No, 498A is non-compoundable. The petitioner has to turn hostile in front of the judge and then the judge will write off the case
Petitioner
Petitioner
The plaintiff or petitioner.
baraba grutter
The parties to a US Supreme Court case are typically referred to as the Petitioner and the Respondent. This is approximately analogous to the Plaintiff (Petitioner) and Defendant (Respondent) in a criminal case.
MT/REV petition withdrawn ? What is this meant for assault case ? Peter
If the restraining order is against the Petitioner (as in a case where there are counter-petitions), the Petitioner may be arrested by any sheriff's office.Additional: In FL, even if no counter-petition has been sought or awarded, the petitioner is bound by the same restrictions as have been placed against the respondant. As stated above, the petitioner CAN be arrested for violating the provisions their own restraining order. The petitioner cannot use their order as a weapon against the respondant.
Yes. The Petitioner (or Appellant) brings his or her case against the Respondent (or Appellee). The Petitioner is the one who files a petition for a writ of certiorari.Usually, this means the Petitioner lost in the intermediate Court of Appeals, but there have been occasional instances where the winning party files first, in anticipation of the decision being challenged. This strategy is sometimes employed because the Petitioner gets to present his (or her) case first, and may reserve a portion of his allotted 30 minutes for rebuttal after the Respondent has argued. Having an opportunity to rebut the opponent's argument can present a significant advantage.
Yes. Any Indian wife and her relative can file 498a on her husband, his parents, sisters, brothers, grandparents, uncles, aunts, cousins, wives of brothers, and other relatives. 498a (dowry harassment case) leads to arrest without any verification or investigation.
The Court grants certiorari to the petitioner, and issues a writ of certiorari to the lower court, asking for the case files.
More than a letter - you would have to file a 'motion' with the court to continue the case with yourself in place of the original plaintiff. If the original petitioner died, the court would have to rule that you had legal "standing" to continue the case. If you do not have "standing" then the case dies along with the plaintiff.
It is totally up to the petitioner to present substantiated evidence to convince the court that a PO is necessary. Generally the court will issue a temporary order and then set a hearing date where the petitioner and the named person will appear to state their case. In an emergency temporary order of protection, a petitioner does not have to provide any proof or evidence. Many orders of protection have been issued based on unsubstantiated accusations. To make it permanent, the petitioner must only be "more believable" than the respondent. -Tim