you have to serve someone a restraining order for 1 week
Another View: "YOU" don't serve the individual - the Sheriff's Office or a court officer serves them. If they purposely avoid the service of the order it may prove problematic because, legally, they cannot be held in contempt of the order if it cannot be proven that it was served on them.
HOWEVER- you can bet that SOMEONE knows where they are or where they work - call the Sheriffs Office and let them know. OR - or if they show up wherever you are, call law enforcement and when they arrive advise them that there is an outstanding un-served court order for this person. They will take care of having it served on them.
Yes, if you are legally an adult and have been emancipated, you can take steps to have a restraining order that your parents have placed on you lifted. You can consult with an attorney who specializes in family law to guide you through the process and help you file the necessary paperwork to have the restraining order lifted.
maybe not
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....
as long as they stay as far away as the restraining order says and they are not looking in your house...but if you are in public property then anyone can take pictures of you if they want.
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.
If there was a restraining order preventing one parent from seeing their children, and you have not filed for, or been given an extension on that order, it's best to take the matter back to court. You should have your original custody agreement amended to reflect the fact that there was a restraining order keeping the parent from the child.
Yes, they can apply for a restraining order. They are responsible for their son and can take steps to protect him.
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Yes, but you can take him to court and fight for custody.
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.
There are different types of restraining orders. Some have certain clauses in them that stipulate IF and WHEN a person is allowed to come to your home.. For example, in custody cases where there are children involved, the recipient of the restraining order may be allowed to come to the address on specific dates or times to pick up the child. IF the restraining order SPECIFIES THAT THE PERSON IS NOT ALLOWED TO COME WITHIN ____ AMOUNT OF FEET/YARDS. then that INCLUDES YOUR HOME, WORK, and ANYWHERE YOU ARE! You could be at a RESTAURANT and if the person that the restraining order is against shows up without knowing you are there, THEY HAVE TO LEAVE THE PREMISES. The restraining order should specify the PLACES the person is not allowed to be, INCLUDING your address. That should be right on the order. IF the person COMES TO YOUR HOUSE you MUST CALL THE POLICE IMMEDIATELY, because it is a felony to disobey a restraining order. Also, if you don't follow the restraining order and you allow the person to visit, the judge probably won't take you seriously when you file for an extension if the other person can prove that you have been calling THEM, contacting THEM, etc. YOU may find yourself with a restraining order and THAT is not good because then they can have you arrested for almost any reason. It also shows up on any computer of law enforcement that a restraining order has been issued against you, even years afterword.
tell your ex how you feel. hook ex up with new love, restraining order, take the kids, take the house........