Q: May I request that Tolling begin from the end date of my completion of intensive Cognitive Behavioral Therapy?
Emotionally distraught from witnessing the aggravated kidnapping of my children 3 mts prior, I did not have the mental capacity to give an accurate testimony regarding domestic violence that frequently occurred in my home. He knew what absconding with our children would do to my emotional disposition. The frivolous divorce suite he filed was just a smoke and mirrors act conjured up to discredit my testimony during his criminal trial. There were so many times during our marriage where I had to convince him not to carry out his terroristic threats to commit manslaughter of the children and myself. After sequestering them for 3 mts., I knew that if I should decide to testify against him during any court proceedings, he would definitely carry out his threats to kill us. There were 32 reported incidents of DV when the DA finally held him accountable for ONE! Although we were his victims, our complete isolation initially prevented my knowledge of the PO and his pending criminal proceedings.
A: Tolling what? The protective order? The duration of a Family Violence Protective Order is set at the time of the original order and it is not possible to extend an order through the modification process. However, it is possible to extend a protective order if it expires while the respondent is still in prison.
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