Incorrect TPO contact violation

Asked about 1 year ago - Las Vegas, NV

My cousin had a TPO against him. The judge ordered an exception that my cousin could communicate about their child with the applicant. So he tried calling the applicant and left a couple messages asking about the child. The applicant brought this to TPO court as if this was a violation of the TPO.
In court the judge seemed to be unaware of the last court date permitting an Exception to the TPO that their is allowed to be communication between both parties about the child.
Anyway in court the judge finds that my cousin had violated the TPO by this phone contact but that No Sentence shall be put in place at this point. The TPO expired and then after it expired he finds that he has a warrant because of this phone call(s).
What is the best way to handle this unjust warrant?

Attorney answers (1)

  1. Jill K. Whitbeck

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . A motion needs to be brought to quash the warrant. It sounds like he got caught up in two different courts (family for the TPO and criminal for the alleged TPO violation) and did not have effective representation to explain the exception in his TPO -- although, depending on how he actually chose to communicate and what messages were actually left, there may still have been a violation. He needs to talk to his criminal defense attorney, as a warrant involves a criminal violation.

    Responses are for general information purposes only, and are based on the extremely limited facts given. A... more

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