If I have an order of protection against me and I’m somewhere first but the petitioner shows up later, do I have to leave?

UPDATED: Oct 2, 2022

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If I have an order of protection against me and I’m somewhere first but the petitioner shows up later, do I have to leave?

If I’m somewhere, say for example McDonald’s, and the petitioner of the Order of Protection shows up. Nothing

planned, do I have to leave or, since I was there first, do I have the right to be there? The petitioner is my wife, and all allegations were false. Yet, order was still granted?

Asked on September 7, 2019 under Family Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you'd have to leave, unfortunately, assuming this is the typical order of protection. The usual order would not restrict her whereabouts, only yours; you are the one who is bound by the terms of the order, so, fair or not, you're the one who'd have to leave.

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