My exwife accused me of domestic violence which granted her a protective order. The case was dismissed but due to her harassment I also have a TPO violation that will be heard in a few months. The divorce decree modified the TPO so we are able to have contact to exchange the children for visitation and to contact each other regarding the well being of the children. Today, her and her boyfriend called me several times saying I am not allowed to be at the exchange of the children and they called the police when I met them at a public place (per court order) to drop off the children. I did not bring the court order with me as so far I never needed it but now the police have cited me for a TPO violation. Is what she is doing classified as harassment? What can I do to get her to stop?
Family Law Attorney
If the divorce decree modified the TPO, those terms control. First -- keep a copy of the relevant court order everywhere you might need it -- your car, etc.
If you have been cited for violation of the TPO, appear at the time and place indicated -- WITH a copy of the controlling order -- and so inform the court. You might be able to save that appearance by going to the City Attorney (presumably -- you do not say what jurisdiction) ahead of time, by appointment, and explaining the situation.
And if the TPO is being misused, you can file an application to dissolve it in the TPO court, to prevent further recurrence, instead turning any orders into behavioral orders issued by the divorce court, which the judge can enforce if violated. See http://www.willicklawgroup.com/domestic_violence.
You should probably seek consultation with an appropriate family law specialist. I would suggest starting your search with the American Academy of Matrimonial Lawyers, the Nevada chapter of which can be viewed at http://www.aaml.org/go/fellows/fellows-by-state/?showResults=true&state=NV.
If you decide you would like to discuss this with one of the attorneys of this firm, please take a look at our consultation policies, procedures, and costs, at http://www.willicklawgroup.com/consultation_policies.