Legal Question in Family Law in Montana
motion to dismiss order of protection
My friend's future ex-wife was granted an order of protection despite his best efforts to convince the courts it is she that is abusive and he that needs protection. She has used this to keep their daughter from him, too. She has baited him into violating the order of protection then had him arrested, so he is also on probation.
Recently, she became abusive in her current relationship then attempted suicide. My friend received legal notice that he is now allowed to have his daughter 3 days a week and it has been recommended to the courts that should there be further incident, she will be remanded into his custody.
I contend now is the time to vacate? dismiss? the order of protection, get him off probation and get his parental rights reinstated legally not to mention get divorced.
After hours of searching, I can find no examples of either a motion to vacate or a motion to dismiss an order of protection. Can you please tell me what the correct terminology is?
2 Answers from Attorneys
Re: motion to dismiss order of protection
Your search terms are probably good enough.
Re: motion to dismiss order of protection
I am not an Attorney in USA but as a Visiting Scholar at UNC School of Law, studying Domestic Violence Laws in USA, can help you in understanding the terminology about legal provisions of your area. You are welcome to write me e-mail
(a) about the web pages you had been surfing
(b) the information you need; and
(c) the legal terms needing clarifications.
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