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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118776
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Hi, I have temporary order of protection that my family took

Customer Question

Hi, I have temporary order of protection that my family took against me. I have also violation of the order. The D.A want to ask for ACOD for a year. I dont care about seeing my wife or my older son, however, regarding my 8 years old I would like to remove the OP. Is it possible to ask to remove the OP from one member of the family? and if so, how can I do it?
Submitted: 6 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 6 years ago.
If you have the order of protection and a violation, chances are the court will not grant your request, but you would file a motion for visitation and relief from the order with the court and in that motion you would describe how the visitation would be in the best interests of your 8 year old and how you do not present any danger to the 8 year old together with some plan to accomplish the visitation without having contact with your wife or older son, such as having some family member or friend pick up the child.

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Customer: replied 6 years ago.

Should I ask for relief of the order in the court where we now, or to ask for it in the divorce case which is a different court?

Expert:  Law Educator, Esq. replied 6 years ago.
No, you have to ask this in the court where you are dealing with the restraining order.
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