Temporary Order that conflicts with current DVPO

What case law prevents me from being court ordered through a temporary order to violate my own current DVPO granted first which infringes on my rights as a DV victim that is already in place?

Judge 1 heard case granted DVPO (including only supervised visits with children, no contact with plaintiff, granted plaintiff full primary custody).

Judge 2 in a status review for child support n alimony, didn’t read DVPO, granted visitation to abuser, ordered plaintiff to communicate daily with abuser and do exchanges.

Children have refused to attend visitation at times and/or flee home of defendant cause of the prior abuse triggers panic attacks and now plaintiff is being held in contempt and awaiting a hearing.
Any help is appreciated. Thank you.

Custody orders will control over any temporary custody terms in a DVPO, therefore, your temporary custody order is what prevails.

You cannot be held in contempt for a DVPO if you are the plaintiff in the DVPO action. If you are the plaintiff, then the order is against the other party, not you.

I’m assuming you have a temporary custody order as the judge would not have had authority to enter temporary custody terms during a child support and spousal support review hearing.

Anna Ayscue

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

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.