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My wife has a protection order against me where she gained…

Customer Question
My wife has a...

My wife has a protection order against me where she gained full custody of our kids in November. Yesterday our divorce decree was final and signed by the judge stating we have 50/50 custody. She is saying the protection order is valid not the divorce decree

Lawyer's Assistant: What steps has your wife taken? Has she filed any papers in family court?

Not that I know of

Lawyer's Assistant: Family law varies by state. What state is she in?

Wyoming

Submitted: 2 months ago.Category: Family Law
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Answered in 5 minutes by:
12/19/2017
Family Lawyer: Legal Eagle, Lawyer replied 2 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 8,438
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Family Lawyer: Legal Eagle, Lawyer replied 2 months ago

Thank you for your patience. So, there is a bit of confusion here; however, in most cases, the protective order is going to be the one that overrides the divorce decree until the protective order is lifted by a judge.

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Family Lawyer: Legal Eagle, Lawyer replied 2 months ago

Is there a date for an upcoming hearing regarding the order? If not, when is the order supposed to end?

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Customer reply replied 2 months ago
the order doesn't end til November 2018
Family Lawyer: Legal Eagle, Lawyer replied 2 months ago

I see what you mean. You may need to petition the court to have the order lifted. The reason I say this is because if the sheriff's office catches you near the children, then it is possible they will arrest you and cite the protective order. They would not care about the divorce decree. You should petition the court citing that the judge that granted the decree granted it despite the restraining order and that there is no evidence of harm to the children or your ex and therefore the order should be lifted. Does that make sense?

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Customer reply replied 2 months ago
it does, in the protection order I get my kids every other weekend and on Wednesdays for a few hours. It also says we can change visitation if we both agree. I am free to see my kids if the ex is not around.
Family Lawyer: Legal Eagle, Lawyer replied 2 months ago

Ok, that's good. Also, as time passes, it's possible your ex may be willing to submit a joint petition with you to the judge to have the order lifted. Did you have any other questions for me today?

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Category: Family Law
Satisfied Customers: 8,438
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