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Order Of Protection hearing tomorrow...?
Me and my daughters dad has split up and we are gonna stay at that. I got my own place but I went to pick up some of my things at his home. I took my mom with me and they've never got along.. well things got out of control and they both called the police at the same time. He was angrier than i've ever seen him he punched a hole in his wall said he was gonna get a gun and shoot somebody while he went into his bedroom. The next day I went and got an order of protection against him.
Now I would like to drop the order.. I have thought about it and I dont believe he would hurt me or my daughter and I dont want to keep his daughter away from him. He was more after my mother.. We dont want to get back with each other I just want to drop it and get on we both have jobs and dont have time for court. What can I say to the judge where its not gonna make me look like i was lieing on the report..
Your question has been reproduced below to preserve your original fact pattern.
Q: Order Of Protection hearing tomorrow...?
Me and my daughters dad has split up and we are gonna stay at that. I got my own place but I went to pick up some of my things at his home. I took my mom with me and they've never got along.. well things got out of control and they both called the police at the same time. He was angrier than i've ever seen him he punched a hole in his wall said he was gonna get a gun and shoot somebody while he went into his bedroom. The next day I went and got an order of protection against him.
Now I would like to drop the order.. I have thought about it and I dont believe he would hurt me or my daughter and I dont want to keep his daughter away from him. He was more after my mother.. We dont want to get back with each other I just want to drop it and get on we both have jobs and dont have time for court. What can I say to the judge where its not gonna make me look like i was lieing on the report..
A: There is no quick answer to your question.
Chances are that you got an Emergency Order of Protection and must return to court within about two weeks to have a hearing for a "plenary" or "final" order.
All you have to do is tell the judge the same thing that you said here.
But you might also want to talk to a domestic violence advocate at your local courthouse before you make any final decisions. What you do know is that your ex was violent enough for you to make a report and for teh judge to grant the emergency order. Your ex might become violent again. An order of protection is often a way to prevent someone from giving in to the urge to be violent again. Maybe you should have your daughter taken off the order of protection, but let the order of protection be effective for you and for your home?
It's hard to say what you should do without knowing the particulars of your situation, so seek expert help by contacting the domestic violence advocates at your local courthouse or by calling a local domestic violence hotline.
[This is not legal advice. You should consult a licensed attorney-at-law for legal advice or representation before making decisions that may affect your legal rights.]
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