Questions & Answers / My spouse got an Order of Protection against me and I’ve been kicked out of the house. I have not seen my own kids in a week and I am sure she just wants to get rid of all my property, vital work equipment, etc. I’m sleeping in my car…

My spouse got an Order of Protection against me and I’ve been kicked out of the house. I have not seen my own kids in a week and I am sure she just wants to get rid of all my property, vital work equipment, etc. I’m sleeping in my car…

…and I did nothing to deserve this. How do I stop this?
Anyone who was kicked out of their house can request a hearing to review the Order of Protection and the court must schedule the hearing within 5 days of the request. Everyone who was not kicked out of their house as a result of an Order of Protection can request a hearing to review the order and the court must schedule it within 10 days. Courts rarely entirely terminate the Order of Protection if one party wants it and there is the slightest possibility that violence might take place if the people were allowed to be in contact with each other, but you have a good chance that the order can be amended to encourage contact with your children, prevent your spouse from destroying, giving away or selling your valuables while you are not present, or even may switch which spouse is allowed to retain exclusive possession of the residence, depending upon the circumstances. If you have evidence that your spouse lied when obtaining the Order of Protection, certainly bring it to the hearing, but be prepared also to make suggestions on how to amend the order to take care of your immediate needs in case the judge decides not to terminate it entirely.   Other immediate needs at the time of separation that are not resolved by Temporary Restraining Order and Orders of Protection can be included in a Temporary Order request.   Back to Frequently Asked Family Law Questions