What to do about an order of protection and custody?

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What to do about an order of protection and custody?

I have sole custody of my 2 children and there mother has visitation every other weekend, for which I just dropped them off to her because this is her weekend. She filed an order of protection on me based on completely false information in which I was served with the summons the other evening. Now, on the summons, it says her name then o/b/o then my childrens name against me. What does this mean? Does she have to return them to me at the end of her visitation on Sunday? This is my concern because I am not sure why my children were even mentioned on the summons.

Asked on November 16, 2012 under Family Law, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

She could file on her behalf and those of your minor children.  This is her attempt to ensure you don't get the children back. If this is a file that was ex parte and she established no notice was required, then you need to hire an attorney to have this dismissed and expunged from your record. If notice is required to you to begin a hearing to establish whether a TRO is necessary or warranted, you should still hire an attorney.


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