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Monday, February 24, 2014

Problems with Protective Orders

Another divorce question from the Boards:

Question:
Can i file a harassment suit against wife, she keeps taking me to court to get protective order but they won't grant and i have to keep taking off work.

Answer:

How to deal with harassment via protective orders:

A couple of potential angles.
  • First, you need to review your custody or divorce order and determine if there is a provision you can charge her with violating. If so, see about a show cause (contempt) order.
  • Secondly, you can possibly bring an action for interference with your employment contract. Don't know enough if that will work.
  • Finally, you can file a show cause on the current protective order itself.
However, you definitely need to meet with an attorney about this. Why did you get a protective order in the first place? Why does a magistrate continue to allow complaints to be filed against you if they are groundless? What is the genesis of the problem? If you don't fix this, you'll be at this forever. An attorney can help you interpret what the heck is happening and how to stop it. Do not presume you know how to do this. You could find yourself truly violating the order, or doing something very bad. Talk to someone who handles these types of family matters. You are not the only person going through this -- not uncommon at all in family litigation. Unfortunately, there are even attorneys who tell their clients to file as many protective order violations as possible. This is never a good idea. If you would like to review those papers and discuss how you can stop this and re-take control of the situation, give us a call. 703-402-2723.

Sean Hanover, Esq.
Hanover Law
www.hanoverlawpc.com
Offices in Fairfax and DC
888 16th St. NW
Washington, DC 20006

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