How to get a Protection from Stalking Orderrescinded?

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How to get a Protection from Stalking Orderrescinded?

I am my husband’s POA. His ex-wife was not paying for a car loan granted in their divorce 4 years ago but still in his name. I messaged her very casually asking her when it was going to be getting into her name. 3 days later I got slapped with a PFS. I went to court with no attorney (due to not having time to find one) so she was asked what she wanted and it was given. Now I am being kept from my step-children. How can I rescind this? I have all messages printed out and I have never threatened her other than saying we would take it to court. My husband is coming home for leave (he is currently deployed) and he won’t be able to have the kids around me while he is home.

Asked on August 5, 2011 Kansas

Answers:

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

Answered 10 years ago | Contributor

You need to seek legal counsel in your area as soon as you can here.  The procedural law and the substantive law in your area will govern what you are able to do.  Generally speaking, it is very difficult if not impossible to change the order issued.  But if you were not represented by counsel in this matter  - was it in criminal court or in family court or where? - then you may have some way to have a hearing opened.  Now, in the meantime you need to adhere to the order.  If your husband is coming home and he will have the kids then you need to find somewhere else to be when they are there.  I know that it is difficult but you have to do it.  Otherwise you will be in even a deeper mess than now.  Good luck to you.


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