Dvpo temporary restraining order, 2 minor children, is this a trap?

Asked over 1 year ago - Raleigh, NC

i have been ordered with a DVPO and i have 10 days to appear in court, my ex-wife is accusing me of domestic violence on situations that happened 3 years ago. wont that be dismissed? there was no recent incident between me and her, she is mad because there was an altercation with her boyfriend and he got sent to jail for assaulting me. most importantly she has full custody of the kids but i have visitation rights and it so happens i am supposed to have the kids today and take them our of town with me to Atlanta. is this a trap?? in the DVPO she said i was a threat to the children and have threatened to kill them. which is a lie. but the court granted that i could not assault, threaten, abuse, follow, harass or interfere with the minor children residing with or in the custody of the plaintiff. i am thinking this is a trap to put me in jail since i put her boyfriend in jail.
my mother will pick up the children from her mothers house so that me and her do not come into contact. is she trying to catch me with the children to take me to jail, or am i allowed to see my children as granted with my visitation rights.

Attorney answers (2)

  1. Kathryn V. Bumgardner


    Contributor Level 8


    Lawyers agree

    Answered . I have not seen the Order but based on what you are saying you should not try to get your children, see them or talk to them until you go to court for the hearing. I don't know that it is a trap but if this order states that you are not to be around the children then you can be arrested. You really need to get an attorney for this hearing expecially since the allegations she is making involve the children. This could have an impact on your ability to see the children beyond this 10 day period if it is not dismissed. At this time the Ex Parte Order preempts the visitation order so please do not have you mother go get the children. Get an attorney as soon as possible.

  2. Damon John Chetson

    Contributor Level 14


    Lawyers agree

    Answered . First, don't post details about your case on the internet. This can only harm your case. Second, you probably are under an ex parte DVPO, which means you must abide by those conditions or else risk a criminal charge. That DVPO may prohibit you from contacting both her and the children. You should take the order to a lawyer to look at before you do anything that might land you in jail. Violation of a DVPO in North Carolina is a Class A1 misdemeanor, and you can be held up to 48 hours for a DV-related crime.

    Raleigh criminal lawyer Damon Chetson represents people in Raleigh, Cary,... more

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