Q: I got an OOP after my ex got court order to turn over minor to him . Will I get in trouble? Do I inform the court?
I had residential custody and he had ldm and suddenly without consideration of his consider it d v past a judge grabted him custody of our minor even if he's probation for abuse of her and violating an oop, and with medical reports stating she is autistic and terrified of him and needed medication and has ptsd and still she ordered me to turn her over. I went and got an OOP and he has not been served. Bia keeps calling me to turn over minor and I don't know if I will get in trouble for disobedience of judge but my daughter threatened to commit suicide and is terrified and we r listed victims on a case he is on probation w city of Phoenix. I believe she is In imminent danger if she goes with him. Should i file notice with the court of the new OOP? Can judge dismiss it? I have all the medical records and Dr letters she is disabled and we r victims.
A:
You need to stop and consult with an attorney. I certainly understand why you did what you did, but I worry you could be making a bad situation worse.
The Order of Protection has not been served, so it is not in effect. That means you are technically violating the order when you do not hand over your child.
Can you get in trouble? Yes, but it may depend on how the judge views what you did. I think the sooner you discuss your situation in-depth with an attorney, the better off you will be.
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.