Asheville, NC asked in Domestic Violence, Divorce, Family Law and Child Custody for Tennessee

Q: I had a order of protection on my husband due to domestic violence. That has since expired and he’s off probation and

completed his classes. He got the kids out of state unsupervised twice since all that was finished but during the order they were supervised. But now my legal aide attorney said to withhold the children until she reviews some case files to determine whether unsupervised should continue or if going back supervised would be the better option. Do I send them or no? He said that without a judge saying so the lawyers word doesn’t matter especially before our divorce is final.

1 Lawyer Answer
Bob G Huddleston Jr.
Bob G Huddleston Jr.
Answered
  • Divorce Lawyer
  • Memphis, TN
  • Licensed in Tennessee

A: Violating a court order opens you up to potential criminal and civil contempt.

I would advise you to speak to your legal aid attorney about those risks so you can make a fully informed decision about whether to possibly risk 1) you going to jail for contempt of court, and 2) a court order modifying visitation so that the father gets more visitation with your son than he currently.

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