Q: Does divorce/chancery court often overturn an order of protection granted in general sessions court, by another judge?
My husband and I got married 3/20/16. Our daughter was born on 7/5. A physical incident happened 9/25 with her present, another on 10/30. The second incident ended in her and I moving out. I got a lawyer and filed for an OOP. It was granted for one year at a hearing in general sessions court. Husband filed divorce paperwork and we have court in January. He is alleging I am on drugs and an unfit mother (neither is true). He's requesting I take a nail follicle test, which I will. What would it take for the chancery court judge to overrule the order of protection? Does that happen often? I just want my daughter to be safe. Thank you!
*** Update: The order is for my daughter and myself. There hasn't been an appeal at this point. Can they do that at any time??
A: The order can't be overruled. You don't specify what terms are contained in the order of protection that apply to the child. If the order of protection doesn't specifically apply to the child, then he is still allowed to seek parenting time in the divorce case. I am assuming that there was no appeal of the order granting the OOP.
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