Phoenix, AZ asked in Family Law and Child Custody for Arizona

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

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1 Lawyer Answer
Stephen M Vincent
Stephen M Vincent
  • Divorce Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

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

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