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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9334
Experience:  since 1983
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I am trying to prepare modification/dismissal of a

Customer Question

I am trying to prepare for a modification/dismissal of a protective order. I had a few questions regarding what I should be preparing for. Such as questions that I will be subject to, what the judge and special commissioner will looking for as grounds to dismiss this case.
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
She filed the order in 2007 so that she could get immediate custody of our child, due to the length of time actual custody cases take. Especially since we were not in agreement over the time. The only 'evidence' was a paper which she had hand written with an advocate from the local police department. The just told me that if I plead not guilty that I would lose 2nd amendment rights and possibly others. My response was no contest, since I had no representation or realization of what was going on at the time. I had police reports against her which were never even looked at.
Customer: replied 1 year ago.
I recently went to purchase a firearm for self-defense reasons, due to the current state of affairs in the USA, and was denied by the State of Florida due to this order. Which I had completely forgotten about, as it had never infringed upon my gun ownership status or even employment status before. I have requested all court documents with the original case number. With the court reporters transcripts as well. I have filed for telephonic service due to the distance of travel and limits of time.
Customer: replied 1 year ago.
I have had no contact with her in the last 8 years or with my child. As she threatened to violate the order if I attempted to contact either of them. I am hoping this will be an open and shut case for dismissal, since I have no record, no history of violence, nothing outside of 2 traffic tickets in my adult life. My reason for dismissal on the motion was 1. The nature of the order was frivolous, with no substantial supporting evidence. 2. No violations of this order have been attempting in it's lifespan. 3. The infringement of the ability to gain state level of employment. 4. The infringement of my 2nd amendment rights. and 5. No will or want to contact the petitioner currently or in the future.
Expert:  N Cal Attorney replied 1 year ago.

Thank you for your question.

Does the order itself state an expiration date, or is it stated to be permanent?

Customer: replied 1 year ago.
No expiration date.
Customer: replied 1 year ago.
I was also contemplating having a psych evaluation completed prior to the hearing to prove that I am not nor have been a violent individual or unstable in any manner. I am just unsure of the weight to which it would hold on the eyes of the court.
Expert:  N Cal Attorney replied 1 year ago.

That's too bad, but your question stated several reasons why the order should be terminated.

The court will want to know if you want contact with the child.

Was there a separate divorce action?

Expert:  N Cal Attorney replied 1 year ago.

I'm sorry, I wrote my reply while you were posting again.

I meant it's too bad there was no expiration date in the order.

Expert:  N Cal Attorney replied 1 year ago.

This type of order is commonly abuse to get an advantage in a custody dispute, see

Customer: replied 1 year ago.
We were never married. So there was no divorce actions.
Customer: replied 1 year ago.
I am familiar with radar and the like. Would this information on abuse help my case at all? I am only trying to help my case along and create the least amount of breathing room possible for a defense, since there is none aside from hearsay.
Customer: replied 1 year ago.
As for contact with the child: My intention will be to leave things as they are now for the preservation of the child's current sense of stability emotionally and mentally. UNLESS, she wants other arrangements. She is 13 years old now. If she does not desire contact, I will not force it, as it has been 8 years. I simply need this unnecessary order of protection off of my back.
Expert:  N Cal Attorney replied 1 year ago.

In that case, I do not see any reason for the order to remain in force.

If there had been a separate divorce case, I was going to suggest that you could agree to a stay away order in that action without losing your Second Amendment rights.

Customer: replied 1 year ago.
in closing, what should my main areas of focus be on? In regards ***** ***** possible line of questioning or what will be sought after by the judge to determine whether it stays in force or not?
Expert:  N Cal Attorney replied 1 year ago.

I think that the main point is that the order is unnecessary because you have no desire to contact them, and have not done so since the order was filed.

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