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Temporary Protective Order

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gjvanl

Junior Member
What is the name of your state (only U.S. law)?
Georgia is my state.
My daughter-in-law and son are seperated since June 2010. She had filed a TPO (temporary protective order) against my son. They went to court and the Superior Court Judge ordered it in effect for 1 year. My daughter-in-law is constantly texting and calling him. Now she is threathing to take their 5 year old daughter and move to Michigan. Is there anyway to stop this since there is a TPO in place. I currently have full power of attorney from my son. It would devistate us if she left the state with our one and only grandchild.
Any suggestions would help greatly.
I am unemployed as well as my son, so getting a lawyer is out of the question right now.
 


mistoffolees

Senior Member
You likely don't have any rights in the matter (other than some fairly unusual circumstances). Your son has rights.

Without a lawyer, your son will probably not be able to exercise his rights, though.

Just a few things he needs to be aware of.

- If he can prove that she is constantly texting and calling him, he might be able to get the court to lift the restraining order. That would be a pretty good indication that she doesn't really consider him a danger.

- If the TRO doesn't restrict his access to the child, then he can petition the court for visitation rights.

- If Mom moves the child out of state, then your son can petition the court to have the child returned. Even better - get the custody issues settled now and ask the court for an order that the child not be removed from the state.

- What does the power of attorney cover? I'd be very surprised if it's broad enough to allow you to get involved in his custody issues.

Those are just the high points because I'm sure there's a LOT more to this story than you've let on. For example, what exactly does the TRO say? And why do you have POA for your son?
 

gjvanl

Junior Member
Tpo

OK, here is the whole story. My son was charged with assault against the husband of a friend of his. My daughter-in-law already had a DFCS case open and she says she was pressured into getting the TPO with the assistance of F.A.I.T.H., DFCS workers deny any involvement in obtaining the TPO. The TPO states that he is to have no contact what so ever with his wife or daughter. There has not been physical abuse against her or his daughter.
As far as my POA, I have no say so in regards to custody issues.
 

mistoffolees

Senior Member
OK, here is the whole story. My son was charged with assault against the husband of a friend of his. My daughter-in-law already had a DFCS case open and she says she was pressured into getting the TPO with the assistance of F.A.I.T.H., DFCS workers deny any involvement in obtaining the TPO. The TPO states that he is to have no contact what so ever with his wife or daughter. There has not been physical abuse against her or his daughter.
As far as my POA, I have no say so in regards to custody issues.
Then your son needs to be here asking questions. It is very likely that you don't have the full story.
 

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