another question pertaining to a protection order placed on me.?

Question

my wife had placed a protection order on me not for physical abuse but to keep me from calling her. ok im over that now but my daughter is included in this. which she didnt want, my question is can I get the protection order revoked if she calls me? reason I ask is "please dont think i dont care about my daughter" that she let my daughter call me for my birthday and has broken the protection order a couple of other times. but will still not let me see my daughter atleast until after november 3rd of the court appointment. and need to know if i can prove she is calling me if i can have the order revoked, not that i want to because i respect her having it done for herself but to be able to see my daughter again. as of the time being im keeping my mouth zipped and being good at not personaly breaking the order. but the idea of waiting 60 days to even think about seeing my daughter again and not knowing what the judge will decide is nerve racking. thanks to all who help

Troy

Answer 1

Troy,

Wait this one out!!! Let the court settle it, you can only make it worse by trying to jump the gun on this.

Number 1, the child is being allowed contact with you. Believe it or not, a judge will look at that as your wife having your childs best interest in mind.

Number 2, you can bring this up in court, the judge "can" set aside a time for you to contact your daughter. I know that's not expediting your case. But if you move on your own, you will be held in contempt, and will likely suffer even more restricttions.

Think with your head....not your heart. As hard as that may seem.

Once you get to court...NEVER SETTLE if you think an issue is unfair and your attorney says "take the deal" Allow the judge to settle the issue.

Answer 2

Dear Friend, you are between a rock and hard place and you must obey the order. Anything that you do or try to do must be done though the court. Be careful. Also it is my belief and I think that history will back me up on this, civil court actions have little to do with the law, Judges can and do whatever they think is best whether that is right or wrong. Remember that as of now you are the problem and the court will look at it that way. If you have a attorney have him or her make a motion to the court as to your right to see your daughter, usually some arrangement will be settled on. Personally I would not try to make a case out of phone calls to you. A Judge will say that she was just being nice to you on your birthday. And, again, remember that the court views you as the problem as of right now. Be careful. And good luck.

Answer 3

Your questions would best be answered and directed to your attorney, which if you don't have one you may wish to do so soon! If you wish to be a good father, and exercise your rights with your daughter as a parent, arguably it is best to have an attorney fighting for those rights. You will need to follow the advice of your attorney to a the letter and spirit of all relative orders that follow, and including the protection order. Be patient!

If you act in the best interests of your daughter at all times, she will be aware of this and you will be better off in the long run. Document the facts daily in a written journal until your court date and provide these to your attorney. Don't "bad-mouth" your ex-wife no matter how bad she treats you. This will make it obvious to your daughter if she ever has to choose. She will also respect you for holding a higher standard.

Beware of wiretapping and esque29m's advice! It depends on what the state law allows in the state that you are recording the telephone call in. His advise is true for Texas and a few other states, but not all. Check the Penal Codes for the state you are in to see what is permissible with regard to tapping conversations. Again, a question best posed to your attorney.

Answer 4

Your impulse control is obviously less than stellar, and it even comes through in the question.

Stay clean and sober. Write a letter to your daughter every day and do not mail them. Make them soul-searching and show some insight into how you got to this point in your life. At the time of the hearing, show them to the judge, and inform him that you do not wish to give them to her until she is old enough to understand.

Show the judge that you are getting your impulse control disorder under control by patiently waiting until the appointed time. Your daughter is young enough that if you don't do something stupid in the meantime, she will not even remember the interruption in your contact when she is older.

By counting coup and tattling on the wife for this "infraction" (which I don't think will impress the judge), you are showing that your level of maturity is not sufficient to have the order lifted.

Answer 5

As difficult as it may seem do not violate the protective order. If you do you may find yourself in jail. With that said there may be somethings that you can do to adjust the order to require supervised visitation but all of that requires your going back to court. If you have an attorney s/he may be able to work out something in advance of the court date. If she has allowed your daughter to call you a couple of times I would not attempt to use that against her but rather point out how well you behaved during those experiences. Remember, if she has a protective order, she has impressed a judge that she needs one based on your behavior in the past. You need to impress the judge that your future behavior will be such that your daughter and ex-wife will be "safe". Generally emotions and anger will only make your situation worse regardless of how "justified" they may be.

Answer 6

The order will not be revoked if your daughter calls you......regardless of who instigates the call, YOU are the person who is under court order to stay away and have no contact so it is YOUR responsibility to hang up immediately and not have phone contact. It is in your best interests to follow that order to the letter until your court appearance so that the judge will view you as a responsible adult who understands his legal obligations. If the court date arrives and there is documentation of several times you are seen to violate the order, it won't help you get what you want in the long run.

Answer 7

No matter how hard it is hang up when the child calls.
You will be charged with breaking the order no matter who made the call.
I have seen it first hand.
Document these calls and bring this up at the court hearing.
If she leaves messages save them, if your phone shows incoming calls save them.
60 days to not see your child?
Call a lawyer ASAP
Good luck

Answer 8

For protection orders, you have to return to the source where your wife had it issued, don't go toghether because in most states you can be arrested for violating the protection order, the protection order cannot be cancelled by your wife, it has to be done where it was issued,

Answer 9

You can get a tape recorder that goes to your phone jack to prove that she is still calling you because she would be in violation of the order. It is not a crime to wire tap yourself, just as long as one of the parties knows the tapping is going on..

Answer 10

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