How can I legally have contact with my husband after an ex parte order has been issued?

Get Legal Help Today

 Secured with SHA-256 Encryption

How can I legally have contact with my husband after an ex parte order has been issued?

I received an ex parte DVPO 2 days ago. The hearing is scheduled for next week. My husband has not been served. I would like to have contact with him to work things out. We have children, and I never wanted a legal separation. I just needed some immediate relief and documentation of his assault against me. I understand that I cannot stop the serving process, but how can I terminate this civil action so we can communicate legally even if he is served?

Asked on April 27, 2011 under Family Law, North Carolina

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You will need to go back  to court and ask for the motion to dismiss the domestic violence order of protection.  To do otherwise may get him in trouble and delay the efforts you make to reconcile.  Talk to your divorce attorney about your options and make sure you document everything.  If your husband has criminal proceedings against him because of this order, you and your counsel will need to talk with the prosecutor, as well.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption