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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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In February of 2014,in Pima county, Tucson AZ.,the mother of

Customer Question

In February of 2014,in Pima county, Tucson AZ.,the mother of our child was arrested on domestic violence charges. In April of 2015, Mother filed a petition order of protection against me for harassment and intimidation. In June of 2015, mother was arrested for violation of probation and currently on IPS now. The petitioned order of protection against me back in April was never served til yesterday October 14, 2015. In between the time of issue and serve date, mother was arrested for violation of probation. There is nothing current on the issue order of protection and backdates to the time prior of her arrest. Is the protection order ligitament?
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.

My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.

Sorry...not sure I understand...was this a temporary order that has already expired?

Customer: replied 1 year ago.
The order was only filed. Never served till yesterday. Back when it was filed, she changed her mind and didn't enforce the order. Shortly thereafter she was arrested for violation of probation, a domestic violence case, and went to jail for 2-3 weeks, and finally placed on I.P.S. Now, 6 mths later she's changed her mind and decided to enforce that same order filed dating back to April,2015. I was served yesterday. Doesn't she need to file and serve a current order with reason?
Expert:  P. Simmons replied 1 year ago.

But is this a temporary order or a permanent order? What is the expiration date?

Customer: replied 1 year ago.
It is a temporary order filed but never enforced and served 'til 6 months later. Yesterday was the 1st time anyone made the attempt to serve me and did. It's not an event where they made several attempts to serve me in the past. My argument: is if it was filed back in April why was I served 6 months later?, and in between April and the time I was served( yesterday),she was was arrested for violation of probation. Is there not a window to actually enforce and serve a filed petition in Pima county?
Customer: replied 1 year ago.
The order is good for one year after it is served, however I'm contesting the served petition.