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Needing advice! Permanent Protection Order

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SDMO3

Junior Member
What is the name of your state (only U.S. law)?
South Dakota

I have a Permanent Protection Order against my ex-husband, it was granted in 2014.
He has violated it multiple times, and I reported it religiously...until I realized that the local Sheriff's Office wasn't doing anything about any of the reports. So, I went as far as unplugging my house phone so that he would quit harassing myself and my children.
We began to talk recently and he claimed he was sober now and doing well for himself. I made the mistake of taking my children and going to see him. I know I shouldn't have, I'm very well aware of that, and honestly, I don't know why I did. I feel like I was guilted into it, and he is a master manipulator. I guess I acted on my moment of weakness. Shortly thereafter, he got drunk and reminded me of why I left in the first place.
Now, he called to tell me he is taking me to court to get the PPO dismissed. I am terrified that the judge will dismiss it because I hadn't reported the other violations and that I went to see him.
I DO feel he is a threat, I sleep with my doors and windows locked and lose sleep over the thought of him showing up here. I KNOW it was a mistake to go see him. As stated above, he didn't take long to remind me of why we are divorced and the PPO is in place. I just need some peace of mind. He has told me on multiple occasions that if he gets to see my kids unsupervised that I will never see them again.
What else can I present to the judge if he does, in fact, take me to court?
Should I report his latest violations to the Sheriff's Office? For documentation if nothing else, because as I've stated, they never pursued charging him with any of the violations I reported.
Can a PPO be dismissed against a victim's wishes?
He is not a healthy person for my children to be around, and I know I screwed up by going to see him, but I don't want my mistake to jeopardize my PPO, because my kids are my life.
 


quincy

Senior Member
What is the name of your state (only U.S. law)?
South Dakota

I have a Permanent Protection Order against my ex-husband, it was granted in 2014.
He has violated it multiple times, and I reported it religiously...until I realized that the local Sheriff's Office wasn't doing anything about any of the reports. So, I went as far as unplugging my house phone so that he would quit harassing myself and my children.
We began to talk recently and he claimed he was sober now and doing well for himself. I made the mistake of taking my children and going to see him. I know I shouldn't have, I'm very well aware of that, and honestly, I don't know why I did. I feel like I was guilted into it, and he is a master manipulator. I guess I acted on my moment of weakness. Shortly thereafter, he got drunk and reminded me of why I left in the first place.
Now, he called to tell me he is taking me to court to get the PPO dismissed. I am terrified that the judge will dismiss it because I hadn't reported the other violations and that I went to see him.
I DO feel he is a threat, I sleep with my doors and windows locked and lose sleep over the thought of him showing up here. I KNOW it was a mistake to go see him. As stated above, he didn't take long to remind me of why we are divorced and the PPO is in place. I just need some peace of mind. He has told me on multiple occasions that if he gets to see my kids unsupervised that I will never see them again.
What else can I present to the judge if he does, in fact, take me to court?
Should I report his latest violations to the Sheriff's Office? For documentation if nothing else, because as I've stated, they never pursued charging him with any of the violations I reported.
Can a PPO be dismissed against a victim's wishes?
He is not a healthy person for my children to be around, and I know I screwed up by going to see him, but I don't want my mistake to jeopardize my PPO, because my kids are my life.
Rarely will a PPO be dismissed against a victim's wishes if the circumstances have not changed that led to its issuance in the first place.

Your ex-husband can get into trouble for violating the PPO by seeing you and your children, even if you okayed or arranged for the visit. A victim cannot violate the order they have against someone else. It is up to the one restrained to obey the order and all terms of it.

If or when you go back to court, I suggest you report the latest violation, and take copies of the reports you have made to the sheriff's office and, if the sheriff's office is not enforcing the order that is in place, report these failures-to-enforce as well.
 

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