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How can you convince a judge to not give you a restraining order?
Wiki User
∙ 10y ago
Talk to the clerk of the court that issued the order. A restraining order is typically limited to a short period, during which the defendant has a right to be heard on why the order should be lifted. After that, the court may issue a preliminary injunction or a permanent injunction, both of which also include you as a party (i.e., you can present evidence and arguments in your favor).
The above is a good answer.
I tried to add this in the discussion area, but the site would not allow it.
I was a victim of a false restraining order.
I made the blog LISTED BELOW for others like me.
I am still attempting to bring perjury and filing a false police report with the sheriffs department charges against her.
You can alway file a motion to dissolve/review the restraining order with the clerk of the circuit court, you can even ask to have your motion placed on the court docket.
I suggest you hire a good attorney, and not attempt to defend yourself.
Wiki User
∙ 14y ago
Wiki User
∙ 13y agoLike all legal answers, the answer to this question is "it depends." In case of an emergency injunction/restraining order (which are basically the same thing but different terms depending on what's being "injoined" or "restrained") there is usually a hearing set within a very short period of time after being served so the Court can decide whether there is a need for the injunction/order. If at that hearing the Court, having heard the evidence, decides to grant the injunction/order then you can normally appeal it to a higher court as a final order (unless your state has different rules) or live with it until the end of the case when the issue is heard on its merits.
Wiki User
∙ 12y agoTypically, in order to obtain such an order, a person has to submit a petition, and then a trial is held to determine whether the order is warranted. Evidence that the allegations contained in the petition are false should be presented at the trial. If the defendant loses the trial, he/she can then appeal and show a legal reason where the trial court erred. If the defendant failed to appear for trial or failed to present such evidence, he/she gives up the right to defend.
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Why would a judge give only 4 months restraining order?
A judge may give a 4-month restraining order based on the specific circumstances of the case. The duration of the restraining order could be influenced by factors like the severity of the threat, prior incidents, evidence presented in court, or the judge's discretion. It's important to consult with a legal professional for a more accurate understanding of the specific case.
How would you reinstate an expired restraining order?
Go back to court and request that the judge either extend, or re-instate, the order. Be prepared to give good cause as to your reason.
What should you give a ladybug so they will go away?
A restraining order !
Reason they would give a restraining order?
if touched hurt or thretined
What evidence is necessary for a temporary restraining in a domestic dispute?
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.
Can you give me example of injuncton of brother and sister?
when a your brother (or sister) puts a restraining order on you
Is it illegal to threaten someone with a restraining order?
Yes. In order to obtain a restraining order you have to swear under oath as to the truthfulness of what you are charging the other person with. It is against the law to give false testimony or make false accusations.
How can you make your ex leave you alone and quit trying to make up excuses to contact you if one time he is verbally abusive and the next time he is so in love with you and wants to work things out?
change your number and don't give out to anyone that knows him and then avoid him at all cost if you see him around ignore and go about your normal day like he doesn't exist or ask him what is his problem and then tell him to leave you alone you don't want anything to do with him! Talk to a judge or attorney and get a restraining order. If you feel there is any threat of violence, explain that to the judge and there is little doubt that the restraining order will be awarded. After that, if he violates any part of the restraining order he can be arrested.
Do you have to appear in court for a temporary restraining order?
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.
Do you have to appear in court for a restraining order?
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.
Ok my ex's mom made her get a restraining order on me then later she calls me and wants me back and we hang out willing on both parts what can happen to us will it jsut get dropped?
If your ex has a restraining order on you, then she can NOT give you permission to violate it. If you are caught near her, then even if she swears she wants you there, you may - and most likely will - be arrested. The only way it will drop is if she goes into court and files a motion to modify, with the modification being that she is dropping it. The judge does not have to grant it, but usually will.
Can my parents file a restraining order against my boyfriend because the think he's not good enough for me?
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.
