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mmdesq
mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 460
Experience:  Attorney with 13 years experience.
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Will filling stop a pda she lives in is and I live in

Customer Question

Will filling for divorce stop a pda she lives in is and I live in Colorado I can't afford to go to the hearing what if I don't go Will I get arrested
Submitted: 11 months ago.
Category: Family Law
Expert:  mmdesq replied 11 months ago.

Good Morning,

I will try to best answer your question.

If you do not attend the PDA hearing you will not be arrested. However, she will be granted an order of protection if you are not present to defend against the same. I would highly highly recommend attending and defending against the PDA if at all possible. If it is granted against you for reasons and facts you dispute you will not be able to undo it later. She can also claim at a later date that you have now violated the PDA Ordee which would then be a criminal offense for which you could be arrested.

If you are financially unable to travel to the hearing, I would recommend requesting a continuance and see if you are able to negotiate a civil restraining order through the divorce proceedings stating that the two of you will not have contact instead. Having a reciprocal civil restraining order against you looks much better than a PDA and without all the risk. If you two are now residing in different States I would argue that a PDA really isn't required at this point because there is less chance of contact.

I hope this information and suggestions are helpful. If I have made any incorrect assumptions in order to address your question please let me know so I have an opportunity to advise if any clarifications are needed. I wish you the best of luck sorting out this problem.