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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 101532
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

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if i filed an order of protection against my ex and i contact him, what will happen?
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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Customer: replied 4 years 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 4 years ago.

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

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 4 years ago.

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

Is there an expiration date, and/or, an hearing coming up on this?
Customer: replied 4 years ago.

Yes April 15th 2013 at 8:30 am

Thank you. What is April 15th - a hearing?
Customer: replied 4 years 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 4 years 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?

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 4 years ago.

Thank you so much for your help on this!

You are most welcome - good luck.

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