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How can I find out if my boyfriend's old restraining order is still active?

Dunbar, WV |

His ex-wife filed a bogus Domestic Violence charge against him while they were still married. He was never convicted of anything. He only spent one night in jail. After this she got a restraining against him on behalf of her and their two children. SHE has violated this multiple times by asking him to care for the children for weeks at a time while she visits her multiple sexual partners and parties. The children came to visit us with bruises that they said "the bad man" gave them. After we moved out of state she asked us to keep them for multiple days and weeks at a time still. Now she is suddenly coming out of the blue and saying her lawyer has advised her that the restraining order is still in place, therefore the children can no longer leave the state to visit us. How can we be sure?

Attorney Answers 1

  1. Call the court that issued the order. If it is still in place, file a motion to vacate it. Him being out of state now and far away should eliminate any threat. Then he may have to go to the court where the divorce was entered and seek a modification of the judgment to allow for a new visitation schedule that accounts for him now being out of state. Get a lawyer to help.

    To questioners from West Virginia & New York: Although I am licensed to practice in your state, I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.

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