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Amber E.
Amber E., Family Law Attorney
Category: Family Law
Satisfied Customers: 1436
Experience:  Experienced practitioner in family law, including divorce, custody, and domestic violence cases.
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I live in VA & recently got a Permanent Protective Order on

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I live in VA & recently got a Permanent Protective Order on my ex that expires in Oct 2013 in the J&D Court. His attorney quickly appealed to the Circuit Court. The judge that issued the permanent order put that he is to have no unlawful contact with me nor any communication or contact with me at all and listed "NO EXCEPTIONS". However, he is allowed to have contact with our daughter per "A Visitation Order entered by a Competent Jurisdiction". In court the judge indicated that a 3rd Party Adult do the child exchange. The day after the order was issued my ex was in the van outside my house with the adult who is dropping the child off. I went to the Magistrates office the next morning they said it was not a violation due to the language the Judge used. The next visit on Friday for the weekend my mom drove her over to his mother's residence which is also his residence. He then again came with the 3rd party & sat outside in the van in front of my house. I called the Police and they said that it was not a violation of the order since he did not speak to me or get out of the vehicle. I said that the order does not indicate that he can have contact with me during child exchange & my street is a private one maintained by the HOA its not a public road. The Police said that the HOA can press tresspassing charges but they can't do anything do to the wording & even checked with the Chief of Police and the Commonwealth's Attorney. Note that he cooperated with the Commonwealth's Attorney's office in a criminal matter so I have no faith. He has come every time which is frightening, scary, and intimidating. The police said that as long as he does not electronically verbally or physically make contact with me he is not violating the order. They said that even if I do the exchange at the Police Station and he is sitting outside in the van it is not considered a violation. Basically I now have to leave my own home when my child is dropped off or picked up as I do not want him around me. The J&D Court said that I cannot have the order clarified or re-written it would require a Motion to Modify but they no longer have jurisdiction because it was sent to the Circuit Court. The Advocacy Office is trying to get me an attorney as I cannot afford one. What can I do - can I file something in the Circuit Court? Can I file a violation? Can I ask for a change in jurisdiction as obviously he is being protected by local law enforcement, the Commonwealth Attorney's office, etc? Write my Governer? Where can I complain as to the unfair treatment I am receiving - the judge did not intend him around me at all - he attacked me when he dropped our daughter off? Please help I am scared & very frustrated - they basically are telling me that if he comes around me at the same place he is not violating the order - this is my home I am supposed to feel safe here but I don't. This is awful there is no justice or protection of women. Thank you.
Submitted: 2 years ago.
Category: Family Law
Expert:  Amber E. replied 2 years ago.
Sounds like a modification is in order to clarify the language. If the J&D Court said that they no longer have jurisdiction because it was sent to the Circuit Court, then the Circuit Court is where the modification, motion for contempt for violations of the order, etc. may be filed.

You also asked about who you can report police misconduct to. Such misconduct can be reported to the internal affairs division of the police department, the state attorney general's office, and also the United States Department of Justice (DOJ).

Amber E., Family Law Attorney
Category: Family Law
Satisfied Customers: 1436
Experience: Experienced practitioner in family law, including divorce, custody, and domestic violence cases.
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Amber E.
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Family Lawyer
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Experienced practitioner in family law, including divorce, custody, and domestic violence cases.