There are grounds and criteria for someone seeking a restraining order. A judge will decide about issuing the restraining order as a permanent order. There must be proof of threatening behavior or danger. The court will be cautious and issue a temporary restraining order. After the court , if there isn't proof to substantiate the court can't enforce....
If you are the one who filed for the order, you can request that the court vacate the restraining order. If you are the one against whom it was filed, you would have to file a counter-motion, or an appeal, with the same court that granted the order in the first place.
Yes, but you can take him to court and fight for custody.
Only the person who requested the restraining order in the first place can request that it be removed. That person can schedule a hearing at the same court that issued it and ask that the judge cancel the order.
If there was a restraining order preventing one parent from seeing their children, and you have not filed for, or been given an extension on that order, it's best to take the matter back to court. You should have your original custody agreement amended to reflect the fact that there was a restraining order keeping the parent from the child.
An order can only be issued or rescinded by a Court with appropriate jurisdiction.Added: If you were the individual against whom the order was issued, you would have to petition the court that issued the original order - OR - if you were the person who originally sought the order, you would have to appear before court and request that it be rescinded.
No. Unless she has court written visitation papers or a restraining order. The Father needs to take her to court and get the visitation schedule worked out right away.
no, but your mother can take him to court and get full custody so he won't be able to see you or come near you without her and your permission
You need a legal cause to obtain a restraining order. If the boy has been violent or threatened violence, or if it is a case where you are underage and he is an adult, so sex would be rape, that would give them cause to obtain a restraining order. They cannot simply take out a restraining order without cause.
If the deed is in your name, and not theirs, then you can evict them, or kick them out and file charges for trespassing if they do not leave, and you can also file for a restraining order.
Yes, If your parents placed a restraining order while you were under their care but now you are technically an adult through emancipation, you are now considered an adult and can remove the restraining order.