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S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2512
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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If the petitioner violates her own order can the respondant

Customer Question

if the petitioner violates her own order can the respondant be held in contempt, when the petitioner is the aggressor and continuously contacts the respondent, by text, facebook, fake facebook, and stops by his residence
Submitted: 1 year ago.
Category: Family Law
Expert:  S. Kincaid replied 1 year ago.
If the Respondent responds to the Petitioner in any way, yes. The protection order does not, in any way, restrain the Petitioner, only the Respondent. When you have tried to get a protection order, are you trying to get a domestic violence protection order or a harassment protection order?
Customer: replied 1 year ago.
Dear *****, petitioner , in this case is continues trying to contact, the respondant, saying he is so abusive, but will not leave him alone, she still loves him. The petitioner has a history of useing, CPS and the court system to control the respondant, but then continues to try contacting the respondant and going by his new girlfriends house where the respondant lives. And ask the new girlfriend of the respondant to babysit the son of petitioner, and respondant. This girl has been arrested for domestic violence, against respondant, and his mother, broke a restraining order that the respondant, that was to protect the respondant and his son, at one point. This is an ongoing problem with the petioner, . There is proof of every order that the petitioner has got against her X , and pictures, videos of the petitioner, going against her orders. This petitioner should be charged with Abuse of Process. Would this be correct?
Expert:  S. Kincaid replied 1 year ago.
Getting restraining orders granted is never considered abuse of process. What she is doing is harassing you. That's why I want to know if you asked for a domestic violence restraining order or an anti-harassment restraining order. Which did you apply for?
Customer: replied 1 year ago.
I believe it was a DV protection order that The respondant applied for, and the judge denied the order
Expert:  S. Kincaid replied 1 year ago.
Then he might try applying for a harassment protection order instead. He wouldn't qualify for a dv protection order, but he has a good chance of getting. a harassment order.