Ask a Lawyer - Archive

My wife ran out of state with kids filed a protection from abuse. She won the case with no proof of the abuse. I have a lot of DUIs on my record and I believe that was used against me. Is there any way I can get the protection from abuse thrown out? Was it legal for her to take kids out of state without my permission?

If the judge believes she was leaving to escape family violence (which apparently is the case), the judge will almost certainly allow Mom to leave with the children. I know of no state that would restrict her leaving that wouldn't make an exception for domestic violence. You certainly can file to get the PFA finding "thrown out," but it seems a low-percentage play at this point (good way to spend money on lawyers - yours and hers, and unlikely to yield results useful to you). You may find that it makes more sense to simply be a model father. This would mean using all the time the court allows you to spend with the children, evidencing genuine interest in their activities and interests, and not pursuing a relationship with their mother. Judges sense that over time.