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An Example of an "Abuse of Process" in a Recent Custody Case

I want to talk with you about abuse of process and give you an example of what an abuse of process is so you don’t do it in your custody case. I represent a father and he and mother share 3 children in common. Several months ago mother got an order of protection also known as a restraining order on father. Although the judge did grant the mother the order of protection restraining father from having contact with her, the judge declined to put the 3 children on the order of protection. My client claimed the allegations were not valid allegations and so we ordered a hearing to contest it.

My client, the father, said that the allegations were not valid allegations and he wanted to contest the order of protection.   He and I ordered a hearing on that order of protection and we actually prevailed so the order of protection was dismissed. It then came as a shock to me and my client when he was served, very shortly thereafter, with another order of protection.

The second...