QUESTION
What do I need to do when a preliminary protective order is filed by someone who is mentally ill and I don't know what I am accussed of doing?
Asked on Feb 05th, 2014 on Civil Litigation - Virginia
More details to this question:
My son's Grandmother is schizophrenic. It is even in my son's visitation order that he is not to be left alone with her due to her mental illness. She has gotten a preliminary protective order and I have not even had any contact with her for at least a month. When I called the court house they told me I could not find out why she filled until the hearing. In the past she has accused me and her own family of doing things to hurt her that aren't real. This is the first time she has taken any legal action toward me. How do I prepare for the hearing and how do I make sure she can't keep filling protective orders. I was served in front of my son and it was very upsetting to him. Can I request she have a mental evaluation? I am also concerned that she believes people are following her so I am afraid if she happens to see me or my family in out somewhere she will assume we are following her and try to take further action. How can I protect myself and my family from any further issues with her
1 ANSWER
1 Award
In order for her to file for a protective order against you, ordinarily she would be required to provide a sworn affidavit laying out the allegations. When you are served with notice of your court hearing, you would ordinarily be given a copy of this affidavit, so I am not sure why you did not receive that. You may want to go to the courthouse prior to the hearing and check the court file to see if there is additional information in there that you were not provided.
It is unlikely that the court would order a mental health evaluation of her because the case is not against her, it's against you. I think the best you can do is bring witnesses with you who can attest to her erratic behavior and prior false accusations. Beyond that, it is important to have a lawyer in a case like this to make sure your rights are protected.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.
Answered on Feb 07th, 2014 at 9:28 AM