The restraining order will also force the accused to leave his own home and prevent them from seeing their children. ... If you are the one who files a restraining order under false allegations, if it's proven, you can face being prosecuted.
Yes. Any fraudulent document that purports to be an official document issued by a government official can cause the person who created it and the person who uses it to go to jail. In many states it is a felony.
In Florida I need lawyer for this exactly she found ALL HIS CLAIMS ON HIS AFFIDAVIT FALSE AND EMPATHIZED WITH HIS STALKING AND HARRASMMENT EVEN THOUGH HE HAS PRIOR OFFENSES AND GRANTED HIM PROTECTION BECAUSE ME CALLING THE POLICE BECAUSE HE WAS IN VIOLATION OF AN EMERGENCY PROTECTION ORDER.. FLORIDA LAWYERS I NEED
Contacted you HOW? In person? By phone? By third party? If they are violating the provisions of the restraining order you will have to notify the court and/or (depending on your state) swear out a warrant against them. REMINDER: Restraining orders are orders of the CIVIL court and cannot be enforced by the police who can ONLY enforce CRIMINAL law.
Family law court your district
Restraining orders become a part of public records if they are not issued in direct conjuction with a crime such as sexual assault, rape, where state law provides protection for the survivor of such an assault.
It depends. If the restraining order is in relation to a criminal conviction then yes, but by themselves without proof of another crime (such as assault) then no.
Techically he can't get a restraining order against the boyfriend because it would probably be against the law.
The forms, perhaps, but the official court order must be heard in a court of law presided by a Judge.
You and your boyfriend need to talk to an attorney. Each state has different rules regarding restraining and protection orders. In most states, these orders are obtained by victims of domestic violence or harrassment against the offender. I don't think anyone can get such an order just because he or she doesn't like the person. But if there is a history of violence or harassment between the two of you, then she may be able to (depending on your state's law).
Anesh Pema has written: 'Anti-social behaviour orders' -- subject(s): Great Britain, Harassment, Interpersonal conflict, Law and legislation, Nuisances, Restraining orders
In my experience, restraining orders and domestic violence injunctions are served by the Sheriffs Office or other law enforcement-associated agency. They are not served by private individuals, attorneys included.
If they are fake and it can be proven then someone is breaking the law and action can be taken against them
A Restraining Order.
It is not against the law for them to date. It is against the law for them to engage in sexual intercourse or touching of the breast or genitals. As a parent, you may obtain a Restraining Order which would not allow the 35 yr old to contact the juvenile.
Im pretty sure you can get a restraining order. So just watch out how often you do it, and when and where and why, other than that... GO FOR IT!!!
Yes. In order to obtain a restraining order you have to swear under oath as to the truthfulness of what you are charging the other person with. It is against the law to give false testimony or make false accusations.
Never drop a restraining order against someone. Something made you get it in the first place. Stick with it. Has he gone through therapy? Probably not. Narcissists don't change. Trust me on that. Keep the restraining order. If you cancel it you'll lose credibility with the law and also you will regret dropping it. ~ T
if there is an active restraining order in place then the employer can still hire that person as long as said person is not in breach of the order for instance if u work in a specific area and they emply him to be in the same building with the knowledge that the restraining order is in place then not only is the person who the order is against but also the company that you are working for breaking the law(uk)
Yes, anyone cane get a restraining order against any one. But, in the information you provided, the person that moved in would have to leave the house. The law governing these orders, leaves it up to the individual holding the order to inform the police when it has been violated. You can in turn, file a tresspassing charge against the individual, and the police will remove them.
That is fraud and against the law. You will be arrested.
You cannot make a fake 20 Euro note because it is against the law. If you are caught making a fake 20 Euro note, you will be arrested.
Only by the people that requested it and the person/people that issued it, if someone gets to it then that is against the law and if someone catches them then they will be caught and sent to prison.
There are different types of restraining orders. Some have certain clauses in them that stipulate IF and WHEN a person is allowed to come to your home.. For example, in custody cases where there are children involved, the recipient of the restraining order may be allowed to come to the address on specific dates or times to pick up the child. IF the restraining order SPECIFIES THAT THE PERSON IS NOT ALLOWED TO COME WITHIN ____ AMOUNT OF FEET/YARDS. then that INCLUDES YOUR HOME, WORK, and ANYWHERE YOU ARE! You could be at a RESTAURANT and if the person that the restraining order is against shows up without knowing you are there, THEY HAVE TO LEAVE THE PREMISES. The restraining order should specify the PLACES the person is not allowed to be, INCLUDING your address. That should be right on the order. IF the person COMES TO YOUR HOUSE you MUST CALL THE POLICE IMMEDIATELY, because it is a felony to disobey a restraining order. Also, if you don't follow the restraining order and you allow the person to visit, the judge probably won't take you seriously when you file for an extension if the other person can prove that you have been calling THEM, contacting THEM, etc. YOU may find yourself with a restraining order and THAT is not good because then they can have you arrested for almost any reason. It also shows up on any computer of law enforcement that a restraining order has been issued against you, even years afterword.
No. There is a general misconception about the granting and application of restraining orders or protective orders. Before a judge in any US state will issue such an order it must be proven that the named person has committed a physical act of violence or has the potential of doing so. In some situations the judge will issue a "no contact" order, but only under specific circumstances and for a short not lengthy or permanent time period. The courts prefer to leave such matters to the parents, rather than allowing the parents to use the law to replace their responsibility to discipline and control their minor children.
A restraining order is an order of the court. Report the violation to your local law enforcement agency.
Ummmm, no offense to the person who posted this question, but that's against the law. Nuff said.