent information that answered my question in a...
Positive
He seems to be quite sure of his answer, but he dose not interact very well....
Positive
thank you so much for the helpful info!
Positive
I appreciate the clear response.
Positive
many thanks
Positive
This is good to hear. A Calif. lawyer told my son they could.I know it will hurt...
Positive
A+!
Positive
Gave me some good advice on an easement issue and helped me understand my right.
Positive
thank you very much

Customer Question

My husband took out an Order of Protection (TRO) against me. I know that he wants to divorce me and wants to make it my fault so he doesn't have to pay Alimony, so this is just a step for him.

I want to somehow communicate to him I have decided not to fight the divorce and will not ask for alimony. So he doesn't have to over-prepare and do any more harm to me. Can I have my children (over 21, not his children) email him and tell him that I will agree to not ask for alimony, or anything for that matter, and just agree to file for divorce on no-fault grounds, or will that be considered violation of the Order of Protection?

What if I have a lawyer contact him instead? I am struggling financially, so I would prefer to have my children email him, but I don't know if that would constitute me contacting him through them, and get me arrested?

 

Optional Information:
State/Country relating to question: New York

Submitted: 279 days and 5 hours ago.
Category: Family Law
Value: $25
Status: CLOSED

Accepted Answer

Picture
Expert:  mkc1959 replied 279 days and 5 hours ago.


mkc1959 : You should not use your children. You would be subject to sanctions for violation of the protective order.
mkc1959 : You may use an attorney.
mkc1959 : Thirdly you could communicate through the court that issued the protective order by filing a brief statement with the clerk of that court stating you would not contest a divorce
Customer :

Thank you very much for the info. Perhaps I should try through the court - is that the same thing as going through the sheriff ? Do you know if it costs anything, or if it takes a long time?

mkc1959 : No it is not the same as going through the sheriff. My suggestion would be to prepare a simple document to file in the case and in the court that issued the protective order. The statement should be short and direct and simply state you would not contest a fair Uncontested Divorce. The document would be filed with the clerk and a copy sent to your husband or his attorney
Customer :

One last question - can this be filed by my daughters or does it have to be a message from me? (Reason being - he might be more receptive to hear from them than from me).

mkc1959 : No with the protective order in place it should not be from your daughters.
mkc1959 : For the document to be accepted by the court clerk you will have to sign it.
Customer :

Thank you very much.

Expert TypeFamily Law Attorney
Category: Family Law
Pos. Feedback: 98.6 %
Accepts: 192
Answered: 6/30/2012

Experience: Practicing attorney with 26 years of experience.

Ask this Expert a Question >
 
Tweet

10 Family Lawyers are Online Right Now

Ask Your Question Now
Ask A Family Lawyer
Type Your Family Law Question Here...
characters left:

Top Family Law Experts

See More Family Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
 
 
 

Recent Articles in Family Law

  • Domestic Violence Laws
  • Questions about Tenants in Common Law
  • Foster Adoption & Fost-Adopt Questions
  • Motion for Discovery Questions
  • Interrogatories and related Questions
  • Marital Status Questions
  • Marital Settlement Agreement
  • Custody Rights Questions
  • Order of Protection Questions
  • Plenary Guardianship Questions
All Family Law Articles
 
 
 
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a Family Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
206 Family Lawyers are Online Now
Type Your Family Law Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us
© 2003-2013 JustAnswer LLC