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In the State of Louisiana, restraining orders can be issued by a judge, or a Justice Court Judge (a J.P) if issued by a J.P. no you do not have to go to court in order to obtain one. You present yourself and your case to the Justice of the Peace, the order is issued for a fee for services. To drop charges, you must also pay to have them dropped, especially by the D.A.'s office.
Added for clarification: If you are the Plaintiff(seeking the order) you MUST appear in court to give sworn testimony, if you fail to appear the action will be dropped.
If you are the Respondant (the one against whom the order is sought) you do not necessarily have to appear, but if you don't the order will be issued en absentia, since you didn't appear to give testimony to defend yourself or refute the allegation.
Sammy Beahan
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Does a no contact order expire when the restraining oder expires?
No, a no contact order and a restraining order are separate legal actions. A no contact order may remain in effect even after a restraining order expires. It is important to follow the terms of both orders to avoid legal consequences.
What happens if you have a restraing order on your bpyfriend and you contact him will that hurt you in court?
If you violate a restraining order by contacting your boyfriend, it can weaken your credibility in court and may result in legal consequences. It is important to adhere to the terms of the restraining order to protect yourself and maintain a strong legal position.
What is a restraining notice?
A restraining notice is a legal document served on a debtor's bank account, notifying the bank not to release funds to the debtor, but rather to hold them for potential satisfaction of a debt owed to a creditor who obtained the restraining notice through a court order. It is a way for creditors to protect their interests by freezing the debtor's assets.
What do you call it when someone can't come near you by law?
A Restraining Order.
Can you legally stop someone from contacting you if they have not threatened you directly?
Yes, you can request that they stop contacting you by sending a cease-and-desist letter. If they continue to contact you after receiving the letter, you can seek a restraining order from the court.
If you have a restraining order on someone do you still need to appear in court if your summons and they are there?
Yes. If you are ordered to appear in a court, you must appear no matter what.
Do you have to attend the hearing for a restraining order?
If you file a restraining order will you have to go to court
What is a dov restraining order?
I think you mean a DV restraining order: It is a domestic violence restraining order. It is a court order that can help protect people from abuse.
If a restraining order is dropped will it stay on criminal record?
If it was only a CIVIL COURT restraining order, it will not appear on your criminal record. HOWEVER, if there was any criminal action associated with it, or which was the cause for it being issued, (e.g.: domestic battery), THAT is a criminal matter and it WILL appear on your criminal record.
How long will a restraining order last in the state of Arizona?
They can vary by length from a very short time span all the way up to permanent. The court order will have this information in it somewhere. If it cannot be located contact the Clerk Of The Court which issed the order to see the original decision.
Can 2 people get married if the court ordered a restraining orde?
The courts issued restraining orders at the request of the party who requests it. If that petitioner then turns around and WILLINGLY weds the respondant it would appear to nullify, by their own choice, the court order.
what grounds does it take for someone to file a restraining order against you?
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....
How does one appeal a temporary restraining order?
If you filed the restraining order, you can withdraw it. You must go back to the court where you filed the restraining order and ask that it be dropped.
How do you fight a temporary restraining order in Ohio?
When you were served with the TRO, you should have been given a court date (most likely on the paper) and you will need to appear in court to plead your case.
Are restraining orders public record?
In almost all cases a restraining order is a publicly available court record. The ease with with the restraining order could be discovered depends on the level of public access available in the court where the order was issued.
Does the reason of a restraining order show on a back ground check?
A restraining order is a civil court action and does not appear on your criminal history record - UNLESS - you were arrested for domestic violence BEFORE the order was issued - OR - were arrested as a result of violating the order. In those cases it WILL show up.
What happens if you break your restraining order in England Or anywhere else?
(in the US) A restraining order is an order issued by the court. If you disobey/break the court's order you are subject to immediate arrest.See discussion page:
