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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87179
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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if i filed an order of protection against my ex and i contact

Resolved Question:

if i filed an order of protection against my ex and i contact him, what will happen?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. Note: there may be a slight delay between your follow ups and my replies.

If you contact him, nothing should happen because it was you that initiated the contact. Ergo, he should not get into trouble if YOU contact him, provided that he can show that you initiated contact.

He would, however, get into trouble if He contacts you, and you file a complaint for his breaching the restraining order with the authorities (it is not as though he is constantly being monitored, so the authorities would only know that contact has been made if you complain).

If you wish to "drop" the order, this is a different matter, and REPLY and let me know if this is something that you seek to do.

I hope this helps and clarifies. Good luck.

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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87179
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 16 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Yes I have two kids by him & this is making things super hard. I would love to drop the order of protection. How do I?

Customer: replied 1 year ago.

yes i have two kids by him & its making things super hard. How do i drop it?

Expert:  Ely replied 1 year ago.
No problem. First, tell me what KIND of an order is this?

1) Through the criminal court, or

2) Through the civil court, generally called a Domestic Violence Orders of Protection?
Customer: replied 1 year ago.

It's an Ex Parte Order of Protection. Through the civil court.

Expert:  Ely replied 1 year ago.
Is there an expiration date, and/or, an hearing coming up on this?
Customer: replied 1 year ago.

Yes April 15th 2013 at 8:30 am

Expert:  Ely replied 1 year ago.
Thank you. What is April 15th - a hearing?
Customer: replied 1 year ago.

Yes

Expert:  Ely replied 1 year ago.
Thank you.

Someone in your situation may simply wish not to show up. If neither party shows up, the matter is almost always dropped (check with the court clerk, of course, prior, to ensure that this would happen).

In the alternative, you may wish to file a voluntary MOTION TO DISMISS. See here (written from a Defendant's point of view, but may be modified to Plaintiff's) and ask the Court to simply dismiss the matter, which it should.
Customer: replied 1 year ago.

Ok so legally if I call him or show up at his house to bring our chikdren by to see him, could he have me arrested or can I get into any trouble doing this?

Expert:  Ely replied 1 year ago.
YOU would not get into any trouble. But if an officer sees the two of you together (or if you file a complaint), then the presumption may be that he broke the restraining order. Ergo, it is best to first terminate the order.
Customer: replied 1 year ago.

Thank you so much for your help on this!

Expert:  Ely replied 1 year ago.
You are most welcome - good luck.

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