Q: Can I go to drop and pick my kids up with my wife to my kids dad?
He made claims to the court's that he put a restraining order/injunction against me, so I wouldn't go. I went to multiple courthouses in Phoenix as well as in mesa,az and they all said there are not restraining orders open or in place. They did say he filled multiple but 1. I've never been served and 2. There are no documents in their system of these orders. So therefore can I be present at the drop offs
A:
A protective order is not in effect until it is served. As you say nothing has been served on you, the Order of Protection is not in place.
You can be at exchanges unless there's a Court order directing you to not be there. Be very cautious, though, Dad sounds like he may be looking for you to slip up and may even goad you into an altercation. I'd recommend staying in the car unless there's a safety reason requiring you to be out of the vehicle. Do not speak to Dad. Do not react to Dad.
Mike Branum agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.