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Can an ex-parte custody order be granted with a protection…

Customer Question
Can an ex-parte custody...

Can an ex-parte custody order be granted with a protection order in place?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Louisiana

Lawyer's Assistant: Has anything been filed or reported?

A protection order and a restraining order was filed for the mother and her children before the abuser was granted the ex-parte custody order.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He was also arrested and the sheriffs office failed to serve him.

Submitted: 6 months ago.Category: Family Law
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Answered in 3 minutes by:
1/4/2018
Family Lawyer: Infolawyer, Lawyer replied 6 months ago
Infolawyer
Infolawyer, Lawyer
Category: Family Law
Satisfied Customers: 62,920
Experience: Experienced lawyer
Verified
Greetings! I am a legal expert on the site and am working on your question.Yes, the order can issue. The court can grant it where necessary and in interest of the child.You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way.
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Family Lawyer: Infolawyer, Lawyer replied 6 months ago
Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Family Lawyer: Infolawyer, Lawyer replied 6 months ago
if I can elaborate on anything, just ask me.Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as experts are not employees of the site and do not get any credit for spending time with customers unless they leave positive feedback. Thank you.
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Customer reply replied 6 months ago
Does the mother have to complie with the order even tho she has an active protection order for her AND the kids in place?
Family Lawyer: Infolawyer, Lawyer replied 6 months ago
If the court issues the order, yes. If disagrees, can file a motion to vacate or modify. martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options.Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Family Lawyer: Infolawyer, Lawyer replied 6 months ago
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as experts are not employees of the site and do not get any credit for spending time with customers unless they leave positive feedback. Thank you.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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