can an order change without me going to court?

[tiffscbr600]

What is the name of your state (only U.S. law)? West Virginia

Hi all, in December 2009, my ex fiancé decided to choke me out (again) and held a loaded gun to me. I obtained an emergency protection order and was granted an order good until June 26th 2010. our children are also included in this order and he was granted no visitation with them (they are 4 and 2)
he is facing 6 felonies and is on a GPS bracelet, not allowed in my county, etc. he is out of jail on bond.
he called my mothers cell phone two times and the house once leaving messages saying the judge granted him the kids Monday-Wednesday and every other weekend. i spoke with the PA and the magistrate on Friday (he is saying he went to court last Monday PA said NOTHING about any type of court and I'd think he'd know since the ex said the PA was there) and they said there's no way he could get visitation with them unless the order is modified in court

my question is is there any way this is possible? he is getting very threating with his voicemails and I am terrified.. the PA is going to get a court date to include my mother in the order but he is insisting to a friend of mine he has papers saying he can see the kids.. is this possible without me being in court? I am about to be sick about this since he doesn't want to have anything to do with the children..

 

[CdwJava]

Do not believe anything he is telling other people. If he violates the court order, call your local police immediately.

Are the children named on the protective order? if not, find out how to get them added to it.

Do not believe ANYTHING that is not on writing that includes a judge's signature. Even then, you might consider contacting the local police or the magistrate or prosecutor handling your matter to let them know because it might be possible that he might be able to bamboozle a local magistrate in his county that could be unaware of the situation in yours.

Stay in contact with the authorities as to what is happening and what he is saying and to whom.

 

[Banned_Princess]

What is the name of your state (only U.S. law)? West Virginia

Hi all, in December 2009, my ex fiancé decided to choke me out (again) and held a loaded gun to me. I obtained an emergency protection order and was granted an order good until June 26th 2010. our children are also included in this order and he was granted no visitation with them (they are 4 and 2)
he is facing 6 felonies and is on a GPS bracelet, not allowed in my county, etc. he is out of jail on bond.
he called my mothers cell phone two times and the house once leaving messages saying the judge granted him the kids Monday-Wednesday and every other weekend. i spoke with the PA and the magistrate on Friday (he is saying he went to court last Monday PA said NOTHING about any type of court and I'd think he'd know since the ex said the PA was there) and they said there's no way he could get visitation with them unless the order is modified in court

my question is is there any way this is possible? he is getting very threating with his voicemails and I am terrified.. the PA is going to get a court date to include my mother in the order but he is insisting to a friend of mine he has papers saying he can see the kids.. is this possible without me being in court? I am about to be sick about this since he doesn't want to have anything to do with the children..

You should go to the police with your restraining order, and his voicemails, so he can be arrested again.

 

[tiffscbr600]

the children are on the order. I have contacted the magistrate and the PA I will call the police again tomorrow.. the county he resides in (where the domestic and felonies took place) the cops are flat out LAZY and don't seem to care. he texted me 9 times withen 4 days and he was not rearrested. they addressed it at a hearing but they just told him again not to contact me.. what good is the order?

I still have the voicemails on my moms phone and on the house phone. I will absolutly be sick if something could change without my knowing about it or having to go back to court..

 

[CdwJava]

To be fair, the cops in the other county may have no good cause to make the arrest as the crime occurred in your county. Until you receive it, the crime has not been completed. Out here, if you lived in a neighboring county and reported to us that he violated a court order by calling you, we would refer you to your agency and could not generally make the arrest ... with some exceptions. So, until your local court finds that he has violated the order, the cops in HIS county may have no real authority to make the arrest. It depends on how this works where you are. Maybe the magistrate and the prosecutor can give you more insight during the week.