I was divorced Oct 2015 in Texas. Due to financial reasons, I had to move to OK, and my children didn't want to change schools mid-year, so they stayed with their dad there. We have joint custody. HOWEVER, ever since I've moved, my ex has filed a Protective Order against me claiming that I was "violent and dangerous to him and the kids." Which is absolutely FALSE!!! I have NEVER been violent or anything of the sort, EVER! Not to mention, I've never been served on this PO.
I only found out about it bc my 10-yr old told me about it. "Dad says his lawyer says it's not safe for us to visit you for spring break; they have some papers for you."
I've been checking court records since then, and my ex has since then filed for MULTIPLE extensions and keeps trying to have me served, at least four times now. (I live out in the country, kind of hard to find.)
STILL HAVE NOT been served. The only reason he is doing this is to prevent me from seeing my children, absolutely out of revenge or malice. Summer break is coming up, and I have notified him of my intention to have my boys for the summer, as decreed by our divorce papers. But this Order will prevent that if I ever get served.
You have just posted on a public forum that you are aware of the Exparte Protective Order/ Protective Order suit and your knowledge or belief that it prohibits you from exercising visitation with the children, and your statement that you intend to violate the order. Did I get that right?
Hire an attorney and address this head on. Your intention to have your children for the summer is very unlikely to come to fruition if you don't. And erase this post.
Ms. Laster practices in Dalla
Hire a lawyer, You can probably just file an answer and move forward with the case. Or you can choose to be mad at him and stay a victim. You need legal counsel that is more specific than you can get on this site.
This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.
The PO is not in effect until you are served. It has criminal penalties if violated so you definitely need to speak to an attorney. If he is lying and you can prove it you should take it up in the courts and get it resolved.
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