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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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I have a question about a Protective Order that has been filed

Customer Question

I have a question about a Protective Order that has been filed against me. Specifically, with an Emergency Ex Parte Order, can I be forced to leave my home - I'm a homeowner - before the trial date for the Final Order?
JA: The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No, not yet.
JA: Please tell me everything you can about this issue so the Family Lawyer can help you best.
Customer: In December, 2016, I moved out of my home at my wife's request. I recently moved back in against her will, and she filed a Protective Order against me, alleging harassment. The court date is May 19. Do you need any additional info?
JA: OK. The Family Lawyer will need to help you with this. Is there anything else important you think the Family Lawyer should know?
Customer: No.
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 Family Lawyer about your situation and then connect you two.
Submitted: 7 months ago.
Category: Family Law
Expert:  Samuel II replied 7 months ago.
HelloThis is Samuel. I can address and provide you information in regard to the Protective Order.What are your questions in this regard, please?
Customer: replied 7 months ago.
An Emergency Ex Parte Order has been filed on me pending the court date (May 19) for the Final Order. Can I be forced to leave my home before the court date?
Expert:  Samuel II replied 7 months ago.
HelloYes. Unfortunately if the "victim" is residing in the home and there is an ex parte at this time. However, you can request the Sheriff to escort you to the home to retrieve any personal items you might need between now and the hearing.I apologize for the delay in my response. I had a meeting.
Expert:  Samuel II replied 7 months ago.
Please let me know if you have other questions concerning the ex parte process.
Customer: replied 7 months ago.
OK, thanks. I haven't seen the judge's ruling on the emergency order. The request that I be escorted off of my property must not have been granted, as I was only served papers and no action was taken against me.Another question: My spouse claims physical violence, which I deny, and she never called the police on me or filed any reports. With this "he said-she-said" dilemma, how likely is it that I will be made to leave my home?
Expert:  Samuel II replied 7 months ago.
You will only be made to leave your home if the judge makes the temporary ex parte permanent. I suggest, unless she has first hand witnesses who can testify on her behalf, the he said she said will come down to character. I suggest, you do not want to give the court any indication that you are a threat to her or anyone.

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