Had court this morning for a protection order (I'm the respondent), and the petitioner said they were going to change the temporary order. So petitioner didn't show up to court and the judge dismissed the case. Three hours after the petitioner was due in court and it was dismissed, they filed another protection order so they could change the order to keep the kids away from me now. In the injuries portion of the form it is different than the first temporary order and many changes were made to the second temporary protection order. I'm not sure if the judge who approved the second temporary order was aware that the first temporary order was skipped by the petitioner in the first place, but I'm confused how the judge can dismiss one and then I have to go back to court for the same reasonings, but for different injuries than what was reported? Pretty lost at this point now. Petitioner was caught doing something illegal and now they have been falsely accusing me of abuse that didn't take place so they can gain custody of the kids to hurt me and has threatened that multiple times during the first temporary order time frame that they weren't going to let me ever see the kids.
Well, this did happen, so the answer is yes, it can happen. You should have a new court date for the new case and you can bring the court’s attention to the prior case. You can potentially use the petition in the first case against the petitioner in the second case. If someone has a chance on April 10 to write down what happened on April 1, and then they have a second chance to write something on April 22, if the stories are different then the petitioner may need to explain why they are different. This is especially true if the second version has more allegations and accusations.
Skipping the hearing can be a problem also. I had a divorce case once where the wife filed for a CPO and didn’t show up to contest it. She later filed a 2nd petition and our judge asked her whether she had pursued the first petition, and why not. Judge didn’t like her explanation and dismissed the 2nd petition.
If you have an ongoing civil case involving custody, let the court know about that also. A judge might tell the petitioner to confine custody matters to the custody case. That potentially at least keeps you in front of one judge for custody/kid issues.
The reason this can happen is that judges usually don’t do any investigation into their cases, so the judge might not know anything about any prior actions. There is usually a requirement in custody cases that the parties tell the court about other actions, but I don’t recall if that declaration is in the CPO petition.
This is intended for informational purposes only and should not be relied upon. Legal problems are very fact-specific and anyone with a legal problem should consult with an attorney.
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