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My wife file a false DVP on me in the state of WV. But here's my question, I was served on Saturday night.

Charleston, WV |

Are court date was the following Tuesday and I did not have time to get a lawyer. So Tuesday morning I went to court and told the judge that I did not have time to get a lawyer but he would not hear anything I said. Then he ask me if I was willing to enter in to the protection order. I didn't know what was in it and I didn't know what to say. So the judge told me that I should because it would be better for me than it would be if I didn't. So I agreed, not knowing my wife and her lawyer had in there that I was a danger to my kids. We have 4 two of them are over 18 and they know I would never hurt anyone of my kids. Never have, now it's been a year an a half. For the first year I was only allowed to see my kids 4 hours a week now I'm up to 15. Please help, I'm a good dad.

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Attorney answers 1


How is this possible that it has been in effect for a year and a half if so wrong? You need to get a local attorney ASAP immediately to seek to vacate the order - is it even still in effect because usually they last a year, although she could have sought an extension. If money is an issue, contact the Charleston office of Legal Aid of WV. Help yourself here and get an attorney!!

To questioners from West Virginia & New York: Although I am licensed to practice in your state, I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.

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