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Does the other party need to know you filed for a restraining order?
Wiki User
∙ 11y ago
The notice to the other party before obtaining a restraining order from the court of law is not only a need of a party but a legal right of the other party to know and to confront the allegations and contention raised by the first party for obtaining a restraining order again him from the court of law. This right is provided to the everyone for fair trial through the constitution of the State as well as due process of law and natural justice.
Wiki User
∙ 11y ago
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If both parties to not get a copy of a restraining order if it a valid order?
If it can be proven that the un-served party "knew" of the restraining order, the fact that they did not receive (or avoided) service of it, is not a defense.
Can you go before judge and ask for restraining order on person who ordered it on you?
For what reason? Retaliation? The person who was granted a restraining order against you, is governed by the same provisions as you are. NEITHER YOU, NOR THE OTHER PARTY can break the order's stipulations without being subject to court action.
How much time does an attorney have to serve the other party a temporary restraining order?
In my experience, restraining orders and domestic violence injunctions are served by the Sheriffs Office or other law enforcement-associated agency. They are not served by private individuals, attorneys included.
If someone in your family has a restraining order on them can other family members still talk to their family?
A restraining order applies ONLY to those people specifically named in it.UNLESS - the barred individual is using family members to pass messages, information or threats directly to the other party. No CONTACT means no contact WHATSOEVER!
Can you violate a restraining order if you file a small claims on the person that has a restraining order on you?
If you do everything by the book and it's not a frivolous claim and make sure anything sent to the other party is witnessed and witnessed when you put it in the envelope and it has not a single hint of anything other than it's legal purpose. But still don't be surprised if you go to jail anyway and be forced to prove that it's all legal. It's happening more and more, people going to jail for the same thing. When it comes to Restraining order violations the courts don't really care how much evidence you may have in your favor. Remember, the restraining order was probably ordered first, just on what the other party said with little if any proof.
When going through divorce what form should be filed to stop spouse from withdrawing all funds?
It depends on your jurisdiction but since either party can withdraw the funds from a joint account you should request some sort of restraining order or other type of court order immediately. Courts do not look favorably on spouses who raid the bank accounts during a divorce process. You should act ASAP.It depends on your jurisdiction but since either party can withdraw the funds from a joint account you should request some sort of restraining order or other type of court order immediately. Courts do not look favorably on spouses who raid the bank accounts during a divorce process. You should act ASAP.It depends on your jurisdiction but since either party can withdraw the funds from a joint account you should request some sort of restraining order or other type of court order immediately. Courts do not look favorably on spouses who raid the bank accounts during a divorce process. You should act ASAP.It depends on your jurisdiction but since either party can withdraw the funds from a joint account you should request some sort of restraining order or other type of court order immediately. Courts do not look favorably on spouses who raid the bank accounts during a divorce process. You should act ASAP.
Can a town get a restraining order against a person?
In the common usage of the term where a party is restrained from contacting another party, no. However, sometimes injunctions are also called restraining orders. In that context, the municipality may be able to get an order restraining someone from doing something. For example, a person may be restrained from tearing down a building until the historical value of the building is investigated.
Can you file restraining order against a person who filed against you?
You can file for it, but you have to convince a judge to agree with you. However, if the person you are restrained from is seeking you out and/or harassing you, you absolutely need to contact the court for advice. But if you simply want to file a restraining order against them just because they filed one against you, you won't convince the judge.
Husband is filing divorce wife has restraining order against him protecting wife and kids how can we reconcile marriage?
Husband will have to petition the judge who issued the restraining order against him to modify it to allow face-to-face contact in the presence of a marriage mediator. However, if the other party is adamant and does not wish mediation, it appears futile to petition the judge to order it, however you can always try. The judge who issued the restraining order will have to become involved since it is only he, who can modify it.
Can you cancel divorce proceedings?
If you filed the complaint or petition, you may dismiss it. If the other party filed the complaint, or if they filed a counterclaim, they would need to dismiss it.
I have a restraining order on a person. they contacted me. what will happen?
Contacted you HOW? In person? By phone? By third party? If they are violating the provisions of the restraining order you will have to notify the court and/or (depending on your state) swear out a warrant against them. REMINDER: Restraining orders are orders of the CIVIL court and cannot be enforced by the police who can ONLY enforce CRIMINAL law.
What do you do if someone puts a bogus restraining order on you then keeps coming to where they know you will be to try to get you arrested?
You could get a restraining order on the other person so there not allowed around you. It's like a "fight fire with fire." contempt of court/breach of order A restraining order is intended to keep parties separated from each other. Any party breaching this order may be held in contempt in some circumstances. You should definitely go to the issuing court and complain. They will direct you as to your legal recourse. Ignoring the breach, appeasing the aggressor, often only makes the party more aggressive. The continual breach may eventually put you at risk of further legal action. Take action of your own before that happens.
