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.
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.
By obeying it!
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.
Yes, return to court and request that the restraining order be withdrawn.
To drop a temporary restraining order in Milwaukee, you can file a motion with the court requesting the dismissal of the order. You may need to provide a valid reason for the dismissal, such as a resolution or change in circumstances. It is advisable to consult with an attorney to understand the specific procedure and requirements for your case.
Yes. If you are ordered to appear in a court, you must appear no matter what.
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....
No evidence is necessary for a temporary restraining order. What happens is when you go into court and get a restraining order they give a temporary restraining order until trial. You can then push the date back a few times and extend it. Some people would argue this is how you get custody of children in a divorce situation. For a long term restraining order you will need documented cases of abuse.
If you file a restraining order will you have to go to court
What happens if both parties violate a restraining order?
No, but violations of such do. A restraining order is a civil order.
You have someone drop the child off for you so anywhere but home I would imagine.AnswerYou should work that out through the court. It can be stated on the restraining order.