How to get a Protection from Stalking Orderrescinded?

UPDATED: Aug 5, 2011

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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


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

Answered 11 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.

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 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.

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