An order of protection has been filed on me. It is rediculous and I am fighting it. How do I defend it?

My wife has petitioned an ex parte order against me. I have filed for divorce and sole custody of our newborn. She has 10 days to file a response and has lied to keep our child from me. My lawyer and the police both told me to constantly ask to see my child and have it documented, which I have. Every few days I ask to see my child and she does not respond. The order I got says she is saying I am harassing her by constantly asking to see our child and I've called dfs twice because of the living conditions and suspecion she was doing drugs. Still, I don't know how any of that is harassment since we are married and I have equal rights to our child, which she has basically stolen from me. How do I go about defending myself? Any tips, what to say, not to say? Do I really need my lawyer for this

Saint Louis, MO -

Attorney Answers (2)

Leonard Komen

Leonard Komen

Litigation Lawyer - Saint Louis, MO
Answered

You OF COURSE need your lawyer; sorry to shout; but you hired an attorney to represent you; an order of protection is a legal proceeding. Your attorney is the one you need to discuss this with and listen to his/her advice. If you are concerned about that advice, you should tell your attorney your concerns. If you are still concerned you should obtain a second opinion in a confidential interview with another attorney.

This comment does not create an attorney-client relationship. The law and its application by the courts is... more
Atousa Saei

Atousa Saei

Divorce / Separation Lawyer - Los Angeles, CA
Answered

I recommend you speak with your lawyer. If you don't feel comfortable consulting your current attorney (financially or other reason), you should feel free to seek a second opinion.

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