Petitioner and Defendant marry and have a child. When baby is 3 months mother is served with divorce papers and temporary ex parte protective order while she is in the hospital with post partum depression and detox from pain meds from c-section. After a month the Petitioner lets defendant move back into the residence and resets court date over and over. He allows her to take care of her baby 24/7. Defendant has not talked to the judge about the temp. ex parte order, nor has evidence been presented. Petitioner controls defendant with threat of temporary ex parte protective order. Turns out Petitioner is a batterer, defendant wants to leave with baby but is afraid of arrest. What effect does the fact that the Petitioner let the Defendant move back to residence have on the order? Thanks so much!

Check the expiration date of the ex parte order. If the court date has been reset "over and over" it is possible that the order has expired and is of no further force or effect. Reconciliation / "agreed" violations of the protective order are viewed very differently by different judges, so it is next to impossible to predict how the judge you are in front of may address that issue.

Thank you Larry. Yes, indeed the Temporary Ex Parte Protective Order expires after 20 days and the Applicant's attorney just keeps reseting. Today I found where the Applicant filed an Affiddavit of Non-Prosecution dropping all charges. Wouldn't this affidavit of non-prosecution help with the judges decision to vacate the order?