Dropped DVPO and Custody Hearing

Will the judge at my custody hearing see that I was given an emergency dvpo, even though I dropped the suit? Will it be given any weight in custody determinations? Also, my hearing has been postponed so I am currently under my temporary order, which provides that I be present for upcoming summer visitation, however I’m concerned for my safety. If I file assault charges from July 2019 in PA, do I need a PA lawyer? I’m concerned my ex will not abide by our temporary order because the police don’t enforce custody orders in PA.

The judge at a custody hearing may not immediately know that you were granted an ex parte DVPO and later dismissed it, but the judge can perform a quick computer search from the bench and find out this information. Dismissing the ex parte DVPO that you were granted likely won’t have impacts on your custody case, but the judge may be curious as to the reasons why you dismissed it.

If you want to file criminal charges in PA, you’ll need to contact the law enforcement agency that has jurisdiction in that area of PA. If charges are filed, a prosecutor would be assigned to your case.

Your temporary custody order remains valid and in full force and effect unless the order states otherwise, so you will be required to follow the order. If the other parent does not follow the order and it is a willful violation of the order, you will be able to file a contempt motion (motion and order to appear and show cause) against the other parent.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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