Ex Parte Order over 30 days old

[5hot6un]

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

An Ex parte order of protection was issued on March 9th that also granted my estranged wife temporary custody of my daughter who had been living with me under a previous mutually agreed and court signed custody arrangement.

My estranged wife's lawyer requested an extension to the hearing that was scheduled for April 7th. That hearing is now scheduled for April 14th.

However, Arkansas law states:
9-15-206. Temporary order.
(c) A temporary order of protection shall be effective for a fixed period not to exceed thirty (30) days.

The order is now 34 days old.

A local police officer told me he has to assume the order still stands until the hearing has been held.

I feel my right to due process has been violated and that this order can not be enforced. I also feel that my lawyer has not done his job. What should I do?

 

[CdwJava]

It sounds as if the order is still good till the 14th. As such, I would suggest you abide by it. Is it worth going to jail to violate it? What you "feel" will not survive an encounter with what a judge has ordered - which includes a continuance, apparently.

 

[5hot6un]

Thanks

I'm not considering going against the court. I want to know how to challenge my lawyer. 2 days before court and I feel I should fire him. But I don't have time to get another lawyer.

 

[stealth2]

For starters - why was an order entered against you?

Have you talked to your lawyer and asked him this question? Seems that would be the place to start.

 

[CdwJava]

Do you really believe your attorney could have made a case to challenge the continuance for a few days? If you do not like the attorney, let him go and ask for another continuance. Of course, that means the order will likely be extended but you can have time for a new attorney.