Temporary Protective Order Challenge

Summary

In Iowa, protective orders can be challenged in court. Evidence of the claimants violation could be relevant. Hiring a lawyer is recommended for best results. If hiring a lawyer isnt possible, your nephew can represent himself in court (pro se). He should prepare thoroughly by understanding the relevant laws, gather all evidence of the violation, and consider seeking advice from a local legal aid service. If Legal Aid is unable to assist, your nephew may consider reaching out to law schools in Iowa. Many have legal clinics that offer free or low-cost legal assistance to those who cannot afford a lawyer. In such a case, your nephew can try contacting Iowa Legal Aids Volunteer Lawyers Project for pro bono services. If still unaffordable, he can self-represent and should study court procedures and laws regarding his case extensively.

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My nephew is going to try and fight a temporary protective order so he doesn't get his rights to his son taken away, can he ask for it to be dismissed because the victim violated the last protective order numerous times
Hello ****, it's crucial to know your location, as laws vary by region. However, in general, if the protected person violates the order, it does not invalidate it. It's advised to gather evidence of these violations for court.
Iowa
In Iowa:
- Protective orders can be challenged in court.
- Evidence of the claimant's violation could be relevant.
- Hiring a lawyer is recommended for best results.
I advise your nephew to consult with a local attorney for detailed guidance.
What if we can't get a lawyer, cause we have tried and court is not very long away
If hiring a lawyer isn't possible, your nephew can represent himself in court (pro se). He should:
- Prepare thoroughly by understanding the relevant laws.
- Gather all evidences of the violation.
- Consider seeking advice from a local legal aid service.
Legal aid won't help
If Legal Aid is unable to assist, your nephew may consider reaching out to law schools in Iowa. Many have legal clinics that offer free or low-cost legal assistance to those who cannot afford a lawyer.
He doesn't have much money to give tho
In such a case, your nephew can try contacting Iowa Legal Aid's Volunteer Lawyers Project for pro bono services. If still unaffordable, he can self-represent and should study court procedures and laws regarding his case extensively.
How do you present to a judge that all he wants is to share rights to his son and nothing to do with the mother, he's getting counseling and even willing to take parenting classes
Your nephew should express his commitment to his son in court by:
- Stating his willingness to undergo counseling and parenting classes.
- Providing proof of these actions, if already started.
- Emphasizing his intent to foster a healthy relationship with his son, independent of the mother.
Remember, judges prioritize the child's best interest.
If the temporary protective order goes through does that mean he gets his custody away forever or is it for a year
In Iowa:
- A temporary protective order typically lasts up to a year.
- It doesn't permanently terminate parental rights.
- The court may review and modify orders based on changes in circumstances.
Remember, the child's best interest is always the court's priority.
Should he also tell the judge that he is also willing to take joint parenting mediation classes too
Absolutely, ****. Your nephew's willingness to undertake joint parenting mediation classes can underscore his commitment to maintaining a healthy relationship with his child. It's important to present this in court, as it demonstrates his proactive effort to prioritize his child's wellbeing.
Does my nephew have a chance for dismissal cause I know Iowa is for the mother most of the time
The court's decision relies on the child's best interest. Parental preference is not a factor in Iowa. If your nephew presents a strong case, demonstrating his commitment to his child's welfare, he could have a chance for dismissal.
Is there anything else he should present to the judge
In addition to what has been discussed, your nephew could also consider:
- Providing character references that attest to his parenting abilities.
- Showing evidence of a stable home environment.
- Presenting proof of financial stability to support the child.

Again, all efforts should aim to show his commitment to his child's best interest.
He was found guilty for a no contact order even though he had proof that she contacted him first will that have affect of this
In Iowa:
- Violating a no contact order can impact a case.
- However, if he can prove that the other party initiated contact, it could be beneficial.
- He should present all evidence to the court.
Always seek specific legal advice.
He had evidence but the court appointed lawyer plead guilty for him without the judge seeing the evidence that she contacted him first
That's concerning, ****. Did your nephew approve of the guilty plea or was it done without his consent? Also, has he tried discussing this evidence with his court-appointed lawyer?
He told the court appointed lawyer, the lawyer said it didn't matter and plead guilty without consent. Now my nephew has 2week house arrest.
Your nephew might have grounds to appeal the decision based on ineffective assistance of counsel. He should consult with a local attorney or legal aid service for further assistance. Note, time is often limited for filing an appeal.
I guess he said they were both at fault but he's taking the blame, lesson learned
It's important to learn from such experiences. I hope your nephew understands the importance of legal representation and making informed decisions. Is there anything else you would like to discuss about this matter?
I just hope this doesn't get ugly because they both said harmful things, my nephew has never hurt her physically but she has hurt him but never turned her in for it tho
That sounds like a difficult situation, ****. It's important to document any instances of physical harm, as they may be relevant in court. Has your nephew considered filing a police report or gathering evidence of these incidents?
T
That's a good step, ****. Your nephew should document all instances of physical harm or threats. Evidence can be in the form of text messages, emails, photos of injuries, and any witness statements. This might be helpful in the court proceedings.
It's probably irrelevant because it happened years ago
While it's true that older incidents may carry less weight, they could still provide context to the situation. Has your nephew kept any records or evidence from these past incidents?
I don't think so, cause he thinks with his heart instead of his brain
Although it's tough, it's important for your nephew to separate emotions from the legal process. He needs to collect and present all possible evidence to support his case. Are there any other steps he's taking to prepare for his court appearance?
He's got witnesses and proof that after she filed a temporary protective order she broke into his house
That's very important evidence, ****. Has your nephew reported the break-in to the police and documented it properly? It could play a significant role in the court's decision.
Yes he has, she has a active warrant for criminal trespassing
That's excellent, ****. This could significantly influence the court's decision. Has your nephew kept a copy of the police report for his records? This document can be used as evidence in his case.
How do you get that
Your nephew can obtain a copy of the police report by visiting the local police department that handled the incident. He may need to fill out a request form and pay a small fee. It's important to keep this for court proceedings.
Is there anything else he should do
Here are some additional steps for your nephew:
- Keep records of all communications with the mother.
- Maintain a behavior journal recording any significant interactions.
- Continue to abide by all court orders.
- Prioritize his child's wellbeing in all decisions.
Ok
That's a lot of information, ****. If you need further clarification on any point, feel free to ask. Is there anything else you'd like to know?
Ok
I'm glad I could assist you, ****. If any more questions arise or if you need further information, don't hesitate to reach out. Wishing the best for your nephew and his child. Do you need help with anything else?
Thank you
You're welcome, ****! I'm glad I could provide some guidance. If you or your nephew have any more questions in the future, don't hesitate to contact us. Best of luck with everything.