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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I have a complete stay away order of protection against me

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I have a complete stay away order of protection against me by my ex girlfriend. I went to go pick my son up from a 3rd party between us and she showed up. I knew nothing of her going to show up or anything of it. Would she be in violation of the order of protection?

Thank you for your question. Please permit me to assist you with your concerns.

My apologies but orders of protection do not quite work like that pertaining to the party who put the order in place. The orders are instead one-sided. That means that if she put the order against you, she herself cannot be in violation, only you could be in violation if you appeared at a place where she was present. As it stands, if she appeared where you were located, you had a duty to leave if you could. And in addition, if you could show and prove that she knew you'd be there and she intentionally appeared to try to get you to be in violation, you could go to court and file a motion to remove the order based on her own refusal to honor the terms AND her attempt to entrap you in a position where you'd be in violation. The courts tend to not like parties who try to use the court orders as such weapons in this manner, and the ability to remove the order because of it is quite real and quite legitimate.

Good luck.

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