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.
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