I have an upcoming scheduled date to be presented to family court for a current temporary order of protection based on domestic violence.I was assaulted while I was pregnant with my newborn son by my eldest son father. He had a warrant for his arrest and was arrested and was presented in criminal court in which I also was granted a order of protection through criminal court. Now given that we have a common son he petition for visitation rights while still having an order of protection in motion due to expire 04/2020. The papers for the petition for visitation was not given to me and I was home. It was given to someone else to give to me and I also never recieved a copy of the petition by mail. Is this a bad service. Also the server filled a affidavit of service and lied that the papers was served to me and is notarized the server left the affidavit of service along with petition by mistake. If this a bad service ? how do I present this to the judge ? Also can visitation be granted to the respondent after assualting me in my home and having a order of protection against them?
Service on a custody case can be made by something called "suitable age and discretion" service where it is given to another person to give to you. Notwithstanding such allowance, most judges prefer personal service and can sometimes insist upon it.
You can argue that you were not personally served. If the father does not have the affidavit of service and you object, the judge will make him serve you again.
Whether he can get visitation when you have an order of protection will depend upon the terms of the order. If the order is subject to subsequent family court orders, then the judge may order visitation. If you claim he is violent and that any visitation be supervised, the judge may order supervised visitation instead.
You should consult and retain a lawyer to represent you in your custody case.
Advice on this forum is for informational purposes only and should never be mistaken as a substitution for legal advice. Answering a question does not create an attorney client relationship. If you need legal advice, you should consult or retain legal counsel.
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