Can States Attorney file parental kidnapping charges if my estranged wife filed a false Protective Order in state she fled to?
3 attorney answers
I think you need to understand that there is no such thing as a "false protective order." Once the Court grants it, it's real and binding. You need to make sure you get an attorney in Illinois that can get it overturned. if the PO is upheld, then there's no claim for kidnapping, provided the PO awards her custody.
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You probably need 2 attorneys. 1 in MD and 1 in IL. The Uniform Child Custody Jurisdiction Act is very complicated which controls where your case should be. You have reached out to the wrong parties for help. Unfortunately, your waiting more than six months makes everything even more complicated.
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You should hire an attorney in the county in Illinois that the Protective Order was entered into.
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