What should I do if my ex filed a temporary protection order against me? 3 Answers as of January 28, 2011

My wife kicked me out in October 2010. I found out she was on meth and having multiple affairs. I have been getting our 3 children every other weekend since, but she is afraid I am going to get custody and filed a TPO. She is still texting me saying if I talk to her civil ally she will drop the order. Can she contact me like this? What should I do?

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
You need to retain an attorney to appear in court with you at the TPO hearing. IF you do not retain an attorney you will be at a disadvantagewhen you try and argue why the TPO should not be issued against you. Your wife should not be contacting you IF she has requested a TPO, but it is not illegal for her to contact you.
Answer Applies to: Georgia
Replied: 1/28/2011
Giannini Law Office, PC
Giannini Law Office, PC | Robert Giannini
Do not contact her. Remember that the protective order comes from a judge, not your ex. As such, your ex does not have the power to give you legal permission to contact her. So if you do, even with her permission, it is a violation of the protective order. That is a crime for which you can be arrested. And, to make it worse, if she lies and says you contacted her to harass her then you could be charged with aggravated stalking. I suggest you get an attorney and let him or her deal with this. Save her messages but do NOT respond to them.
Answer Applies to: Georgia
Replied: 1/28/2011
Goolsby Law Office
Goolsby Law Office | Richard Goolsby
I would recommend that you contact your divorce attorney concerning your rights and options about filing a modification action. In other words, consult with an attorney and proceed through the attorney in a court proceeding. Your attorney could also oppose any extension of the TPO. Good luck!
Answer Applies to: Georgia
Replied: 1/28/2011
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