Family Law Questions? Ask a Family Lawyer Online.
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I'm sorry, I don't understand your question. Could you rephrase? What my screen is showing is:
can my lawyer get the protective order concerning my daughter dropped against and dos my have to be here the day for the protective order hearing?
I'm not sure what that means.
Unfortunately, I can't answer if he will get it dropped since that depends on how the facts play out and the judge's decision. I can tell you that if you meant is it possible to get it dismissed, which is actually different than dropped, then the answer is certainly. Many protective orders are dismissed at the initial hearing.
It is not mandatory that your wife be there but if you have a lawyer, and I see you do, then I don't see how they can prove their case without her there. I'm sure she signed an affidavit when it was filed but the affidavit is not actually admissible in the protective order hearing. Of course, there could be other witnesses but it is hard to "prove up" a protective order without the alleged "victim" being there. Possible, but very difficult.
Please ask any follow up questions you have in this thread. I want to make sure all of your questions are answered.
The first thing to do is get the protective order dismissed. Then the lawyer can file for an injunction of some form to force her to return the child. This can be through a variety of motions, most common is a writ of attachment but likely a regular injunction would be easier.
I am about to sign off for the evening (14+ hours for the last few days) but I will be back online tomorrow morning.
If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.
Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and you can come back to it anytime in the future if you think of something else.
I will pick up and continue in the morning if you post any follow up questions.