The Magistrate in my divorce case filed a Temporary protection order against both my wife and i, restraining her from contacting me and vice versus, but there is no complaint or allegation of threats or violence from either party included with the TRO and the return date for a permanent orders hearing isnt until march of next year instead of the statutory 14 day maximum.. how do I go about fighting this?
I suspect this was not entered as a Civil Protection Order, so the statute to which you referred would not apply. If you disagree with a decision of a Magistrate, then you must file a motion for review by District Court judge within 21 days from the written order, or within 14 days if you were present in court when the order was entered.
This answer is provided as general information about a legal issue, is not legal advice specific to a particular case, and does not create a lawyer-client relationship with the person asking the question.
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