If you file a restraining order will you have to go to court
Ask your attorney. Often if you do not appear you will lose automatically.
If you're smart, you will have one with you.
Because - if you are summoned to a court of law to answer for your actions, or hear the outcome of a judgement, you mustattend - or face arrest ! The restraining order will not be enforced in the court, since you have been legally ordered by the judge to be in the presence of the complainant.
That, of course, is YOUR opinion. You can file a petition/motion with the court to contest the restraining order. The judge (if they grant your motion) will hold a hearing and determine if the order shoudl be lifted.
In my experience, a restraining order cannot be issued until after a court hearing has been held in which case BOTH sides get to tell their story to the judge or hearing officer. However if the respondent fails to appear for the hearing it could be issued due to their default, at which time it becomes incumbent upon them to request a court hearing to defend against the action.
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.
Yes, in Family Court Division of the Circuit Court.
You must show up on the date of the hearing stated on the notice and defend yourself against the charges. If you don't show up the restraining order will be granted.
He needs to request that visitation arrangements be made at the hearing under the court's supervision. Of course, his success depends on the reason for the restraining order.
Permanent Restraining Order
can you cancel a 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.
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.