Ask A Lawyer: Can I See My Son When She Placed A False Protection Order Against Me?


My wife and I are in the beginning stages of a divorce. On June 14th, 2009, she took my son more than 200 miles away and then filed a personal protection order stating that I had abused her. I have many witnesses stating that I have never abused her and never would.  I want to see my son again, so how do I get past the personal protection order to do so?




Have your lawyer address this aggressively. If you don’t have a lawyer you should probably hire one, especially if she is willing to lie to the court so she can get what she wants.  You don’t state whether the protection order was filed in your divorce court or in the court 200 miles away.  If it was in the court 200 miles away, then you should move to dismiss it because these generally have to be filed in the court of the locality where the alleged abuse occurred (unless she is claiming you traveled 200 miles to commit the alleged act).

Erik H. Carter is a Senior Attorney of the Cordell & Cordell, P.C. office in Indianapolis, Indiana as well as the Litigation Manager of both the Indianapolis and Pittsburgh offices. Mr. Carter has practiced since 1993 as an attorney. He is licensed in Illinois, Indiana, Pennsylvania as well as the Northern District of Indiana and the Southern District of Indiana.

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