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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111466
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I have a Domestic violence protective order against me and I

Customer Question

I have a Domestic violence protective order against me and I need to write my written response, not sure how to go about it
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No, don't have the money to pay for one now, I'm unemployed
JA: Please tell me everything you can about this issue so the Lawyer can help you best. Is there anything else the Lawyer should be aware of?
Customer: well My husband and I got into a fight and although the kids didn't see it when it was heated, they saw him leave and run out of the house. He called the police and went to the emergency room because while struggling to push me out from behind the door and leave, he bruised is hand against the door. He stated on the DVPO that he had physical custody of the children at the time of the filing and the judge granted him the temporary order for 10 days. The sherrif came over and threw the kids and I out of the house and the hearing date is this 26th. Now, I am aware that he went to withdraw the order but child protective services was called because he alleged that I constantly verbally abuse him in front of the kids. The judge said he will wait till the hearing date before he dismisses the order and I just carefully read the entire document and realized my need to give them a written answer.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 9 months ago.
Category: Family Law
Customer: replied 9 months ago.
Also when he left, the kids were in my care for over 2 days, no contact at all from him. I have been with them since the order was served. If it helps, the state is NC
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
While this is a sample of an appeal in a protective order case, it gives you the template that your Objection and Motion to Vacate Protective Order must follow (it also gives you some legal cases to support you): http://www.aoc.state.nc.us/www/public/html/AR/CourtAppeals/2013/16_April_2013/12-414.pdf
In your objection, you must argue the facts and that no such physical violence occurred merely a verbal dispute and if the social workers and courts took children from a parent every time they engaged in a verbal dispute with their spouse, then they would be removing children from everyone. You need to explain your position and version of your facts.
Customer: replied 9 months ago.
Ok, thank you. He is the one filing the motion to vacate. I am wondering if I still need to answer the original complaint and if so, what format can I follow. is there a template?
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.
Even though he is asking to vacate it, you too should ask the court to vacate in your objection. Yes, you should file an objection to the order as well, since you need to defend yourself.
I provided you a template for you brief objecting to the order of protection. If there is also a complaint filed, here are instructions to answer the complaint: http://www.lawhelpnc.org/files/CF76DC62-D528-7183-3117-39472C017826/attachments/7B3ADFA8-5301-4312-B697-E6D2F9401206/consumer-instructions-to-answer-a-complaint.pdf
Here is a sample answer packet for NC: http://www.brianshipwash.com/Pro%20Se%20Answer%20and%20CounterClaim%20Packet.pdf
You need to file your objection and memorandum in support to explain your position even if he is seeking to vacate himself. Both of you need to explain that this is something that got carried away and was a verbal disagreement and nothing more.

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