Legal Question in Family Law in Georgia
Mr. Piraino
I must of not stated my question with much clarity.
We are divorced.
I was personally served the TPO by the sheriff.
I filled a Rule NISI. Then I dismissed it and filled it with the Clerk of the courts and hand delivered a copy of the dismissal to the judges secretary. Then the next day after my case dismissal my ex and her attorney are in court and then a week later I got a postcard and told to pickup some civil papers. I did and the papers from them were stating they wanted to take my children from me.
I was not at that hearing nor was I notified of hearing so I guess my question is is that legal and can they do that. My kids live with me full time, we have joint custody but my ex is an absent mother at best.
The police report she used to get the TPO she stated that I never looked at her said anything to her and that I never even got out of my car.
1 Answer from Attorneys
The exparte order usually has the hearing date listed. You need to check the exparte order you were served with and I believe it probably has a date. If it does and you did not attend the hearing, the court will go ahead and enter an order. I am not sure what you mean you filed a rule nisi unless you filed a counterclaim. Whether or not you dismissed your rule nisi has no bearing on the case. She filed a TPO and she went forward with her hearing. If the children were with you, I assume you were awarded the children in the divorce. You should have immediately retained an attorney. Again, you need to take your paperwork to an attorney for his/her review and see what can be done.
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