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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 35334
Experience:  Attorney with 16 years experience
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Can a judge order a woman to return to the state wherein she

Customer Question

can a judge order a woman to return to the state wherein she has an order of protection against the husband? She moved out of his state because he was dangerous.
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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When you say "return to the state", do you mean move back or return for court proceedings?
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Are there any children involved?
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Why would she have to return to the state?
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thanks
Barrister
Customer: replied 1 year ago.
Move back for 6 weeks, it was ordered, to give her husband another "chance" to meet the order of protection she has against him (he will be living elsewhere) and for him to have supervised visits (by his alcoholic parents) with their child every two weeks. He has to be clean off drugs and she can get him tested whenever she wants. He has been arrested and been in drug rehab three times already and threated to kill her. She already returned for court proceedings, and this is what was decided. The child is 13 months old.
Expert:  Barrister replied 1 year ago.
Ok, then if there is already a legal order in place by the judge, then legally he can make orders so as to be able to enforce the initial order. This would include returning the child for visits. He can't technically order the mother to return, but he can order that the child be returned for the visits. So essentially since the mother is in custody of the child, he is ordering her to return.
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If she were to refuse, the judge could hold her in contempt of court and issue a bench warrant for her arrest and send it out to law enforcement to arrest her and take the child into protective custody.
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This could result in the child being removed from her physical custody and going to either another family member (probably not the father at this point) or the state.
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So there would be some pretty serious repercussions possible if the mother violated the judge's orders..
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thanks
Barrister
Customer: replied 1 year ago.
Reading this back it may look like it was an existing order that he violated. No it is new. Sorry. This is for my daughter
Expert:  Barrister replied 1 year ago.
Ok, it did sound a bit unusual for a judge to give him a second chance if he had violated previously, but I have seen it. So essentially the judge wants to see if he can get his act together, put aside the drugs and alcohol, and be a father to the child...
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But that doesn't change my original comments about the judge having jurisdiction over the child and mother to force them to return..
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thanks
Barrister

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