It is totally up to the petitioner to present substantiated evidence to convince the court that a PO is necessary. Generally the court will issue a temporary order and then set a hearing date where the petitioner and the named person will appear to state their case. In an emergency temporary order of protection, a petitioner does not have to provide any proof or evidence. Many orders of protection have been issued based on unsubstantiated accusations. To make it permanent, the petitioner must only be "more believable" than the respondent. -Tim
Question is not really worded clearly. However - the same order that prevents the respondant from contacting the petitioner also protects the respondant from being contacted by the petitioner. THey are in equal violation and can be sanctioned by the court that issued the order. The petitioner can NOT contact and harass the respondant just because the petitioner thinks they are 'protected.' However, even if the petitioner can be proven to be violating the divorce decree that is a separate issue from the protection order which will have to be handled as a contempt matter.
In general the petitioner is not bound by the no contact order and thus cannot violate it. The order from the court instructs YOU to have no contact with the petitioner, but may not order the petitioner to have no contact with you (the court assumes that the petitioner does not want to have contact with you). That being said, if the petitioner "violates" the no contact order (contacts you after the court has put the order in place) you should immediately inform your local police department and the court of this, so that they are aware of what is happening. Expain that you are trying to follow the court's order, but that the petitioner is contacting you.
If the restraining order is against the Petitioner (as in a case where there are counter-petitions), the Petitioner may be arrested by any sheriff's office.Additional: In FL, even if no counter-petition has been sought or awarded, the petitioner is bound by the same restrictions as have been placed against the respondant. As stated above, the petitioner CAN be arrested for violating the provisions their own restraining order. The petitioner cannot use their order as a weapon against the respondant.
Either party to an order can file a motion to modify the order. State law dictates when a protection order can/will be modified or terminated. If you are the original petitioner, you will have the right and the opportunity to appear and present your position that the order should not be modified, if he is given a hearing on his motion.
It depends. I live in Missouri. I am able to call the respondent, but only to discuss custody matters with our children. In most cases, you may not call the respondent because that would be violating the order of protection. Something many people do not understand is that you can get in trouble for violating the order of protection you have against someone.
If the petitioner of a restraining order violates the terms of the order, then he or she is just as liable to criminal prosecution. A restraining order goes both ways.
Not unless the person being protected by the order wishes it to occur. Unless you are the parent or legal guardian of the individual being protected you do not have the legal 'standing' to ask the court to withdraw the order. If the petitioner wishes to have their protection order lifted, they can return to the same court which issued it and request that it be withdrawn.
Whenever you are summoned to appear before a court, regardless of its location, you are advised to appear in person or to at least have an attorney appear on your behalf. Depending on the nature of the case, a warrant for your arrest (called a "bench warrant") can be issued by the judge. If that happens, you will be arrested if a police officer has reason to run your ID through his computer system, such as in the case of a traffic stop. From the wording of your question, it SOUNDS like someone requested a Restraining Order (also known as a Protective Order) against you. That person is known as the "petitioner". When a petitioner asks the court for protection, a hearing date is automatically scheduled to determine whether the person has a good enough reason for the court to grant an order of protection. When the respondent (the person who is allegedly frightening or harming the petitioner) fails to appear in court at the time of the hearing, the court will assume that the petitioner has cause for an order of protection, and s/he will be granted an order by default. In other words, the petitioner "wins", and the respondent "loses". This over-simplifies the process, but I think it answers your question. The bottom line is: ALWAYS GO TO COURT OR HAVE A LAWYER GO FOR YOU WHEN YOU ARE SUMMONED TO APPEAR.
You would file a petitioner for such an order in the appropriate court.
As far as the petitioner of the order is concerned, there ARE no adverse effects. As for the person AGAINST who the order was issued: They mus adhere to the oprovisions and restrictions that the order places uopopn them, which my include barring them from certain locations, or mantaining a certain distance from the petitioner, etc.. And, if it is a Domestic Violence Order, they may not possess firearms.
it is dismissed by default
If the order contains language prohibiting you from contacting the defendant, the violation could subject you to sanctions. If not, you've still set up a good case for the defendant to show that you are not reasonably in fear of him/her, do not treat the protective order seriously, and do not need the protection.
If they refuse, and does not appeal, ile a motion for a default order.
The New York state laws on having an order of protection include a Family Court order of protection and a Criminal Court order of protection.
it was the doctor
Petitioner s Motion and Affidavit for Order of Child Custody Pendente Lite
inrush uses 2nd order 100 % staror protection in generator protection uses 3rd order overexcitation uses 5th order thanks
Yes. YOUR criminal record does not preclude you from petitioning the court for a protection order.
If it was their choice then they should bear the cost and burden of travel.If it was their choice then they should bear the cost and burden of travel.If it was their choice then they should bear the cost and burden of travel.If it was their choice then they should bear the cost and burden of travel.
Restraining orders are "issued" by a court. Courts do not violate restraining orders. Only the person against whom the order was issued must follow its provisions. If for example, you were ordered not to call the petitioner (the person who requested and was granted the restraining order) and the petitioner calls you, you should make a record of those calls and report the situation to the court that issued the order. You should ask the court if there is an advocate with whom you could make an appointment in order to discuss your situation.
If an Order of Protection is filed, it is usually served to both parties once it is finalized.
The so-called "burden of proof" is the burden that the prosecutor (in a criminal trial) or the plaintiff's attorney (in a civil trial) must present to a judge and/or jury in order to convince them that the event DID occur, and that the defendant (criminal) or respondant (civil) is the one that did it.
You can apply for one but in my experience they are rarely granted. Sometimes known in law enforcement and the courts as "Criss-Cross" protection orders, or "tit-for-tat" protection orders. The protection you seek is already incorporated into the wording of the original order (i.e.: if you are forbidden from approaching them, then THEY also are forbidden from approaching you). If the original order expires or is withdrawn and you feel you still need protection, THEN you can apply for your very own order.
definitely notANOTHER VIEW: The first answer is incorrect! The petitioner (the one who sought the restraining order) is bound by the same restrictions as the respondant (the one against whom the petition was issued). For example: if there is a 500 foot keep-away restriction on the respondant, the petitioner is also prohibited from going within 500 feet of the respondant.
Most of them. An order of protection is a court order, and to violate it is criminal contempt of court.