Heber Springs, AR asked in Child Custody, Domestic Violence and Family Law for Arkansas

Q: does an order of protection remain if child custody is changed

My mom got an order of protection against my step-dad for her and my little brothers. My grandma recently took them as their legal guardian. My step-dad brought over a tv for them with my grandmas convent but we are worried my mom will press charges. Is my grandma at any legal fault?

1 Lawyer Answer

James E Hensley Jr

Answered
  • Divorce Lawyer
  • Conway, AR
  • Licensed in Arkansas

A: Probably won't get into trouble since grandma consented. Still, he could be in some real trouble if she changes her mind. The order tells him to stay away from certain people. It was the Judge who made the order. If step dad wants to see the kids or visit under any circumstances, he must obtain permission from the Judge and not just the grandma.

Often, people who are subject to an order of protection violate the order by doing something they believe is good. It is still a violation and shows the Judge that they will not follow the order. Hope this works out.

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