Child Custody

questions & answers

Question: In may 2018 I was granted full legal custody of my daughter . Father was ordered that he needed tons of psych eval.. counseling.. PTSD counseling ..parenting classes etc... before trying to modify anything it's been 7 months and to my knowledge none of this has been done ... I get constant text messages every single day from him which I never reply to but once in awhile to ask him to stop texting me can I file a restraining order for this reason

Answer: Unless the texts are threatening in nature, it is unlikely the court will grant you an order of protection under Arizona Revised Statutes, Section 13-3602.  Restraining orders and orders of protection are basically the same thing in this type of situation.  The statute requires the court to consider granting an order if:  the defendant has already committed acts of domestic violence; or is likely to commit an act of domestic violence.  Among your options, you may consider changing your cell phone number, ignoring the texts or possibly an injunction against harassment.

QUESTIONS

  • In may 2018 I was granted full legal custody of my daughter . Father was ordered that he needed tons of psych eval.. counseling.. PTSD counseling ..parenting classes etc... before trying to modify anything it's been 7 months and to my knowledge none of this has been done ... I get constant text messages every single day from him which I never reply to but once in awhile to ask him to stop texting me can I file a restraining order for this reason

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  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
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