Does a child custody order that allows for both parties to meet for pick up/drop off of a child override a civil protection order?

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Does a child custody order that allows for both parties to meet for pick up/drop off of a child override a civil protection order?

My boyfriend has a child with an ex. She has a civil protection order against him. A subsequent (after the CPO) juvenile court ruling states that pick up and drop off of the child between the two parties can happen at a mutually agreeable place. She recently had him arrested for violating the protection order when he showed up to a convenient store (which was agreed upon by her) to drop off his son to her. Can she do this?

Asked on January 31, 2012 under Criminal Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No need to ask if she can because she apparently did.  Your boyfriend needs to get help with this as soon as possible.One order does not necessarily over ride the other and the order of protection remains in place until it is taken care of or expires.  I would strongly suggest that he not speak with her or do anything else to violate the order from this point forward.  It could hurt him with the issue of visitiation and custody in the end.  She is playing games.  Have a family member drop off the boy or have her have a family member pick him up.  But get a lawyer asap.  Good luck.


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